I understand that the terms and conditions below (“the Terms”) are intended to be the entire, final, complete, and exclusive agreement between myself, my child and Ashley Tutors, L.L.C. and supersedes all agreements and statements, whether oral or written, between myself, my child and Ashley Tutors, L.L.C. with respect to the matters set forth herein. I understand that no modification or change of these Terms shall be valid unless the same is in writing and signed by the party against which the enforcement thereof is or may be sought.
I understand that Ashley Tutors, L.L.C. is in the business of providing tutoring services to students in a wide variety of subject areas. I understand that I am hiring Ashley Tutors, L.L.C. to provide my child with tutoring services. This engagement shall continue and Ashley Tutors, L.L.C. shall continue to provide my child with tutoring services until such time as I provide Ashley Tutors, L.L.C. with written notice of my desire to terminate the engagement which I can terminate for any reason whatsoever. I understand that although Ashley Tutors, L.L.C. is providing a service to my child, I am the actual client of Ashley Tutors, L.L.C. and I am ultimately responsible for payment of all services provided by Ashley Tutors, L.L.C. Furthermore, I understand that my child can make appointments directly with Ashley Tutors, L.L.C. and/or its’ tutors and I shall be responsible for the charges associated with all tutoring sessions.
I authorize Ashley Tutors, L.L.C. to charge my credit card for tutoring services at the rate of $75.00 per hour or the specified rate according to the package I purchase through Ashley Tutors. I realize that these hourly payments will be charged to my card automatically on the 3rd (third) and 17th (seventeen) of each month, and that I will receive an invoice by email summarizing the charges. If I choose to purchase a package, I realize that the package purchase amount will be charged to my card immediately and those hours purchased will be added to my Ashley Tutors account. I understand that my credit card will only be charged in the event that Ashley Tutors, L.L.C. provided tutoring services during the preceding billing cycle. I authorize Ashley Tutors to charge me a 20 percent late fee for each seven day period past the invoice due date in which I fail to pay. All credit cards are protected by a 128 SSL Encryption as well as double password protected in the Ashley Tutors, L.L.C. payment system. Ashley Tutors uses industry standards with regard to both physical and digital security.
I understand that in the event that my child or I want to cancel or reschedule an appointment, it is my responsibility to notify Ashley Tutors, L.L.C. of this no later than twenty-four (24) hours before the scheduled appointment. I understand that in the event that a tutor arrives at the location of the scheduled appointment and nobody is present, the tutor will attempt to contact both the student and parent. If the tutor cannot reach anyone, the tutor will wait at least ten (10) minutes past the scheduled time before leaving. I understand that I will be charged for the full session regardless of the circumstances that led to the no-show.
In the event that I wish to refer Ashley Tutors, L.L.C. or one of its’ tutors to another individual or family, I agree to either provide said individual or family with the contact information of Ashley Tutors, L.L.C. or provide the potential client information to Ashley Tutors, L.L.C. directly. I will not refer a potential client directly to a tutor.
I understand that Ashley Tutors, L.L.C. does not and cannot make me any guarantees or assurances with regard to my child’s academic performance. I understand that Ashley Tutors, L.L.C. cannot assure me that my child’s grades will improve and, in the event that my child’s academic performance remains the same or deteriorates, I will in no way hold Ashley Tutors, L.L.C. responsible. Notwithstanding, in the event that a tutor assigned to my child by Ashley Tutors, L.L.C. cannot meet my child’s needs in any way or for any reason, I will promptly notify Ashley Tutors, L.L.C. and Ashley Tutors, L.L.C. will assign my child a different tutor upon request.
I understand that Ashley Tutors, L.L.C. encourages its tutors to treat me and my child professionally, responsibly, and with respect and that all tutors assigned tome by Ashley Tutors, L.L.C. are required to comply with all laws, ethical codes and company policies, procedures, rules or regulations, including those forbidding sexual harassment, discrimination, and unfair business practices. Notwithstanding, I understand that the tutors assigned to my child by Ashley Tutors, L.L.C. are Independent Contractors and not employees of Ashley Tutors, L.L.C. and, as such, our tutors shall be solely and independently responsible for any improper or illegal conduct. In the event that a tutor assigned to me by Ashley Tutors, L.L.C. acts, in any way, improperly or illegally while in my home, I will promptly notify Ashley Tutors, L.L.C. of the improper or illegal conduct and Ashley Tutors, L.L.C. will promptly assign my child a new tutor. Furthermore, I understand that all discussions regarding the performance of the tutor or my child’s progress should be discussed directly with Ashley Tutors, L.L.C. since the tutor may sometimes fail to relay important information to Ashley Tutors, L.L.C. I agree to defend, indemnify, hold harmless, and insure Ashley Tutors, L.L.C. from any and all liabilities, claims, lawsuits, damages or expenses resulting from, arising out of or in connection with the services rendered by tutors under these Terms or the tutor’s negligence or misconduct which is caused by the acts of the tutor.
I understand that if any provision of these Terms is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
I understand and agree that these Terms shall be governed by, and construed in accordance with, the laws of the District of Columbia without giving effect to conflict of law principles. I agree that any dispute which may arise between myself and Ashley Tutors, L.L.C. arising out of or in connection with these Terms shall be adjudicated before a court located in the District of Columbia, and I hereby submit to the exclusive jurisdiction of the courts of the District of Columbia and of the federal courts in the District of Columbia.
I understand that no waiver, by conduct or otherwise, by Ashley Tutors, L.L.C. of any term, provision, or condition of these Terms shall be deemed or construed as a further or continuing waiver of any such term, provision, or condition nor as a waiver of a similar or dissimilar condition or provision at the same time or at any prior or subsequent time.
I understand that the rights under these Terms, or by law or equity, shall be cumulative and may be exercised at any time and from time to time. I understand that no failure by Ashley Tutors, L.L.C. to exercise, and no delay in exercising, any rights shall be construed or deemed to be a waiver thereof, nor shall anysingle or partial exercise by any party preclude any other or future exercise of any other right.
I understand that whenever these Terms states that I should notify “Ashley Tutors, L.L.C.”, this notice must be given, in writing, directly to Josh Chernikoff at 2303 14th St. NW, #524, Washington, DC 20009.
In the event that it shall become necessary for Ashley Tutors to retain the services of an attorney to enforce the provisions of these Terms and engagement, either through an action for specific performance or for damages, the prevailing party shall be entitled to collect the costs of any legal proceedings and reasonable attorney’s fees, including appellate proceedings, in addition to all damages sustained by the prevailing party and any other relief to which such party maybe entitled.