TUTORING TERMS & CONDITIONS BERKELEY TUTORING COALITION

THIS AGREEMENT is made effective as of the date of purchase invoice. BETWEEN: AGENCY: Berkeley Tutoring Coalition 2029 Durant Avenue, Berkeley, CA 94704 www.BerkeleyTC.com (510) 363-5567 customerservice@berkeleytc.com and CLIENT WHEREAS, Agency is engaged in the business of providing tutoring and lessons in various subjects; AND WHEREAS, Agency is an experienced and qualified provider of educational services. IN CONSIDERATION of the mutual promises and agreements contained in this Contract, Client hires Agency, and Agency agrees to provide tutors and tutoring services to Client, on the following terms and conditions: 1. Fees

NOTE: Fees shall be charged on a per student basis. 1.1 Client shall pay Agency a fee pertaining to the One-on-One or Class Boosters purchases. Agency shall provide Client with a minimum of thirty (30) days written notice of any change in the hourly, package or class rates. Any study materials required for the tutoring sessions shall be purchased by Client and are not included in the regular tutoring fees. Payments Payment is due in full before the first session begins for One-on-One and Class Boosters. If Client does not make a full payment on or before the first tutoring session, all future scheduled tutoring sessions shall be suspended until full payment is received. Payments shall be made by check, money order or credit card. All payments shall be made to Agency either online or in person at or before the first tutoring session. All checks or money orders shall be made payable to Berkeley Tutoring Coalition. Refund No refund shall be granted for any prepaid packages. Special arrangements in place of refund shall be made to accommodate the Client. Full refund will be granted under the circumstance that the service(s) requested is currently not offered by BTC. In the event that the Client information provided by the Client to PayPal or BTC is inaccurate preceding the issuance of the refund, all charges incurred by BTC in providing a new refund will be deducted accordingly from the total refund amount.

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-24. 4.1 Late Arrival Any student who arrives late for a scheduled One-on-One or Class Boosters tutoring session will not receive an extended session for the time lost. Regardless of what time the student arrived for tutoring, the session will end at the regularly scheduled time. Cancellation / Rescheduling of Sessions Should Client wish to cancel with Agency altogether, for any reason, within 48 (Forty-eight) hours of purchase, a 10% processing fee will be deducted from the refund of One-on-One sessions/packages or Class Boosters. Should Client wish to cancel with Agency altogether, for any reason, within 24 (twenty-four) hours of purchase, a 50% fee will be deducted from the refund of One-on-One sessions/packages or Class Boosters. Should Client cancel with Agency altogether less than 24 (twenty-four) hours of purchase, no refund will be given for any sessions/packages that have been already paid for, unless proof of extraordinary circumstances is provided. Should Client wish to cancel a One-on-One tutoring session, for any reason, Client must give Agency a minimum of 36 (thirty-six) hours notice. The cancelled session will then be rescheduled. Should Client cancel a One-on-One tutoring session less than 36 (thirty-six) hours before the scheduled session, that session will not be refunded. The cancelled session may be rescheduled if timing permits it, at Agencys sole discretion. All reserved One-on-One tutoring sessions that have been paid for by the Client must be used within their respective timeframes starting from the first scheduled session (ex: 10 hours of TwoWeek package must be used within the 2 weeks from the onset of the first session). No unused tutoring sessions can be transferred, rescheduled, or credited to the Client. Rescheduling for Class Boosters is not permitted. If Client misses a Class Boosters session, that session will not be rescheduled or refunded. Agency reserves the right to postpone or reschedule Class Boosters before the initial Class Boosters session. Agency reserves the right to postpone or reschedule a tutoring session in the event of extraordinary weather conditions, unexpected illness of the tutor(s), or other health or safety emergencies. Any rescheduled session(s) shall occur as soon as conveniently possible. Termination Should the student miss more than 2 (two) One-on-One tutoring sessions in a row, without providing Agency with sufficient prior notice, this Agreement shall be terminated. In the event of such termination, no refund shall be given to Client for any remaining sessions that have already been paid for. The Agency shall terminate this Agreement by providing the Client with 3 (three) days written notice. Such notice shall be delivered in person or sent by mail or email to the addresses provided by the Client. Indemnification Client shall indemnify and hold Agency harmless for any academic results that do not satisfy Clients expectations. Agency does not make any guarantees regarding the level of academic improvement the student will achieve. Ultimately, it is the students responsibility to invest the time and effort needed to achieve academic goals.

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-37.2 8. 8.1 8.2 8.3 8.4 8.5 8.6 9. 9.1 9.2 9.3 9.4 9.5 9.6 9.7 10. 10.1 Client shall indemnify and hold Agency harmless for any damages, personal injury, property damage or monetary loss incurred while being tutored. Students Responsibilities The student will adhere to the tutoring schedule set forth by the tutor and tutee. The student will make every effort to arrive on time for each scheduled tutoring session. The student will come to each tutoring session with the appropriate and necessary books, notebooks, writing utensils, and syllabus. The student will read and make their best effort to complete any materials and homework assigned at the last session before arriving at the current session. The student shall participate actively in each tutoring session by asking questions and sharing information with the tutor. The student shall be courteous and respectful to the tutor. Tutors Responsibilities The tutor will adhere to the tutoring schedule set forth by the tutor and tutee. The tutor will make every effort to arrive on time for each scheduled tutoring session. The tutor will complete any necessary reading and preparation before each tutoring session. The tutor shall bring any necessary forms or assignments to each tutoring session. The tutor shall NOT complete the students homework or assignments for them. The tutor shall provide a supportive and encouraging learning environment. The tutor shall be courteous and respectful to the student. General Provisions This Agreement constitutes the entire agreement, whether written or verbal, between the parties with respect to the subject matter hereof, and shall not be supplemented, modified, or amended except in writing by both parties. No waiver of any provision of this Agreement shall be deemed a waiver of any other provision. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable, in whole or in part, for any reason, the remainder of the provisions of this Agreement shall remain in full force and effect, and shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party. This Agreement shall be governed by and construed in accordance with the laws of California. Any legal actions, claims, or demands shall be handled in a court of competent jurisdiction within Alameda County.

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-411. Tutor Independent Contractor of Agency

The tutor is an Independent Contractor of Agency, and Agency shall be solely responsible for paying the tutor and for making all payroll deductions and remittances required by law or by any governmental or taxing authority. Nothing contained in this Agreement shall give rise to an employer-employee relationship between Client and the tutor. By or on behalf of CLIENT By or on behalf of BERKELEY TUTORING COALITION