By filling in the required details and submitting this form, the Client enters into this Tutor Agreement (the “Agreement”) with Personal Professor University, LLC (the "Company"), a Delaware Corporation, with respect to rendering teaching services to Clients (hereinafter referred to as "Services").

Each party together known as “Parties”.

WHEREAS, The Company is engaged in the business of providing academic and test-prep tutoring services to students.

WHEREAS, the Client desires to avail the Services of the Company by engaging a tutor from the Company.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:

1. Definitions

• Services: Academic and test-prep tutoring provided by the Company.
• Client: The party availing the Services rendered by the Company. Also referred to as 'Student' when applicable.
• Minor: A student below the age of 18 years.
• Tutor: Qualified faculty hired by the Company to render tutoring sessions.
• Confirmed Lesson: Lesson for which the date and time have been approved verbally or in writing by the Client or the Student. If the Client restricts Students from confirming lessons via email notification to the Company, then Students are not authorized to confirm lessons.
• Online Sessions: Sessions delivered electronically via internet-based platforms such as Zoom, Skype, etc., requiring the Client to have a stable internet connection, a webcam, and an appropriate device for accessing the sessions.

2. Credit Card Authorization

By providing a credit card as a payment method, the Client agrees to the automatic charging of said card for all balances due to the Company. This includes, but is not limited to, charges for scheduled lessons, registration fees, original content fees, and any other applicable fees as outlined in this Agreement. The Client authorizes Personal Professor University, LLC (the "Company"), and/or Thrive Tutoring NY LLC, acting on the Company's behalf, to charge the credit card on file for these fees. Charges may be processed up to 14 days before a Confirmed Lesson or at any time when a balance is due. The Company may, at its discretion, choose to process payment after this period as well.

The credit card on file will be the default payment method for all transactions. The Client is responsible for all charges incurred, including any balances outstanding at the time of signing this contract or accruing thereafter.

3. Duties/Obligations of the Client

• Adhere to the tutoring plan prepared by the Tutor;
• Inform the Tutor in advance of any session-specific requirements;
• In cases where the Client is a minor, parental presence during sessions is allowed but optional. The Company is not responsible for the minor during the session or any other time and does not act in loco parentis. Any minor making use of the Company’s services remains the responsibility of their legal guardian(s);
• Adhere to the Late Cancellation Policy for any session changes;
• Be prepared with all necessary materials for each session; and
• Agree to session location and timings jointly with the Tutor.

4. Schedule

All Confirmed Lessons, including those scheduled by a Minor, start promptly at the scheduled time and are billed to the Client. Clients are responsible for ensuring timely attendance and a stable technological setup for Online Sessions. Late arrivals, early terminations, or technical issues on the Client's part will not result in fee adjustments or extension of session times. The Client retains the option to reschedule sessions in accordance with the Late Cancellation Policy.

5. Late Cancellation Policy

Link to the Late Cancellation Policy:

Late Cancellation Policy

6. Data Protection

1. Protection of Data: The Company is committed to making reasonable efforts to protect the data and privacy of the Client, especially minors. The Company will employ generally accepted industry practices to ensure that all payment and personal data are stored securely.
2. Payment Details: All payment details, such as credit card information, will be processed and stored using methods that are in line with industry-standard encryption techniques. The Company will not share or distribute this data without the express consent of the Client, except as required by law or in response to valid legal process.

7. Intellectual Property

1. Limited Ownership: Any content and materials created by the Tutor outside of the prescribed study sessions constitute the intellectual property of the Company. This includes, but is not limited to, videos, study guides, and other preparatory materials. Materials and content generated during the actual study sessions, including notes or collaborative documents, are for the Client's use and are not claimed as the Company’s intellectual property.
2. Original Content: Access to original content, such as the video library, is strictly for the Client's use. Any unauthorized sharing, distribution, or reproduction of this content may result in termination of access and potential legal action.

8. Fees and Payment

The Company extends to the Client the rate as determined by the agreed-upon rates, typically found in the welcome email sent by the Company. While maintaining a credit card on file is required for all Clients, the Company also accepts Zelle and checks as forms of prepayment. The credit card on file will be used for the payment of any balances due for lessons not prepaid by these other methods. Payment through the credit card on file will result in an automatic receipt sent via email to the Client.

