The following constitutes the Agreement between TUTORING FOR SUCCESS, INC. (hereinafter “TFS”) and Client.
I. DESCRIPTION OF SERVICES
Client hereby retains the services of TFS to locate and provide a qualified tutor for in-person tutoring at $90.00 per hour or $850 for 10 hours paid in advance and auto-renewed.
- As compensation for TFS’s services under this Agreement, above, Client agrees to pay TFS a one-time, non-refundable $50.00 set-up fee (per family) and each tutor’s hourly fee, as set forth in paragraph 1 above. The first payment and contract must be received before tutoring may begin. Cancellations must be made directly to the tutor by 8:30 am on the morning of the scheduled tutoring day, or Client will be billed for the missed session. If the student is not at home when the tutor arrives, the tutor will wait 15 minutes after the appointed time before leaving.
- Client understands and agrees that TFS shall be solely responsible for billing and collecting tutor’s fees and that during the period of this Agreement neither Client, nor anyone on Client’s behalf, shall independently pay a tutor provided by TFS for tutorial services or enter into any independent payment or tutorial agreements with any tutor provided by TFS.
III. SCHEDULING AND CONDUCT OF TUTORIAL SESSIONS.
Client understands and agrees that Client’s tutor shall be responsible for all aspects of such tutor’s tutoring services, including, but not limited to:
- Determining the manner and methods employed by tutor in conducting tutoring sessions, including selecting all books, materials, and other teaching aids used by tutor in conducting tutoring sessions;
- Scheduling all tutorial sessions, including the frequency and length of sessions, and determining any policies regarding make-up sessions or missed sessions;
- Arranging a mutually agreeable site, location, and facilities for tutor’s tutorial sessions;
- Determining when the tutor/student relationship shall terminate.
IV. TERMINATION OF AGREEMENT
- TFS shall have the immediate right to terminate this Agreement, in the sole determination of TFS, at any time, with or without cause and without any further obligation of TFS to perform under this Agreement.
- Client shall have the immediate right to terminate this Agreement, in the sole determination of Client, at any time. Upon such termination, except for the payment to TFS of any fees for tutoring services performed prior to the date of termination, Client shall have no further obligation to perform under this Agreement.
V. INDEPENDENT CONTRACTOR.
TFS is a referral agency on behalf of independent, individual tutors, each of whom is an independent contractor and not an employee, partner, or joint venture of or with TFS. Client shall not withhold on behalf of TFS any sums for income tax, unemployment insurance, and social security or any other withholding or benefit.
VI. INDEMNIFICATION AND RELEASE OF TFS
- Client understands and agrees that TFS will make every effort to refer qualified tutors who will make every effort to provide the best possible tutoring services tailored to fit Client’s needs, but that TFS makes no representations, warranties, or guarantees as to the outcome or success of the tutoring services to be provided by such tutor.
- Except in respect to acts of gross negligence on the part of TFS, its agents, employees, members, officers, successors and assigns, Client shall indemnify, release, and hold harmless TFS, its agents, employees, members, officers, successors and assigns, from and against any and all claims, loss, damage, injury, and liability, however caused, including reasonable attorney’s fees, resulting from or arising out of, wholly or in part, the performance of TFS’s services under this Agreement or occasioned wholly or in part by any act or omission of Client, Student, or any agent, employee, representative, or relative of Client and/or Student. The express obligation shall include without limitation all liability, damages, loss, claims, and actions on account of personal injury, death, or property loss or damage.
VII. MISCELLANEOUS PROVISIONS.
- This Agreement constitutes the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
- Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.
- Neither TFS nor Client may assign this Agreement or grant or convey any of the rights or obligations acquired pursuant to this Agreement to any other party.
- Any legal action brought to enforce any claim or right arising from the provisions of this agreement shall be brought in the court of appropriate jurisdiction in the County of Fairfax in the Commonwealth of Virginia and the law of the Commonwealth of Virginia shall govern. If any of the provisions of this Agreement shall contravene, or be invalid under, the laws of the Commonwealth of Virginia, such contravention or invalidity shall not invalidate the entire agreement, but it shall be construed as if not containing the particular provision or provisions held to be invalid, and the rights and obligations of the parties shall be construed and enforced accordingly.
- The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
- The parties hereto stipulate and agree that the rule of construction to the effect that any ambiguities are to be or may be resolved against the drafting party shall not be employed in the interpretation of this Agreement to favor any party against another.
- In the event TFS’s fees or costs are not paid when due, Client agrees to pay interest on all outstanding amounts of 1 1/2% per month (18% per year). (8) In the event that TFS files any legal action to enforce the provisions of this Agreement and is the successful party, Client shall pay to TFS, in addition to all the sums that Client may be called on to pay, a reasonable sum for TFS’s attorneys’ fees.