­­­­­­­­­Last Updated: June 1st, 2023

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1.    THE PARTIES TO THIS AGREEMENT ARE:

        a.   Name of Tutor:  Aaron D. Couch

              (Hereinafter referred to as the "Tutor")

              Business Address: 5900 Balcones Drive Ste 7361 Austin, TX. 78731

              Contact Number:  (512) 710-582­­3

              Email: Aaron@TheAlgebraMan.com

-AND-

        b.   You, the Client [Primary Adult and if applicable, Second Adult] who is/are booking sessions on behalf of the

              Student [who is a minor] and accepting these terms on the website [www.TheAlgebraMan.com].

    
2.    TUTORING FEES:

        a.  All fees are paid up-front and are non-refundable.

             i.   Option A: Intro-Sessions -$50- for new clients only; can be used 1 time only, can be purchased year-round.     
            ii.   Option B: Single Sessions- $110- These sessions are at the standard rate and cover all math subjects and can be
                  purchased anytime, year-round.

        b.  Session Packages: Options C-J- offer clients discounts and advanced reservation options for an up-front payment.

             i.   Option C: 5th-Pre-Cal- 4 sessions at $100/each [10% discount off Standard Rate]    *available for the 2023/24 school year*

            ii.   Option D: 5th-Pre-Cal- 8 sessions at $95/each [16% discount off Standard Rate]      *available for the 2023/24 school year*

           iii.   Option E: 5th-Pre-Cal- 12 sessions at $90/each [22% discount off Standard Rate]    *available for the 2023/24 school year*

           iv.   Option F: 5th-Pre-Cal- 16 sessions at $85/each [30% discount off Standard Rate]    *available for the 2023/24 school year*

            v.   Option G: 5th-Pre-Cal- 20 sessions at $80/each [38% discount off Standard Rate]    *available for the 2023/24 school year*

           vi.   Option H: College Algebra and Adult Test Prep- 4 sessions at $85/each [30% discount off Standard Rate]; Year-Round

         vii.   Option I: 5th-Pre-Cal- Summer Sessions- 4 sessions at $85/each [30% discount off Standard Rate]; Early June-Mid August

                  A.   *Please check The Algebra Man's availability before scheduling summer sessions.*

        viii.   Option J: STAAR/SAT/ACT Math Test Prep- 4 sessions at $85/each [30% discount off Standard Rate]; Year-Round

        c.  Subscription Package: Option K- offers clients a monthly 4-session auto-pay option that can be activated and

             deactivated throughout the entire school year. *available in July for 2023/24 school year*

             i.   4 sessions at $90/each, monthly [22% discount off Standard Rate].

            ii.  $100 non-refundable activation fee required upon sign-up; activation fee required for each school year.

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3.    SESSION FREQUENCY/EXPIRATION/CREDITS:

        a.   Intro-Sessions: May be used once only for new clients.

              i.  Session expires 30 days after purchase.

​        b.   Single Sessions:

              i.  Sessions can be scheduled anytime year-round.

             ii.  Sessions expire at the end of the current semester/summer in which they were originally purchased.

        c.   Session Packages [C-G]: Sessions can be used anytime during the same school year which they are purchased and

              do not expire until to the last day of school [as stated on school's calendar].

              i.  Sessions purchased through Option I [Summer Sessions] can be used anytime for the summer in which they

                 are purchased and expire in early August.

                 A.  *Please check The Algebra Man's availability before scheduling summer sessions.*

             ii.  Sessions purchased through Options H and J [College/Adult Algebra and all Standardized Test Prep] must

                 be used within 4 months, by the agreed-upon exam date, and/or the end of the Student's adult/college or

                 SAT/ACT course; whichever date is first. Any postponing or cancelling of exam/course does not change the

                 original expiration of these sessions.

        d.   Subscription Package [K]:

             i.  The session code provided by the booking system will renew with 4 new session credits each month on the

                 same day in which Client's subscription was created.
            ii.  Any unused credits will roll-over to the following month.
          iii.  Client can deactivate and re-activate the current school year's subscription at any time at no charge using

                 the 'Cancel' button and 'Reactivate' button through their account. [Yes, the 'Cancel' button only deactivates the

                 subscription; it does not actually cancel it.]
          iv.  The booking system does NOT take into account school vacation periods, so there is no pro-rating of the

                monthly fee or number of sessions provided for months that have vacations during the school year.

