Tutoring Policy Terms and Conditions

PRICING AND BILLING

All Davidson Tutoring’s services and packages are prepaid and non-refundable, including any partial / deposit payments. The hours you purchase won’t ever expire and are transferable to any family members or friends. The client agrees to authorize Davidson Tutoring to charge the balance IN FULL for the selected service(s) and/or package(s) to the credit card provided, immediately upon signing up for our services and/or packages. Davidson tutoring cannot reserve or match a tutor with a student without payment in full. The client shall not pay the tutor directly. All payments from the client must be directed to and delivered to Davidson Tutoring. In addition, all client referrals must be directed to Davidson Tutoring before the tutor provides services to the referred client.

The billing cycle begins the 1st of each month and ends on the 30th or 31st of the same month. A billing statement is available to you upon request and will be delivered within 3 business days. All clients are required to keep a current, valid credit card on file at all times in order to receive or continue receiving services. Davidson Tutoring only accepts Visa or MasterCard. All payments for projected services in the billing cycle will be charged to your credit card at the beginning of each billing cycle. Payments must be paid in full prior to services being rendered for all projected services in the billing cycle. If the client requires more tutoring services beyond the projected amount in that billing cycle, payment is required in full before any more services are rendered in that billing cycle. Should you wish to dispute charges to your account, you must do so in writing within 10 business days of the disputed charge(s), otherwise the charge will stand and be considered correct and approved by the client.

SCHEDULING

All initial scheduling is conducted through Davidson Tutoring. Once you have been matched with a tutor, any subsequent scheduling is handled directly between you and the tutor. If you are unable to reach your tutor for any reason, please call or email Davidson Tutoring so that we may assist you in contacting them. It is your responsibility to communicate scheduling conflicts in advance. This includes school / legal / religious holidays and/or vacations.

CANCELLATIONS

Davidson Tutoring enforces an 8-hour cancellation policy for all scheduled tutoring sessions. You must give your tutor 8 hours advance notice to cancel or reschedule a session. Appointments cancelled less than 8 hours before the tutoring session will be billed a $60 late cancellation fee. If a tutor arrives at your home or at a predetermined meeting location and you do not arrive at all, this is considered a “No Show” and you will be billed at the full amount of the entire scheduled session.

RESCHEDULING

If after canceling in accordance with the above deadlines, your payment for that session will go towards a session on a later date. Clients are expected to notify the office of the cancellation and/or inability to reschedule in order for us to make the appropriate credits to your account. Alternatively, if after canceling in accordance with the above deadlines, the tutor is unable to re-schedule a mutually convenient time, the office will discuss alternative arrangements, which may include a substitute tutor if available. Even during holidays and vacations, Davidson Tutoring will assume you are expecting your tutor as regularly scheduled unless otherwise specified.

STUDENT LATE ARRIVAL

Clients/students are responsible for arriving on time to scheduled sessions (whether at home or at a predetermined meeting location). If no one is home or at the predetermined meeting location when the tutor arrives, the tutor is required to wait only 15 minutes before they leave. Late client/student arrival to a session impacts the duration of the session, as the tutor is only required to stay the remaining time in the scheduled session. Ex: The session is scheduled from 4-5pm. You arrive home at 4:10pm. The tutor is only required to give you the remaining 50 minutes – i.e. the tutor’s wait time will be counted as part of the tutoring time.

TUTOR LATE ARRIVAL

Tutors are required to call if they will be late for any reason. If the tutor is late for any reason, the tutor will give you the full time of the scheduled tutoring session from the time the tutor arrived.

PROGRAM PAYMENT

You must pay in full at the time of enrollment. If you have not paid in full by the first scheduled session, you authorize Davidson Tutoring to charge the course tuition to your payment method on file.

FEES

Additional fees may be charged depending on the service(s) and/or package(s) you purchase. An annual registration fee is required for all academic tutoring clients. This registration fee will be assessed at the time of enrollment and annually each year thereafter if academic tutoring services continue. A materials fee is required for each test prep package program purchased. If you lose your program materials, replacement books will not be provided for free. You may either purchase a replacement book from a 3rd party or purchase the materials from Davidson Tutoring. Any in-person tutoring session(s) that take place outside of Davidson Tutoring’s service area is subject to a driving fee per scheduled session and due at the time of enrollment.

TUTORING HOURS VS SESSIONS

Please note that session lengths are variable; the number of tutoring hours you have purchased does not necessarily correspond to the number of sessions you will have. Davidson Tutoring does not refund unused tutoring hours. There is a one-hour minimum on all tutoring/test prep sessions.

