Terms & Conditions
FEES PAYABLE TO TETON TUTORS LLC
The Parent/Guardian will pay Teton Tutors the quoted Fee as communicated through email, text, phone, or prior and more extensive contracts.
No changes to the Fee may be made by anyone other than the parties listed in this Contract.
Any changes to the Fee must be made ahead of time by the written agreement of all parties listed herein.
The Parent/Guardian shall not negotiate a different Fee with the tutor.
Parent/Guardian will receive an invoice totaling the number of hours worked at the end of each month.
Invoiced Fees will be due fifteen (15) days after being sent.
TUTOR RESPONSIBILITIES
The tutor will prepare prior to lessons and structure lessons in such a way as to optimize time to the benefit of the student.
The tutor will encourage and respect the individuality of each student’s unique learning style while challenging him/her to continue to learn in new ways.
The tutor will regularly consult with the Parent/Guardian to discuss the student’s progress.
The tutor will consult the student’s prior schoolwork, standards achieved, and test scores to determine the best path for success.
The tutor will consult with the student’s prior teachers and tutors to determine the best path for success.
Any lost time because of the tutor’s late arrival will be compensated for by extending or rescheduling a lesson by mutual agreement and by such amount of time that was lost. Any time lost from the initially scheduled time will not be charged. All time made up by the tutor due to late arrival will not be charged. Tutors will not be paid for lost time or made-up time due to their late arrival.
Cancellations due to illness or emergency will be communicated as early as possible, will not be charged to the client, and will not have to be made up.
PARENT/GUARDIAN RESPONSIBILITIES
The signer of this Contract warrants they are a parent and/or legal guardian of the student and that they have the lawful authority to enter this Contract on behalf of the student.
Parent/Guardian will ensure their child attends tutoring sessions on time.
Parent/Guardian will ensure their child completes their weekly scheduled work.
Parent/Guardian will notify the tutor of pending schedule changes, such as trips, at least two weeks in advance.
Parent/Guardian will notify the tutor of cancellations or schedule changes due to emergency or sickness as early as possible.
No adjustment shall be made for time lost because of late arrival by the student or cancellation of services without following Teton Tutors’ Rescheduling and Tardy policy.
Requests for additional working hours through telephone, text message, email, calendar invite, or verbally will be considered binding and subject to Teton Tutors’ Rescheduling and Tardy policy.
Parent/Guardian has the sole responsibility to ensure that the student and tutor are meeting at a location that is safe, supervised, and suitable for tutoring services.
Parent/Guardian shall immediately notify Teton Tutors if the Parent/Guardian has any concerns about the services, actions, or suitability of the tutor.
STUDENT RESPONSIBILITIES
The student will come to tutoring sessions on time and ready to learn.
The student will respect the tutor and listen to the tutor while they are instructing.
The student will ask questions when they do not understand.
The student will pay attention during all tutoring lessons.
The student will complete their weekly work.
The student will bring the appropriate school supplies to each session.
The student will arrive to sessions well-fed and well-rested in order to maximize their time with the tutor.
RESCHEDULING AND TARDY POLICY
Rescheduling made within 24 hours of the scheduled session will be considered a no-show and charged in full.
Time lost due to tardiness on the part of the student or Parent/Guardian, and not communicated at least 24 hours ahead of time, will be charged in full to the client.
No-shows or cancellations within 24 hours of the scheduled session will be charged in full, and tutors will be paid in full.
OTHER CONSIDERATIONS
Clients and Tutors may extend their time based on mutual agreement for additional fees based on the same hourly rate.
Terms listed in previous contracts remain binding unless specifically amended herein.
This Contract shall be governed by the laws of the State of Wyoming, and the Ninth Judicial District Courts of Teton County, Wyoming, shall be the exclusive jurisdiction and venue for any disputes arising out of or related to this Contract.
NO WARRANTIES
Teton Tutors and all Subcontracted Tutors make no promises or warranties with regard to a student's performance as a result of any tutoring provided.
TERMINATION
Teton Tutors may terminate this contract at any time with immediate effect for any reason.
MINORS
Where the student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the student and shall accept and agree to all the terms and conditions contained herein on behalf of the student.
COVID-19
Teton Tutors recognizes and appreciates the real threat of COVID-19. Teton Tutors believes in mitigating the risk of transmission while balancing that risk with effective youth enrichment.
Your family's choice to engage in youth enrichment with Teton Tutors, with regard to possibilities of infection or transmission of Covid-19, is at your own risk.
Teton Tutors and our Subcontracted Tutors are committed to working with your family to respect your social distancing preferences and are happy to modify our teaching methods to keep you comfortable, happy, and safe. These may include working outside, wearing masks at all times, tutoring remotely, or any other number of options. These preferences must be communicated to Teton Tutors ahead of time.
Parent/Guardian commits to communicating with Teton Tutors and Subcontracted Tutors regarding their personal preferences regarding social distancing, quarantining, and mask-wearing during Teton Tutors’ services.