                A.  *Unless Client chooses to deactivate the subscription during this time and then reactivate it later, Client

                      must be prepared to pay the regular monthly fee and be ready to receive 4 sessions during a month that

                      may have fewer than 4 weeks of school.
          v.  In a subscription you will not be able to schedule more than the 4 sessions provided to you monthly

               [unlike packages, where you can purchase and schedule a large number of sessions in advance].
         vi.  You must make sure to log-on each month and schedule your credits as they renew. The Algebra Man takes no

               responsibility if Client does not remember to schedule sessions for a given month, nor his availability from one

               month to the next- especially near the end of a semester.
        vii.  All session credits and subscriptions will expire on the last day of school as indicated on school's academic calendar.

               If a subscription is desired for the next school year, Client will need to purchase a new subscription and pay the new

               activation fee for the new school year.  

       e.    While it's the Client's choice and responsibility as to when and how frequent [or infrequent] to schedule the Student,

               it is strongly advised that the Student maintains consistent tutoring throughout a certain time window [preferably

               at least a semester or better yet, the entire school year.] Any disruption or extended lapse may most likely change

               the Student's progress and overall success. The Tutor takes no responsibility in the academic performance of the

               Student if they are not scheduled regularly.

 

4.    COMMUNICATION:
        a.   Within 24 hours after each session conducted, Tutor will email an Online Session Summary to Client explaining

               the content delivered and may also include, as needed, the academic progress of Student, what content will be

               covered next session, and/or any helpful test/study information.
               i.   It is the Client’s responsibility to check his/her email to receive this information. Tutor claims no

                    responsibility for academic or attendance issues due to missed emails/texts from either himself or the booking system.

                    A.  Client may at any time unsubscribe from the automatic reminders sent by the booking system. The Tutor takes no

                          responsibility for any attendance issues due to Client's/Student's absence or tardiness to any session.

              ii.  Client must be ready and willing to communicate with his/her child after each session to make sure that any

                    recommended work assigned by Tutor is completed between sessions.

             iii.  For instances when there are 2 sessions back-to-back or within 2 consecutive days, only 1 Online Session Summary

                    may be sent.

              iv.  The Online Session Summary is intended only for its recipient(s) due to its personal content. Such information

                    may not only include the Student's academic progress, but also potentially their emotional, psychological, and/or

                    social progress as a human being. Any forwarding or duplication of these emails may not be done without the

                    written consent of the Algebra Man.

        b.   Communication is prioritized for Client [Primary/Secondary Adult(s)]. Methods of communication include: text,

               phone, and/or email.
               i.   If Tutor is to email/text/call Student, it will be for academic reasons only. Tutor to keep records of all written

                    communication. Client accepts and allows Tutor to be in direct contact with Student outside of sessions for

                    academic purposes.

              ii.  If Client did not initially provide Student's cellphone number for the automatic text reminder sent by the

                    booking system and Student later requests this service, Tutor will enter the number into the booking

                    system. If necessary, Client may contact Tutor via email to request removal of Student's cellphone number from

                    the scheduling system.
             iii.  Tutor is not personally obligated:
                    A.   To remind Client of upcoming sessions.
                    B.   To be in contact with Student’s teacher, counselor, etc. for any reason.
        c.   For the adults listed when booking Student's session(s) on www.TheAlgebraMan.com, the booking system

              will send an email reminder to all adults within 48 hrs of an upcoming session and a 2nd email reminder 8 hrs
              prior; everyone's cellphone number on record will receive a text message 1 hour prior.

              i.   The booking system will give Primary Adult and [if applicable] Second Adult the option to reschedule by

                    means of the 'Change Appointment' button at the bottom of the reminder email sent 48 hours prior to the

                    upcoming session. Since both Primary and Second Adult may have the ability to reschedule the

                    Student's upcoming session, communication between Primary and Second Adult is strongly encouraged.

            ii.   It is not advised for Client to forward to Student the 48-hr reminder email sent by the booking system, since

                   this email may give the Student unauthorized access to rescheduling/cancellation of sessions. Tutor takes

                   no responsibility for cancellations or schedule changes if Student has access to Client's emails/account.

           iii.   If Second Adult would like to opt-out of receiving email and/or text reminders, Primary Adult or Second

                   Adult may email Tutor at any time and he will update the system. 