(a) Pre-Payment and Credit Balances

• Lessons must be paid for in advance. The credit card on file may be charged for lessons up to 14 days in advance of the scheduled lesson date. However, if the Company elects, payment can be processed subsequently.
• If there is a remaining balance in the Client's account after any pre-payment, this balance will be used before any additional amount is charged to the credit card on file.

(b) Credit Card Requirements

• A valid credit card with sufficient credit is required to engage the services of the Company. This credit card will serve as the default payment method.
• The credit card on file may be charged for lessons and other fees as per this Agreement.

(c) Outstanding Balances for Prior Services

• By agreeing to this contract, the Client authorizes the Company to charge the credit card on file for any outstanding balances for services rendered prior to the signing of this Agreement.

(d) Refunds and Account Credits

• If a lesson is canceled or rescheduled, based on terms in the Late Cancellation Document, the payment for that lesson is credited to the Client's account for future lessons.
• Refunds of any credit balance can be requested at any time and will be processed within 7 business days, subject to the Late Cancellation Policy.

(e) Prepayment Requirement

• Lessons must be prepaid prior to the lesson if not using the credit card on file. In the absence of prepayment by other accepted methods (Venmo, Zelle, checks), the credit card on file will automatically be charged for the lesson fees. Any such prepayment must be received at least 10 days prior to the lesson to apply to that lesson.

Additionally, the Company may implement a "Balanced Rewards & Contribution System" as outlined in Section 10. This system allows for a voluntary 1.5% contribution towards processing fees but is not immediately effective and is subject to client opt-out.

9. Billing Authorization

The Client authorizes Thrive Tutoring NY LLC to conduct billing on behalf of Personal Professor University, LLC for all fees incurred under this Agreement. The Client acknowledges that Personal Professor University, LLC retains the right to conduct billing directly. Any balances not paid at the time of signing this contract can be charged to the credit card on file by either Personal Professor University, LLC or Thrive Tutoring NY LLC.

10. Balanced Rewards & Contribution System

Personal Professor University, LLC reserves the right to implement a "Balanced Rewards & Contribution System" at a future date, subject to client notification. This system involves a voluntary 1.5% contribution towards Stripe's transaction fees of 3.4%, a voluntary contribution designed to be balanced against common credit card rewards of 1.5% - 2%.

Upon implementation, this contribution will be automatically applied to transactions but remains entirely optional. Clients may opt out at any time by emailing zevthetutorscheduling@gmail.com with the subject "Opt-Out of Balanced Rewards & Contribution System." If a client opts out after a transaction has been processed, the equivalent contribution amount will be credited to their account.

Clients will be notified via email prior to the activation of this system and will retain the option to participate or opt out as per their discretion.

11. No Warranties

While the Company appoints rightly qualified tutors, specializing in their respective field(s), the Company makes no promises (n)or warranties with regard to a Clients’ performance as a result of any tutoring provided by the Tutor nor the extent of the Tutor’s abilities.

12. Severability

If any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement other than the provision(s) determined to be invalid or unenforceable shall not be affected thereby, and each valid provision hereof shall be enforced to the fullest extent permitted by law.

13. Governing Law and Jurisdiction

This Agreement, and the Parties’ duties and responsibilities under such, shall be governed by, and construed in accordance with the laws of the State of Delaware, USA. This applies regardless of the client's location. Both parties hereby consent to personal jurisdiction in the State of Delaware for any disputes arising under this Agreement.

14. Electronic Signatures and Agreement

By making a $1 payment through the Stripe payment system, the Client explicitly agrees to the terms and conditions of this Agreement as detailed on ZevTheTutor.com/terms. This payment signifies the Client's consent to store their credit card information for future transactions and to acknowledge the agreement as legally binding. The act of processing this $1 payment constitutes an electronic signature under applicable laws.

The Client will receive a confirmation of this agreement and a summary of the key terms following the completion of the transaction.

15. Appointment of Tutor

The Company will appoint a suitable Tutor for the Client from its list of qualified tutors. The recommendation of the Tutor is at the sole discretion of the Company. If a specific Tutor is agreed upon between the Client and the Company, then they will be the Tutor assigned to the Client.

