Jun 20, 2019 | Global Documents |
THIS AGREEMENT (the "Agreement") dated this ____________ BETWEEN _____________________________ __________________________________________________________________________ _____________________________ _____________________________________________________ (Hereinafter referred to as the "Tutor") OF THE FIRST PART - and - _________________________ _____________________ __________________________________________________________________________ (Hereinafter referred to as the "Student") OF THE SECOND PART (Tutor and Student are collectively the "Parties") IN CONSIDERATION of the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration the Parties acknowledge, the Student receives tutoring sessions (the “Session” or “Sessions”) from the Tutor on the following terms: Fees Payable to the Tutor Fees shall be calculated at a rate of $ _________ dollars for ____ Session(s) or $_______ dollars for ___ Session(s) or $________ dollars for 1 Session. No further fees shall be charged for traveling or preparation time of the Tutor for Sessions conducted within ________ County. For Sessions conducted outside of ________ County, a Travel Charge of $_______ per mile will be applied to the total round trip distance from the business address listed above to the location where the Session is conducted. Fees may be adjusted from time to time and shall become effective after having given the Student _____ days written notice. Payment The Student is responsible for payment of fees. Payment is due at the beginning of the Session or, when _____ or more Sessions are scheduled, payment shall be made in advance for all the scheduled Sessions. Accepted methods of payment: _________________________________. Schedule of Sessions Tutoring shall commence on the _______________ and thereafter on an ad hoc basis mutually agreed upon by Tutor and Student. Each Session shall have a duration of approximately ______ minutes. Cancellation of Sessions by Student All cancellations shall be done using the following email: ______________________________. The Student may cancel payment by giving at least _____ hours prior notice to the Tutor in which case no payment fees will be incurred. Sessions not attended by the Student without giving _____ hours prior notice to the Tutor shall be charged at the full rate without a discount or refund for the missed Session(s). Cancellation of Sessions by Tutor The Tutor may cancel Sessions by giving _____ hours prior notice to the Student in which case no payment fees shall be incurred. Where a Session was prepaid, the Tutor shall reschedule the appointment at a time agreeable to both parties, failing which the Student shall be refunded with such a missed Session payment fee. Late Arrival Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for time lost because of late arrival by the Student. Any lost time because of the late arrival of the Tutor shall be compensated for by extending a Session by mutual agreement and by such amount of time that was lost. Obligation of the Tutor 1. The Tutor shall at no time be required or obligated to execute homework or assignments on behalf of the Student. 2. The Tutor undertakes to review material to be covered prior to each Session and to structure Sessions in such a way as to optimize time to the benefit of the Student. 3. The Tutor shall keep confidential all information of the Student and shall contact other parties involved in the education of the Student only if given written permission by the Student to do so. Obligation of the Student 1. The Student shall assist the Tutor in identifying problem areas in which the Student needs specific tutoring. 2. The Student agrees to provide his or her own materials needed for each Session (e.g. books, notes, calculator, paper, other relevant study material, etc.). 3. The Student agrees to participate actively, ask questions, complete practice problems, etc. 4. The Student shall not bring friends to Sessions —they must request services first! No Warranties While the Tutor is confident in his/her skills and teaching ability, the Tutor makes no promises or warranties with regard to a Student’s performance as a result of any tutoring provided. Status of the Tutor It is expressly understood that the Student retains the services of the Tutor as an independent contractor and not as an employee. The Tutor shall be responsible for his/her insurance and for all statutory declarations and contributions with regard to income tax. Termination Either party may terminate the Agreement at any time by giving the other party ____ days prior notice. Relaxation of Terms No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this Agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms. Whole Agreement This Agreement constitutes the entire understanding between the parties with regard to the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein. Any alteration to this Agreement must be in writing and signed by both parties. Minors Where the Student is a legal minor, the Parent/Guardian shall enter into this Agreement on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student. Indemnification The Student indemnifies and holds the Tutor harmless for all injuries or damage of any kind for all consequential and special damages for any claimed breach of this Agreement or violation of any law or the rights of a third-party. Governing Law The terms of this Agreement shall be governed by and construed in accordance with the laws of Lakewood, Washington, United States. General The Student shall pay all reasonable attorney and other fees, the expenses and costs incurred by the Tutor in protecting his/her rights under this Agreement and for any action taken by the Tutor to collect any amounts due the Tutor under this Agreement. ______________________ _______________________ _______________ Tutor Signature Tutor Name Date ______________________ _______________________ _______________ Student Signature Student Name Date
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