Parent is entering into this Agreement both in his/her personal capacity and on behalf of Student and agrees to be bound by this Agreement.
S-S-SSG CORP, doing business as Study Hut Tutoring and Study Hut Consulting (“Study Hut”) agrees to provide tutoring and educational services (“Services”) to Student based on the mutually agreed terms and conditions set forth below (“Agreement”). The terms and conditions herein shall apply to all Services provided to Student, regardless of the date Services are rendered.
PAYMENTS. Parent is fully responsible for full payment of any and all Services provided by Study Hut to Student.
Forms of Payment. Study Hut will accept the following forms of payment: (a) Cash; (b) check; (c) Visa; (d) Mastercard; (e) American Express; (f) Discover. However,Student file must have an updated Credit Card Authorization Form, incorporated herein by this reference, with valid credit card on file at all times.
Billing Statements. Study Hut will issue a billing Statement via email at the end of each week, or as soon as possible thereafter (“Statement”). Each Statement will set forth the Services provided and corresponding dates and fees.
Payments. Study Hut will accept payments at the time the Services are provided and/or pre-payments for future Services. Notwithstanding the foregoing, Parent hereby authorizes Study Hut to charge the credit card on file for any outstanding Fees at the time the Statement is submitted to Parent.
Returned Checks. Parent will incur a $25.00 fee for returned checks.
Past Due. Accounts that are ten (10) or more days past due will incur a monthly administration fee of twenty dollars ($20.00) and accrue interest at one and a half percent (1.5%) per month until paid.
Notice of Cancellation. Student and/or Parent must notify Study Hut of a cancellation or changes to scheduled Services at least 24-hours prior to the appointment.
Cancellation Fee. If no notice is given or notice is given less than 24-hours before the scheduled Services, Student will be charged the full cost of appointment. If Student scheduled is using a class package, Study Hut reserves the right to consider a no-show or late cancellation a loss of that class.
Tutoring Packages purchased are non-refundable and non-transferable. All classes in a package must be used by the same Student.
Test Prep Packages must be paid for in full by 90-days past their sale date.
Summer Tutoring Packages must be used on or before September 10th of the year the Package is purchased.
STUDENT CONDUCT. Student and Parent must conduct himself or herself in a manner that is considerate of other Study Hut students and staff. Inappropriate conduct includes but is not limited to: (1) any and all actions that are disruptive in tutoring centers; (2) deliberate destruction, misuse, or theft of property; and (3) violence or threats of violence. Study Hut reserves the right to terminate this Agreement, without refund, in the event Student or Parent acts inappropriately.
Confidentiality. The Parties agree not to divulge, communicate or use in any way, confidential information or trade secrets of the other Party, including but not limited to know-how, students, or other technical data it has acquired as to any of these matters or items received in confidence.
No Guarantee. Parent/Student acknowledge that grades, admission and test scores are dependent on various factors beyond Study Hut’s control, including but not limited to, Student’s capacity, home environment, test environment. Study Hut does not guarantee acceptance to any school, grades or test scores.
Disclaimer and Limitation of Liability. STUDY HUT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, STAFF AND WEBSITE.
Release of Liability and Indemnification. In consideration of the foregoing Student’s participation in Study Hut’s Services, described herein, Parent does hereby, for Student and himself/herself, expressly release, indemnify and forever discharge Study Hut, its officers, directors, members, managers, employees, volunteers and agents from any and all liability, claims, demands, causes of action, and expenses, (including attorneys’ fees and costs), whether past, present, or future, for personal injury, death, and/or property damage from any cause whatsoever arising from or in connection with Student’s participation in Study Hut’s Services, even if such injury, death, and/or property damage is caused by a negligent act or omission by or on behalf of Study Hut.
Waiver of Personal Liability. Parent and Student waive any rights to damages against any individual manager, shareholder, director, officer, employee or agent of Study Hut for any claim, damage, cost, or expense arising from this Agreement and acknowledge that their sole remedy for such claims are against Study Hut, and not as against any individual.
Arbitration. In the event of a dispute arising out of the Student’s participation in Study Hut’s programs and activities, Parent does hereby, for Student and for himself/herself, agree that all such disputes shall be submitted to binding arbitration before the American Arbitration Association, or other arbitration tribunal mutually agreed by the Parties, in the County of Los Angeles, California, and agree to submit to the personal jurisdiction of said tribunal for all purposes. Notwithstanding the foregoing, disputes arising out of or relating to this Agreement within the monetary limit of the Los Angeles County Small Claims Court shall be litigated in such court at the request of either Party.
Media Permission. Parent hereby grants to Study Hut, its assigns and successors, his or her consent and full rights to use the Student’s name, photograph, likeness, image, voice and biography in any and all of Study Hut’s media, publications, advertising, and publicity including, but not limited to, its website, newsletters and announcements.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The Parties agree that all claims or disputes hereunder or questions arising out of this Agreement shall be determined only in the federal or state courts located in Los Angeles County, California, to the exclusion of all other courts, and the Parties agree to submit to the jurisdiction of the tribunals of the County of Los Angeles, State of California, including any American Arbitration Association location in the County of Los Angeles, State of California, for the resolution of disputes arising from or relating to this Agreement.
Severability. If any provision of this Agreement is to any extent, held to be invalid or unenforceable, the remainder of this Agreement will not be affected, and each provision of this Agreement will be valid and be enforced to the fullest extent permitted by law.
Counterparts. This Agreement may be executed in any number of counterparts, and each counterpart shall be deemed to be an original instrument. For purposes of this Agreement, use of a facsimile, e-mail, or other electronic medium shall have the same force and effect as an original signature.
Entire Agreement and Modification. This Agreement, with its attachments, constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior understandings between the Parties, whether written or oral, as to such subject matter. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the Parties.