THE PARTIES TO THIS AGREEMENT ARE:
FROG TUTORING, LLC, of 1751 River Run Suite 200, Fort Worth, Texas 76107, telephone (877) 904 0134, e-mail [email protected] (hereinafter referred to as the “Tutor”), and:
Services will be provided to Student through in-person lessons (the “Lessons”), conducted by the individual teachers selected by the Tutor (hereinafter referred to as the “Lesson Tutors”) in its sole discretion.
FEES PAYABLE TO THE TUTOR
The Tutor's current rate plans subject to the limitations and conditions expressed in the plan.
No additional fees shall be charged for preparation time of the Lesson Tutors. The fees charged by Tutor may be adjusted from time to time and shall become effective after having giving the Student thirty (30) days written notice.
Student acknowledges and agrees to pay all costs associated with transacting tutoring business through Tutor. These costs include, but are not limited to, 1) the hourly rate listed, 2) travel fees, if applicable, and 3) cancellation fees as described below.
Tutor will accept payment by check or credit card. A fee of $35.00 will be charged for any dishonored check. Payment for all lessons included in the plan chosen shall be made in advance. For any additional lessons requested by Student not included in the plan, Tutor shall invoice Student: Student shall pay such invoices within 14 days of the invoice date. Student agrees that Tutor shall charge interest at the rate of 18% per annum on any late payments.
CANCELLATION OF LESSONS BY STUDENT
The Student may cancel a lesson by giving at least 24 hours prior notice to the Tutor; if such notice is given, no lesson fees will be incurred. Lessons not attended by the student without giving 24 hours prior notice to the Tutor shall be charged at 50% of the hourly rate. If Student does not arrive at the tutoring location within 15 minutes of Tutor’s arrival, Student will be billed 100% of the lesson.
CANCELLATION OF LESSONS BY TUTOR
The Tutor may cancel lessons by giving 24 hours prior notice to the Student. Where a lesson was pre-paid, the Tutor shall reschedule the appointment at a time agreeable to both parties, failing which the Student shall be refunded the fee for the missed lesson, if prepaid.
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 lesson by mutual agreement and for the amount of time that was lost.
OBLIGATIONS OF THE TUTOR
- The Tutor and Lesson Tutors undertake to do all preparation prior to lessons and to structure lessons to tutor Student effectively.
- The Tutor and Lesson Tutors shall keep all information of the Student confidential and shall contact other parties involved in the education of the Student only if given written permission by the Student to do so.
- The Tutor and Lesson Tutors shall not assign any obligations under this tutoring contract to a third party not subject to this agreement without the written permission of the Student.
- The Tutor and Lesson Tutors shall at no time be required or obliged to execute homework or assignments on behalf of the Student.
OBLIGATIONS OF THE STUDENT
- The Student undertakes to assist the Tutor and Lesson Tutors in identifying problem areas in which the Student needs specific tutoring.
- The Student agrees that assignments, exercises or homework form an integral part of tutoring and undertakes to complete such work in a timely manner.
The Student agrees that any intellectual property or other learning aids provided by Tutor in connection with the Services may only be used by the Tutor and Student for the Student’s educational purposes, and that Student shall obtain to rights to the intellectual property and learning aids, which shall remain the express property of Tutor.
Student agrees not to discuss salary information or lesson fees with Lesson Tutors. By purchasing tutoring services through the Tutor, Student agrees not to directly or indirectly compete with Tutor and its successors, both during the period of lesson tutor use and for a period of one year following termination of this tutoring agreement, by any of the following methods: 1) offering Lesson Tutors any tutoring or related work outside of this agreement, 2) offering to pay Lesson Tutors less in order for them to work outside Tutor’s business, 3) referring Lesson Tutors to other potential clients who intent to hire Lesson Tutors outside the Tutor business, or 4) any other direct propositioning of Lesson Tutors to do any work outside of the Tutor business.
The Tutor makes no promises or warranties with regards to a Student’s performance as a result of any tutoring provided.
Student may terminate this contract at any time by giving Tutor seven (7) days prior written notice. In the event of such a termination, Student will forfeit any specials applied at the time of signing this contract, and lessons already provided will be assessed at a prorated rate based on the number of hours used, which will be subtracted from any prepayment provided to Tutor. Tutor shall refund the remaining balance, if any, to Student. A termination does not terminate any amounts owed by Student to Tutor.
WAIVER 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.
This agreement constitutes the entire understanding between the parties with regard to the subject matter hereof 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.
The Student understands that tutorial lessons will be received from Lesson Tutors who are independently contracted to, and are not employees of, Tutor. As such, Student waives and forever releases Tutor from any claims or damages which may result from actions or events outside the scope of this agreement, including but not limited to injuries, emotional damages, physical harm, and all other consequential and special damages.
CHOICE OF LAW
Student agrees that the laws of Texas will govern the validity, interpretation, and effect of this Agreement, as well as any other disputes arising out of or relating to the contract between Student and Tutor.
JURISDICTION AND VENUE
Student and Tutor agree to have all disputes arising out of this Agreement resolved in the courts of Tarrant County, Texas. Tutor and Student hereby consent to jurisdiction in said court(s). The Tutor and Student hereby waive all questions of personal jurisdiction and venue of such courts, including, without limitation, the claim or defense that such court(s) constitute an inconvenient forum.
Where the Student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.
The tutoring hours in the student's tutoring package never expire.
You owe us absolutely nothing if you are not satisfied with your first tutoring session. We will assign another tutor to work with you at no extra cost. If you’re still not pleased with your tutor, we will refund you the full amount of your initial payment within one month.You get a 100% refund for your unused hours within 30 days after the discounted amount is subtracted from your initial payment.