PAYMENT FOR ADDITIONAL TUTORING HOURS

Keep track of the number of hours you have purchased and used. If you complete more tutoring hours than the number for which you initially enrolled, you authorize Davidson Tutoring to charge your payment method on file for any additional hours you have used at the non-discounted applicable rate for the services. Without limiting the foregoing, additional tutoring hours will not be eligible for any discount, promotion or rebate. Speak regularly with your tutor throughout the tutorial so you know how many hours you have completed.

ADULT SUPERVISION

Please note that Davidson Tutoring tutors are not permitted to meet in person with a minor student in a private home unless a parent or guardian is present (on-site) during the entire session. If a tutor arrives for a session and such an adult is not present, the tutor will not be able to conduct the session. The session will be considered cancelled by the student without adequate notice, and you will be charged under our “No Show” cancellation policy because the session was effectively cancelled. If the parent or guardian leaves in the middle of a session, the tutor will also leave at that time, and you will be charged for the entire session. If tutoring is taking place in a room, the door must remain open and unlocked at all times. Tutors may also meet in-person with minor students in public locations, such as a library or coffee shop, when the parent or guardian is present. The adult supervision requirement does not apply to students who are eighteen (18) years or older.

TUTOR SATISFACTION GUARANTEE

We are committed to 100% client satisfaction. If for any reason you are not happy with the tutor we have matched with you, please contact Davidson Tutoring within 24 hours of the tutorial session. We will assign a new tutor and credit your account for the first hour of your first session with your original tutor. If you request a different tutor more than 24 hours after the tutorial session, the original session will be charged in full.

GUARANTEES

Davidson Tutoring does not guarantee increased scores or grades, as there are too many factors beyond our control. Any concerns about a session must be submitted via email within 24 hours of a session’s occurrence.

ARBITRATION & CLASS/COLLECTION ACTION WAIVER

Any and all disputes arising out of or relating to these Terms and Conditions, other than disputes relating to intellectual property infringement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable commercial rules of the American Arbitration Association (AAA) in accordance the Federal Arbitration Act (FAA). The arbitration shall be governed by and construed by federal law to the fullest extent possible. Unless otherwise agreed by the parties, the arbitration shall take place in Los Angeles, California. Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The applicable statute of limitations will apply to all claims raised in any arbitration demand. Failure to demand arbitration within the prescribed statutory limitation period shall result in waiver of said claims.

To the maximum extent permitted by law, should you wish to initiate an arbitration action against Davidson Tutoring, you will not assert class, collective, or representative action claims against Davidson Tutoring. The same applies to any arbitration action by Davidson Tutoring’s against you. Thus, you and Davidson Tutoring agree that each may submit only their own individual claims in arbitration and will not seek to represent the interest of any other person through a class, collective or representative action in court or arbitration or other forum. Further, unless both you and Davidson Tutoring agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over a representative or class proceeding.

LIMITATION OF LIABILITY

Davidson Tutoring will not be liable to you or to any other person for any indirect, consequential, punitive or special damages, of any character, whether in an action in contract, tort or otherwise, arising out of or in connection with your Davidson Tutoring program, even if Davidson Tutoring has been advised of the possibility of such damages. Unless this limitation of liability is prohibited by law, Davidson Tutoring’s total aggregate liability arising from or related to your Davidson Tutoring program will not exceed the amount you paid for your program.

NON-SOLICITATION AGREEMENT

By becoming a Davidson Tutoring customer, you agree that you will not solicit for employment, hire, or permit any organization directly or indirectly controlled by you to solicit for employment or hire any personnel of Davidson Tutoring at any time during the term of Davidson Tutoring’s provision of services to you and for a period of one (1) year thereafter. Any additional services or referrals desired must be requested through Davidson Tutoring by calling 818-345-3511 or emailing [email protected]

BREAKS

Any single tutoring sessions which meets for 3 consecutive hours or more must include a paid 10 minute rest break.

MISCELLANEOUS

These Terms and Conditions supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties. The agreement cannot be changed or modified orally. Davidson Tutoring reserves the right, in its sole discretion, without any obligations and without any notice requirement, to change, improve or correct the information, materials and descriptions included in this policy. If any provision of these Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of the Terms shall continue in full force and effect.

ACCEPTANCE OF THESE TERMS AND CONDITIONS

I understand that by checking the “I have read the Tutoring Policies” checkbox when finalizing my enrollment, I acknowledge that (1) I have read and that I agree to these tutoring policy terms and conditions, (2) I understand that Davidson Tutoring does not guarantee acceptance to any school or a passing score on any exam. You must be 18 years of age or older to accept these terms and conditions. If you are less than 18 years of age, you must have a parent or guardian accept on your behalf. Checking the “I have read the Tutoring Policies” checkbox is a representation from you that you are at least 18 years of age.