Private Tutoring Agreement
State of Maryland

This Private Tutoring Agreement is entered into and made effective as of the date set forth at the end of this document by and between the following parties:

Breakthrough Test Prep ("Tutor”),
having a primary address at
11700 Charen Lane, Potomac MD 20854

and

The Undersigned (“Guardian”)
Guardian will be contracting in this Agreement
for tutoring services for the minor child.

Minor and Guardian will be collectively referred to throughout this Agreement as Client, but it is understood that all references to Client shall be taken to refer to Guardian's contractual representation of Minor. Client and Tutor may be referred to individually as "Party” and collectively as the "Parties."

RECITALS:

WHEREAS, Client wishes to retain Tutor to provide tutoring services

WHEREAS, Tutor has the skills, qualifications, and expertise required to provide such services to the Client;

WHEREAS, Tutor wishes to render such Tutoring Services to Client.

NOW, in consideration of the promises and covenants contained herein, as well as other good  and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:

Article 1 - DEFINITIONS:

As used in this Agreement:

A) "Tutoring Services' shall be used to refer to the following specific tutoring services that the Tutor will provide to the Client under the terms and conditions set forth herein.

B)  "Commencement Date' shall be used to refer to the date the Tutor begins the Tutoring Services.

C)  "Completion Date' shall be used to refer to the date that the Tutor will complete or cease the provision of Tutoring Services to the Client.

D) “Fees" shall be used to refer to the payment Client will pay Tutor for the rendering of the Services.

Article 2 - AGREEMENT:

Subject to the terms and conditions of this Agreement, Tutor hereby agrees to render the Tutoring Services to Client, beginning on the Commencement Date and ending on the Completion Date at the location described below, and Client agrees to pay Tutor the Fees required for the Tutoring Services.

Article 3 - LOCATION:

Tutor will render the Tutoring Services at the following location (throughout this agreement, "Location'):

11700 Charen Lane, Potomac MD 20854

Article 4 -SCHEDULE:

The schedule of tutoring sessions ("Sessions") shall be agreed on mutually and communicated to Client in advance.   

Article 5 - FEES:

The Client agrees to pay the Tutor the fees specified and agreed to for the provision of the Tutoring Services, subject to the following terms and conditions:

A) Invoice Interval: The Tutor is responsible for communicating scheduling and payment details to the Client in advance of any proposed lessons.

B) Invoice Period: The Client shall have the following time period in which to pay the Tutor's invoice:

Within one week (5 business days) of receipt.

C) Method of Payment: Tutor will accept the following forms of payment:

(Preferred) By Check, addressed to Breakthrough Test Prep
By online invoice (Credit/Debit, Direct Deposit, Square, Zelle, Venmo)

D) Penalties: If the Client does not pay the invoiced and required amount within one week of date stated in the Invoice or as otherwise provided for in this Agreement, the Tutor shall be entitled to:

I) Charge a late fee as follows: $50 / week

II) Require Client to pay for the Tutoring Services, or any remaining part of the Tutoring Services, in advance;

Ill) cease performance of the Tutoring Services completely or until payment is made, at the Tutor's sole and exclusive discretion.

Article 6 - CANCELLATION POLICY:

Cancelations by Tutor: Tutor may cancel Sessions with Client if conflicts arise. In such a case, Client shall be under no obligation to make payment. If Tutor cancels after payment has been made, payment will be applied to the rescheduled Session. Rescheduling shall be done at a time agreeable to both Parties. If such rescheduling is not possible, Client will be refunded the full amount.

Cancelations by Client: Client shall be permitted to cancel Sessions prior to 24-hours before the scheduled Session. If Client cancels less than 24-hours prior, any payment made for that Session may be forfeited. Tutor may agree to reschedule or refund payment at Tutor's sole and exclusive discretion but is under no obligation to do so.

Article 7 - LATE ARRIVALS:

Client's late arrival to any Session will not toll the time of the Session. In other words, Client is expected to be on time to each Session or forfeit the amount of late arrival. No adjustment shall be made on Fees for time lost because of late arrival by Client.

If Tutor arrives late, Tutor shall compensate Client by extending a Session by mutual agreement.

Article 8 - INTELLECTUAL PROPERTY:

Any intellectual property provided by the Client to the Tutor to assist in the provision of Tutoring Services shall belong to Client. Any intellectual property belonging to the Tutor, provided or shown to the Client in any way shall belong to the Tutor.

Article 9 - OBLIGATIONS:

Tutor agrees to be fully prepared for each Session by reviewing any material prior provided by Client. Tutor shall keep all Client information confidential. Client agrees to undertake the work Tutor identifies, as well as to actively participate in each Session.

Tutor does not offer any promises or guarantees with regard to the Tutoring Services.

Client hereby acknowledges and agrees:

A)  Client is solely and exclusively responsible for the choices that Client makes with regard to the Tutoring Services or any changes to Client's academic education, business, or life.

B)  Client is solely responsible for any actions or inaction Client chooses to take;

C)  Tutor is not liable for any result or non-result or any consequences which may come about due to Client's participation in the Tutoring Services.

Article 10 - LIMITATION OF LIABILITY:

Except in cases of death or personal injury caused by either party's negligence, either party's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to the Tutor.

To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.