Ivy Method Family Contract

IVY METHOD TUTORS

2804 Gateway Oaks Drive, Suite 100

Sacramento, CA 95833

www.ivymethodtutors.com

Tutoring Services Agreement

This Private Tutoring Services Agreement, hereinafter referred to as "Agreement," is entered into and made effective as of the date set forth at the end of this document by and between the following parties: 

Ivy Method Tutors ("Tutor"), having a primary address at the following:

2804 Gateway Oaks Drive, Suite 100

Sacramento, CA 95833

Email: info@ivymethodtutors.com

and 

(You must select phone number country.)

Guardian will be contracting in this Agreement for tutoring services for the following minor child ("Student"):

Student and Guardian will be collectively referred to throughout this Agreement as Client, but it is understood that all references to Client shall be taken to refer to Guardian's contractual representation of Student. Client and Tutor may be referred to individually as "Party" and collectively as the "Parties."

Article 1 - DEFINITIONS:

As used in this Agreement:

A) "Tutoring Services" shall be used to refer to the following specific tutoring services that the Tutor will provide to the Client under the terms and conditions set forth herein:

• Provide one-on-one tutoring to Student in the following subjects:

B) "Fees" shall be used to refer to the payment Client will pay Tutor for the rendering of the Services. The fees for tutoring services are $240 per hour. 

Article 2 - AGREEMENT:

Subject to the terms and conditions of this Agreement, Tutor hereby agrees to render Tutoring Services to Client, and Client agrees to pay Tutor the Fees required for the Tutoring Services.

Article 3 - LOCATION:

Tutor will render the Tutoring Services to Client online via video conferencing technology such as Zoom or Skype OR, upon Client’s completion of and compliance with Tutor’s Covid-19 protocols, waivers, and paperwork, in Client’s home. 

If in-home, Tutor may only render services in open common spaces within the home or yard premises (e.g. family rooms, kitchens, dining rooms, etc.). Tutor MAY NOT work with students in bedrooms. Interior doors must ALWAYS remain open during work sessions. Tutor may NEVER work alone with a student in a closed-door room.

A parent or guardian should be on premise where student is at all times during tutoring services. 

Driving: Tutor shall not, under any circumstances, be asked to transport a student. 

Article 4 - SCHEDULE:

The Parties will set dates and times of specific tutoring sessions ("Sessions") via verbal or written agreement. 

Article 5 - FEES & PAYMENT

Client agrees to pay Tutor the required Fees for the provision of Tutoring Services, subject to the following terms and conditions:

A) Payment shall be made within 24-hours of the completion of a tutoring session.  Payment may also be made in advance.

B) Method of Payment: Payment may be remitted via credit card, debit card, or direct transfer from a bank account. The following person is responsible for payment of fees: 

C) Penalties: If the Client does not pay the invoiced and required amount within 24-hours of receipt of invoice, Tutor shall be entitled to:

I) charge the full amount of invoice to the credit card on file in Client’s name; or

II) cease performance of Tutoring Services completely or until payment is made, at the Tutor's sole and exclusive discretion.

Article 6 - CANCELLATION POLICY:

Cancellations by Client: Any scheduled appointments with Tutor cancelled by Client within 24-hours of appointment will be invoiced in full, and Client agrees to pay such invoices within 24 hours of receipt. In the event that 3 or more cancellations occur just before the 24 hour mark, we reserve the right to extend the cancellation policy to 48 hours to each appointment with Tutor in order to protect our Tutors' time.

Cancellations by Tutor: Should Tutor cancel a Session with Client, Client shall be under no obligation to make payment. If Tutor cancels after payment has been made, payment will be applied to the rescheduled Session. Rescheduling shall be done at a time agreeable to both Parties. If such rescheduling is not possible, Client will be refunded the full amount.

Article 7 - LATE ARRIVALS AND CHANGE OF SCHEDULE

Fees are calculated according to the scheduled time agreed upon by the Tutor and Student. No adjustment to fees shall be made for time lost because of late arrival by Student or by early termination of session by Student. Student’s late arrival to any Session will not toll the time of the Session. In other words, Student is expected to be on time to each Session or forfeit the amount of time missed due to late arrival. If Tutor arrives late, Tutor shall compensate Client by extending a Session by mutual agreement and by such amount of time that was lost. The Tutor agrees to wait fifteen minutes from the time of the scheduled session for the Student's arrival before considering that session canceled without sufficient prior notice, and therefore subject to the terms set forth in Article 6, the Cancellation Policy.

In the event an assigned Tutor is no longer available to render tutoring services, Ivy Method Tutors will notify family and connect family with a new Tutor of identical expertise and communicate with all parties to foster an effective transition. 

Article 8 - OBLIGATIONS:

Obligations of the Tutor:

• Tutor undertakes to structure lessons in such a way as to optimize time to the benefit of the Student. 

• Tutor shall keep confidential all information of Student and shall contact other parties involved in the education of Student only if given written permission by the Client to do so. 

• Tutor shall not assign any of his/her duties or obligations under this tutoring contract to a third party without the written permission of the Client. 

• Tutor shall at no time be expected to, required or obliged to execute homework or assignments on behalf of the Student.

Obligations of the Student:

• Client undertakes to assist Tutor in identifying problem areas in which Student needs specific tutoring. 

• Client agrees to provide their own materials needed for each tutoring session (e. g. paper, pencil, etc.). 

• Client agrees that assignments, exercises or homework form an integral part of tutoring and agrees that Student shall undertake to complete such work in a timely manner.

No Guarantees: Tutor does not offer any promises or guarantees with regard to Student’s performance as a result of the Tutoring Services. 

Article 9 - TERMINATION:

This Agreement may be terminated: A) Without cause, by seven (7) days' prior written notice by either party; or B) With cause, immediately upon material breach of any term of this Agreement by either of Client or Tutor. 

Article 10 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.

Article 11 – INTEGRATION CLAUSE:

This Private Tutoring Services Agreement contains the entire agreement of the parties with respect to the subject matter of the agreement.  This agreement supersedes any prior agreements, understandings, or negotiations, whether written or oral.  This agreement can only be amended through a written document formally executed by all parties.

EXECUTION: