Terms and Conditions
By booking with Math Counselor LLC, clients acknowledge and agree that they are entering into a binding contractual agreement and thereby consent to abide by the following terms and conditions:
OBLIGATIONS OF THE TUTOR
“Tutor” means Kelly Coultas, or her designated employees or agents, who will provide educational services to the Student as detailed in this Agreement.
The Tutor will provide educational services (e.g. teaching, tutoring, mentoring, coaching, etc. hereinafter collectively referred to as “Activities”).
The Tutor will structure sessions in such a way as to optimize time to the benefit of the Student.
The Tutor shall not assign any of their duties or obligations to a third party without the written permission of the Student (or their Parent/Guardian).
The Tutor agrees to be respectful to the Student and Parent/Guardian and to behave in a respectful manner at all times.
The Tutor reserves the right to withdraw their services for any future sessions for any reason.
OBLIGATIONS OF THE PARENT/GUARDIAN WHEN THE STUDENT IS A MINOR
Where the Student is under 18 years of age, the Parent/Guardian shall agree to these terms and conditions on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.
Parents/Guardians are welcome to attend the tutoring sessions if they wish, however, they may not interrupt the session in any way. Parents/Guardians may not bring any additional children to the tutoring session.
Parents/Guardians are also welcome to leave during the sessions. If the session is in-person, they agree to pick up their Student promptly at the end of the session. If the Parent/Guardian does not arrive at or before the scheduled end time of the session, they will be charged a fee of $1/minute.
Parents/Guardians agree to be respectful to the Tutor and to behave in a respectful manner at all times.
OBLIGATIONS OF THE STUDENT
The Student will assist the Tutor in identifying problem areas in which the Student needs specific tutoring and/or mentoring.
The Student agrees to provide their own materials needed for each session (e. g. paper, pencil, calculator, required technology if the session is online, etc.).
The Student agrees to participate in and to cooperate with the Activities and services provided and, further, it is necessary for the Student to be respectful to the Tutor and to behave in a respectful manner at all times.
If the Student is disrespectful, uncooperative, or fails to participate, the Tutor will attempt to re-engage and redirect the Student in a safe manner to attempt to correct the behaviors exhibited by the Student. No form of corporal punishment will ever be used under any circumstances.
The Student is responsible to eliminate/reduce outside distractions during the session (e.g. cell phone, social media, texting, etc.). If the Student has a cell phone with them, they will be asked to silence it and put it out of reach for the duration of the session.
In the event of two (2) sessions without proper Student behavior, the Tutor expressly reserves the right to withdraw their services for any future sessions.
VIDEO AND AUDIO RECORDING
For the safety of both Student and Tutor, each tutoring session will be recorded using both video and audio. This footage is only used for professional documentation and will be kept strictly confidential. These recordings are put in place to protect the integrity of the Tutor/Student relationship and to keep both parties safe. Both in-person and online sessions will be recorded.
Video and audio recordings will be stored in an encrypted, cloud-based storage service.
PAYMENT AND BOOKING
Customers of Math Counselor LLC must make full payment at the time of booking. Online payment at mathcounselor.com via debit card, credit card, or PayPal is preferred.
Bookings must be made at least 24 hours before the start time of the session.
Payments and session bookings must be made by Student of at least 18 years of age or the Parent/Guardian if the Student is a minor.
The subject, duration, and price of each tutoring session is stated on mathcounselor.com.
Once payment is made, it becomes the sole property of the Tutor.
CANCELATION AND RESCHEDULING
If the Student/Parent/Guardian needs to cancel or reschedule a tutoring session, they must do so at least 12 hours before the scheduled time. In the event of a cancelation at least 12 hours before the scheduled time, the Tutor will provide a refund equal the amount received for pre-payment of the session.
If the Student/Parent/Guardian does not cancel or reschedule a tutoring session at least 12 hours before the scheduled time, they will be charged the full amount for the session. No refunds will be given, and the session will not be rescheduled.
It is mutually understood between the parties that if an absence is due to emergency circumstances (e.g. natural disaster, medical emergency, power outage, dangerous weather, car accident, etc.) the existing session shall be rescheduled and no discount and/or fees shall apply.
If the Tutor cancels a session for any reason and at any time prior to the start of the session, the Tutor agrees to apply that payment to a future session that the Tutor and Student/Parent/Guardian agree upon.
LATE ARRIVAL AND EARLY DEPARTURE
No adjustment to fees shall be made for time lost because of late arrival by the Student or by early termination of a session by the Student.