Parent/Guardian releases Teton Tutors and its agents, owners, officers, trustees, representatives, and Subcontracted Tutors (in their official and individual capacities) from any liability with respect to COVID-19.
PARENT/GUARDIAN LIABILITY WAIVER AND RELEASE
I, the Parent/Guardian, hereby acknowledge and accept that Teton Tutors contracts with independent Subcontracted Tutors, that Teton Tutors has no respondent superior liability or any other liability for the actions of a Subcontracted Tutor, and that I knowingly and voluntarily waive and release Teton Tutors from any and all liability for the harms, damages, losses, and injuries caused to any person by a Subcontracted Tutor, Owner, Employee or person acting on behalf of Teton Tutors.
I, individually, and on behalf of my spouse, minor child(ren), and our respective heirs, successors, assigns, and personal representatives, hereby release, waive, acquit, and forever discharge Teton Tutors and its agents, owners, officers, trustees and representatives (in their official and individual capacities) from any and all liability whatsoever for any and all damages, losses, or injuries, including death, mental anguish or emotional distress to my child and/or property, including but not limited to any claims, demands, actions, causes of action, damages, costs, expenses (including hospital and medical expenses) and attorneys’ fees, which arise out of, occur during, result from, or relate to the tutoring services, or the acts, errors, omissions of Subcontracted Tutors, including travel to and from locations, and including without limitation, any loss, claim, demand or suit that my child might assert once he/she attains the age of majority.
In addition to immediately contacting the Parent/Guardian and “Emergency Contact Person” as listed on the initial application, in the event of a medical emergency, I give unlimited permission to Teton Tutors and its Subcontracted Tutors to call 911 and/or administer appropriate primary medical attention to my child/children in the event of any accident, illness, or injury, as needed. I will be responsible for any and all costs of medical coverage and treatment not covered by my personal insurance. I acknowledge and signify that I have read and understand this waiver and I sign it voluntarily. I acknowledge that I am the Parent/Guardian for the student listed on this form and have completed this form for adequate and comprehensive considerations entirely intending to be bound by same.
I, individually, and on behalf of my spouse, minor child(ren), and our respective heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend and hold harmless Teton Tutors and its agents, owners, officers, trustees and representatives (in their official and individual capacities) from any and all liability, loss or damage they or any of them incur or sustain as a result of any claims, demands, actions, causes of action judgments, costs or expenses, including attorneys’ fees, which result from or relate to the tutoring services, or the acts, errors, or omissions of Subcontracted Tutors, or the enforcement of this Contract.
I hereby acknowledge and accept that there are certain risks, known and unknown, including bodily injury and death that could result from my child’s involvement with the tutoring services. I have knowingly and voluntarily decided to assume the risks of these inherent dangers in consideration of Teton Tutors’ permission to allow my minor child to participate in the aforementioned program. I, individually and on behalf of my minor child, hereby release and discharge Teton Tutors, and its agents, owners, officers, trustees and representatives (in their official and individual capacities) from any and all negligence, including Teton Tutors’ own negligence, in connection with my child’s attendance at, or participation in the program, including travel to and from locations, except for gross negligence or willful and wanton misconduct on the part of Teton Tutors.
In signing this Parent/Guardian Liability Waiver and Release, I hereby acknowledge and represent that I have read this entire document, that I understand its terms and provisions, that I understand it affects my legal rights and those of my child (or children), that it is a binding contract, and that I have signed it knowingly and voluntarily.
I agree that this Parent/Guardian Liability Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Wyoming. In the event that any provision contained within this Parent/Guardian Liability Waiver and Release shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this Contract shall be determined to be unlawful or otherwise unenforceable, the remainder of this Contract shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this Contract is invalid or unenforceable, and that by limiting said provision this Contract would become valid and enforceable, then said provision shall be limited to give full effect to the intent of this Contract.
All terms of this Parent/Guardian Liability Waiver and Release shall survive termination of the tutoring services and the termination of any other contract entered between Teton Tutors and the Parent/Guardian.
INTELLECTUAL PROPERTY
All right, title and interest in services provided by Teton Tutors, Garrett Austen, subcontracted tutors, and agents of Teton Tutors, including technology and trade secrets embodied therein and any content or developments created or provided in connection with or related to the services, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Teton Tutors and Garrett Austen, and you shall have no rights whatsoever in any of the foregoing.
You acknowledge that the Service constitutes a valuable trade secret and/or is the confidential information of Teton Tutors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in any content created by Teton Tutors, in whole or in part. All content and materials included as part of the service, such as text, graphics, organizers, media, outlines, worksheets, audio clips, information, data, forms, photographs, graphs, videos, automated systems, organizational structures, and other material, and software (hereby known as “The Works”) are the property of Teton Tutors or its content suppliers.
You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited.
You understand and acknowledge that unauthorized disclosure, use or copying of the products and services provided pursuant to this Agreement may constitute breach of this Agreement may be in equity by way of injunctive or other equitable relief.