TUTORING AGREEMENT

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March 6, 2023

TUTORING AGREEMENT

This Tutoring Agreement, hereinafter referred to as “Agreement”, is entered into and made effective as of __________________by and between the following parties DREAM BIG TUTORING (hereinafter “Tutor”) having a primary address at ____________________ AND _____________________ (hereinafter the Student’s Guardian) having a primary address at _______________________. Guardian will be contracting in this Agreement for tutoring services for the following minor child: ___________________________. Minor 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 Minor.

Client and Tutor may be referred to individually as “Party” and collectively as the “Parties”.

RECITALS:

WHEREAS, Client wishes to retain Tutor to provide Tutoring services;

WHEREAS, Tutor has the skills, qualification, and expertise required to provide the Tutoring Services to the Client;

WHEREAS, Tutor wishes to render such Tutoring Services to Client;

NOW, THEREFORE, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:

  1. TERM

The tutor will begin rendering Tutoring Services to Client beginning on ___________________ and ending on _______________________ at the location agreed on by the Parties.

  1. LOCATION AND SCHEDULE

Tutor will render the Tutoring Services at the following location: ___________________. The Schedule of tutoring lessons (Sessions’) shall be as follows: _______________

  1. FEES

The Client agrees to pay the Tutor the required fees monthly, Payment will be made on the first day of every month and is due on the first day of the month to Denise Baquiran- the sole proprietor of Dream Big Tutoring. However, the Client is allowed to make Payment by the 5th day of each month. Failure to make prompt payments will result in forfeiture of the learner’s position and tutoring services will be terminated. 

Any and all charged payable under this Agreement are exclusive of taxes, surcharges, or other amounts assessed by state or federal governments. Taxes imposed upon or required to be paid by Client or Tutor shall be the sole and exclusive responsibility of each, respectively. 

  1. CANCELLATION POLICY
    1. Cancelations by Tutor. Tutor may cancel sessions with Clients if conflicts arise. In such a case, 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.
    2. Cancelations by Client. Client shall be permitted to cancel sessions prior to 36-hours before the scheduled session. If Client cancels less than 36-hours prior, any payment made for that session is forfeited.
  2. LATE ARRIVALS

Client is expected to be on time and any late arrival by the Client will not toll the time of the session.

  1. INTELLECTUAL PROPERTY

Any intellectual property provided by the Client to the Tutor to assist in the provision of Tutoring Services shall belong to the Client. Any intellectual property belonging to the Tutor, provided or shown to the Client in any way shall belong to the Tutor.

  1. OBLIGATIONS

Tutor agrees to be fully prepared for each Session by reviewing any material prior provided by Client. Tutor shall keep all Client information confidential.

Client agrees to undertake the Work Tutor identifies, as well as to actively participate in each Session.

Tutor does not offer any promises or guarantees with regard to the Tutoring Services. Client hereby acknowledges and agrees:

  1. Client is solely and exclusively responsible for the choices that Client makes with regard to the Tutoring Services or any changes to Client’s  academic education, business, or life
  2. Client is solely responsible for any actions or inaction Client chooses to take;
  3. Tutor is not liable for any result or non-result or any consequences which may come about due to Client’s participation in the Tutoring Services.
  4. LIMITATION OF LIABILITY 

Except in cases of death or personal injury caused by either party’s negligence, either party’s liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be to limited to Fees paid by the Client to the Tutor.

To the extent lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs, or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business. 

  1. RELATIONSHIP OF THE PARTIES

The Parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, a joint venture, agency relationship or otherwise between the Parties and that this Agreement is for the sole and express purpose of the rendering of the specific Tutoring Services by the Tutor to the Client under the terms and conditions herein. 

  1. GENERAL PROVISIONS
    1. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of California and any applicable law. Both Parties agree to solve their disputes in good faith through mediation. 
    2. LANGUAGE. All communications made or notices given pursuant to this Agreement shall be made in the English language.
    3. ASSIGNMENT. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party. 
    4. AMENDMENTS. This Agreement may only be amended in writing and signed by both Parties.
    5. SEVERABILITY. If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
    6. FORCE MAJEURE. Tutor is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. 
    7. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral. 

IN WITNESS WHEREOF, the parties execute the agreement as follows: 

Tutor: 

Signature: _________________

Date: ___________________

Guardian, as legal guarding of minor______________________-

Signature: ___________________

Date: ____________________

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