Tutoring Agreement

If the terms “We, Our, Us, WSBS or Tutor” are used below, it refers to Work Smart, Be Smart Tutroring LLC, and one of our trained tutors that are contracted by us to tutor.

If the terms “you or student” are used below, it refers to the student being tutors by WSBS Tutoring, and (if applicable) their legal guardians/parents.

CANCELLATION AND REFUND
The Student may cancel a prepaid session up to eight hours before the scheduled time for reasons of a family emergency or sickness and receive a refund or apply any pre‐payment to a future session. Lessons not attended for any other reason by the student without giving 24 hours prior notice to the Tutor shall be charged at the full rate with no refunds. If a WSBS Tutoring tutor cancels a session for any reason and at any time prior to the start of the session, we agree to refund the Student any pre‐payment for that session or to apply that payment to a future session that the Tutor and Student agree upon. There are no refunds after the first 2 sessions if a 6-hour package is purchased. There are no refunds after the first 3 sessions if an 8-hour package is purchased. 

LATE ARRIVAL AND CHANGE OF SCHEDULE
Fees are calculated according to the scheduled time agreed upon by the Tutor and Student.  No adjustment to fees shall be made for time lost because of late arrival by the Student or by early termination of the session by the Student.  Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson by mutual agreement and by such amount of time that was lost.  The Tutor agrees to wait fifteen minutes from the time of the scheduled session for the Student’s arrival before considering that session canceled without sufficient prior notice and therefore subject to the terms set forth in the CANCELLATION AND REFUND policy stated above.

OBLIGATIONS OF THE TUTOR

• The Tutor undertakes to do all preparation prior to lessons and to structure lessons in such a way as to optimize time to the benefit of the Student.
• The Tutor shall keep confidential all information of the Student and shall contact other parties involved in the education of the Student only if given written permission by the Student (or a Parent of the student if the student is under the age of 18) to do so.
• The Tutor shall not assign any of his/her duties or obligations under this tutoring contract to a third party without the written permission of the Student (or a Parent of the student if the student is under the age of 18).
• The Tutor shall at no time be required or obliged to execute homework or assignments on behalf of the Student.

OBLIGATIONS OF THE STUDENT

• The Student undertakes to assist the Tutor in identifying problem areas in which the Student needs specific tutoring.
• The Student agrees to provide their own materials needed for each tutoring session (E. g. paper, pencil, etc.).
• The Student agrees that assignments, exercises, or homework form an integral part of tutoring and undertakes to complete such work timeously.

NO WARRANTIES
The Tutor makes no promises or warranties with regards to a Student’s performance as a result of any tutoring provided.

STATUS OF THE TUTOR
It is expressly understood that the Student retains the services of the Tutor as an independent contractor and not as an employee. The Tutor shall be responsible for his/her insurance and for all statutory declarations and contributions with regard to income tax.

TERMINATION
This tutoring contract may be terminated by either party at any time by giving the other party seven days prior written notice. At which time, if any refunds are eligible, WSBS Tutoring will refund to the client at that time.

RELAXATION OF TERMS
No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.

WHOLE AGREEMENT
This agreement constitutes the entire understanding between the 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. Any alteration to this agreement must be in writing and signed by both parties.

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.