16. Confidentiality

Both the Client and the Company agree to maintain the confidentiality of all proprietary information, tutoring materials, and session details unless otherwise agreed in writing. Breach of this clause could lead to termination of this Agreement.

17. Liabilities

1. Breach of Contract: In the event of a breach of this Agreement by either party, the non-breaching party is entitled to pursue any remedies available by law.
2. Limitation of Liability: Notwithstanding any other provision in this Agreement, the Company's liability for any claim arising out of this Agreement shall be limited to the amount paid by the Client during the [12-month period] immediately preceding the event giving rise to the claim.

18. Prohibition of Session Recording by Clients

The recording of any tutoring sessions, whether in audio, video, or any other format, by the Client or any participating individuals, including minors and their families, is strictly prohibited. This prohibition is to ensure the privacy and intellectual property rights of the Tutor and the Company are maintained. Any unauthorized recording may result in termination of the tutoring services and potential legal action.

19. Original Content Access

Access to original content material, including but not limited to the video library, is solely for the Client's use. Unauthorized sharing, distribution, or reproduction of the content is strictly prohibited.

20. Other Terms

The Client warrants that they shall not attempt to solicit the services of the Tutor without the knowledge and consent of the Company.

In case the Client attempts to solicit the services of the Tutor without the knowledge and consent of the Company, Company reserves the right to engage any available remedy against the Client including but not limited to recovery of monetary and reputational loss/damage caused to the Company due to the aforesaid.

It is specifically agreed that any such solicitation shall damage the Company and such damages may be claimed from the Client regardless of current status.

21. Amendments and Updates to the Agreement

This Agreement may be amended or updated by the Company from time to time. Such amendments will be effective upon the Company sending a notification to the Client via email. Clients will be given a reasonable notice period, typically 30 days, before any changes take effect. The continued use of the Company’s services after such a notice period will constitute the Client’s acceptance of the amended Agreement, except for new fees or changes to existing fees, which will require explicit acknowledgment or consent from the Client. Significant changes that materially affect the Client’s rights or obligations will also require explicit acknowledgment or consent from the Client.

22. Miscellaneous

1. Non-solicitation: For a period of 5 years after the termination of this Agreement, the Client agrees not to solicit or engage in any tutoring services directly with the Tutor without the express written consent of the Company.
2. Amendments: Any changes or amendments to this Agreement must be in writing and signed by both parties to be effective.

These are suggested provisions and may need to be tailored to fit the specific circumstances of the tutor and the client. Additionally, these sections should be reviewed by a licensed attorney before finalization to ensure they are legally sound and enforceable.

23. Termination

1. By Mutual Agreement: This Agreement may be terminated at any time by mutual written consent of both Parties.
2. By the Company: The Company may terminate this Agreement with immediate effect if:
   • The Client breaches any term of this Agreement and fails to remedy that breach within 7 days of being notified in writing of the breach.
   • Payment is not made by the Client in accordance with the terms set out in Section 5, even after receiving a written notice.
   • The Client engages in any behavior or conduct deemed inappropriate or harmful by the Company or the Tutor.
3. By the Company: The Company reserves the right to conclude this Agreement under the following conditions:
   • Should the Client not adhere to any stipulations of this Agreement and neglects to address such non-compliance within 7 days upon written notification.
   • In the event the Client does not fulfill payment obligations as detailed in Section 5, subsequent to a written reminder.
   • If the Client exhibits conduct that the Company or the Tutor finds unsuitable or contrary to the spirit of this Agreement.
4. By the Client: The Client holds the prerogative to end this Agreement by providing one calendar month’s written notice in these instances:
   • If the Tutor persistently does not deliver the Services in alignment with this Agreement, and the Company does not address this lapse within 7 days of written notification.
   • Upon any breach of this Agreement by the Company that remains unaddressed within 7 days of written notice.

23. Duration of Agreement

This Agreement commences on the Effective Date (date of electronic signature by the Client) and shall continue in full force and effect until terminated by either Party as per Section 19 or until one year from the Effective Date. If neither Party terminates the Agreement upon its expiry, it shall automatically renew for successive periods of one year, unless terminated by either Party with 7 days written notice prior to the end of the then-current term.