The Tutor agrees to wait fifteen minutes from the start time of the scheduled session for the Student's arrival before considering that session canceled without sufficient prior notice.
The Tutor will not begin a session before the scheduled start time, or stay after the scheduled end time.
WARRANTY DISCLAIMER
The Tutoring Service provides tutoring and related services to the Student with the aim of assisting the Student's learning and academic development. However, the Tutoring Service makes no guarantees or warranties of any kind concerning the effectiveness of tutoring or that the Student will achieve any specific academic outcome, grade, test score, or other measure of academic achievement or progress as a result of the tutoring services.
The Tutoring Service disclaims any implied or express warranties that the tutoring services will result in the Student attaining any particular grade point average, class grade, standardized test score, or other academic benchmark. The Student's academic results depend on many factors beyond the Tutoring Service's control, including the Student's own effort, abilities, circumstances, and responsiveness to instruction.
No refunds, credits, or any other remedies will be provided by the Tutoring Service based on the Student's academic results or dissatisfaction with academic outcomes resulting from the tutoring services. The fees paid for tutoring services are solely in consideration for the time and effort expended by the Tutoring Service and are not contingent on any particular academic result.
In no event shall the Tutoring Service be liable to the Student or any third party for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages arising from the Student's academic performance or the effectiveness of the tutoring services.
STATUS OF THE TUTOR
It is expressly understood that the Student/Parent/Guardian retains the services of the Tutor as an independent contractor and not as an employee.
PRIVACY
Math Counselor LLC does not collect any personal information unless it is voluntarily provided by the customer.
Math Counselor LLC does not sell, rent, or lease its customer lists.
WAIVER OF LIABILITY
The Student, and/or Student’s Parent/Guardian on Student’s behalf, (hereinafter “Participant”) acknowledges and accepts that there are certain risks, known or unknown, including property damage, bodily injury or death, that could result from participation in the Activities (collectively "Risks"). The Participant knowingly and voluntarily assumes all Risks associated with participation in the Activities.
The Participant hereby forever waives, releases, covenants not to sue, and discharges the Math Counselor LLC (hereinafter referred to as “Organization”) and its members, employees, volunteers, agents, contractors, and representatives (collectively "Releasees") from any and all liability, claims, causes of action, damages, costs, and expenses (including attorneys' fees) arising out of or relating to the Risks, the Participant's participation in the Activities, or the Releasees’ negligence (excepting Releasees’ gross negligence or willful and wanton misconduct), whether known or unknown at the time of signing this waiver (collectively "Claims").
The Participant shall defend, indemnify, and hold harmless the Releasees from and against any Claims made or incurred by the Participant or any third party arising directly or indirectly out of or relating to the Participant's participation in the Activities.
The Participant agrees and acknowledges that participation in the Activities and use of the Organization's premises and facilities may expose the Participant to both known and unanticipated risks and dangers. The Participant expressly assumes full responsibility for all risks of bodily injury, death, or property damage caused by the negligence of Releasees while the Participant is participating in the Activities on the premises.
TERM AND SCOPE OF WAIVER OF LIABILITY
This waiver shall be effective for a period of one (1) calendar year from the date of signing.
This waiver shall apply to all Activities, events, services, and use of facilities either provided by or endorsed by the Organization. The provisions of this waiver shall apply regardless of location.
This waiver shall be binding upon the Participant's heirs, personal representatives, and assigns.
This waiver shall be governed by the laws of Indiana. Exclusive jurisdiction and venue for any dispute shall be in Clark County, Indiana.
ARBITRATION AGREEMENT
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Jeffersonville, Indiana.
Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings, as well as all evidence and the arbitration award shall be maintained by the parties as strictly confidential, except as is required by law.
The arbitrator shall have the authority to award any remedy or relief that a court of the State of Indiana could order or grant, including, without limitation, specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. The arbitrator shall apply the substantive law of the State of Indiana in deciding the dispute.
The parties shall share equally all costs and fees charged by the arbitrator. However, the arbitrator shall have the authority to award costs and attorneys’ fees to the prevailing party.
WHOLE AGREEMENT
This constitutes the entire understanding between all 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.
SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. The invalid or unenforceable provision will be modified to fulfill as closely as possible the original intent of the parties in a valid and enforceable manner to achieve the same economic effect.
If the modification contemplated in the preceding paragraph is impossible, the invalid or unenforceable provision will be severed from this Agreement. In either case, the validity and enforceability of the remaining provisions of this Agreement will not be affected or impaired in any way.
The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest lawful extent under this Agreement, the economic, business, and other purposes of the invalid or unenforceable provision.