​            iv.   Note: Text messages may include an additional fee on some data plans. Client accepts this.

5.    SCHEDULING:
        a.   Client must use the online booking system to reserve, cancel and/or reschedule sessions:
               i.   https://www.thealgebraman.com/schedule-and-pay
        b.   Sessions must be scheduled at least 8 hours before desired session time.
        c.   Only Client may have access to scheduling [Student is not allowed to book/reschedule/cancel sessions].

        d.   Tutor takes no responsibility for any errors entered into the form fields by Primary Adult upon purchasing/scheduling

               sessions, or any failed emails and/or text messages from himself or the scheduling system in result.

        e.   The booking system allows for sessions to be made through the entire school year. Tutor's calendar

               is updated over the summer and his availability is set by mid-July prior to the upcoming school year.

        f.   At the end of the school year or summer, Client may schedule additional sessions, through either a package or

              Single Sessions, as needed, at any time using the booking system, if the current session package runs out. This

              includes sessions for final exam preparation and standardized test prep.

        g.   Summer sessions may be booked anytime starting early May for the upcoming summer.

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6.    CANCELLATIONS/RESCHEDULING:

        a.   Sessions are subject and level-specific, therefore, multiple students of different math levels in the same household

              may not switch time-slots without first using the booking system [all changes must be made within 24 hrs of the session].

        b.   Unlike session packages, Intro-Sessions cannot be cancelled, only rescheduled, or the session credit will be lost.

              If Client needs to cancel and loses the credit, Client may purchase a new Intro Session.

        c.   Client can view and reschedule sessions online. This may be done by either using the links provided in the

               automated reminder emails sent by the online booking system as well as directly through Client’s online account/app.
        d.   Tutor is not responsible for managing Client’s bookings. If Client needs to make a change of any kind to a session

               day/time, then Client must use the booking system.
        e.   Schedule changes can be made up to 24 hours before the session is to begin. Thereafter, the booking system does

              not accept changes for the upcoming tutoring session.
              i.   If Client needs to cancel within the 24-hour window of a session, Client may directly contact Tutor as a professional

                   courtesy [it's greatly appreciated].

             ii.   The session fee will be forfeited if a cancellation is made within 24 hours of any scheduled session.

7.    NO-SHOWS:
        a.   If Student does not show/log-on within 10 minutes of the session start time and there is no communication from

              Client, Tutor will log-off and the session fee will be forfeited. An email will be sent to Client informing

              Client of Student's no-show.

              i.   If Client or Student contacts Tutor prior to the beginning of the session updating him of the Student being late, he will

                   wait up to 15 minutes ONLY. Under no circumstances will the Tutor remain online after 15 minutes. Thank you

                   for your understanding!

8.    PAYMENT/INVOICING:
        a.   All payments are completed up-front and in advance using a debit or credit card for all services: Intro-Sessions,

              Single Sessions, Session Packages, and Package Subscriptions u
        b.  Client is responsible for the purchase of any additional materials outside of the classroom.

9.    REFERRAL PROGRAM:
        *For each new client signed up through current Client’s referral and a purchase of at least 8 sessions through the new

        client, ONE free session will be provided to current Client. A digital coupon will be issued immediately to be

        used anytime in the remaining semester only. Free sessions cannot take the place of a session already purchased.

        Client must maintain continued service of at least 1 session per month from referral to free session.

10.   HOLIDAYS/TUTOR AVAILABILITY/WEATHER:
         a.   The Tutor is available throughout the academic year while school is in session and on a limited schedule during

               summer vacation [Client may view Tutor's availability on his booking page at any time].
         b.  Unless agreed upon by Tutor and Client, tutoring will not commence on national holidays or extended school

               vacations as reflected in the booking system.

         c.   Tutoring may commence, as per normal, on teacher work days, early release days and bad weather days, as

               reflected on the Tutor's calendar.
               i.  Tutor takes no responsibility if Student misses a session [or part thereof] due to bad weather, wifi interruptions,

                    electronic failures, black-outs, brown-outs, device malfunction, or any other event that prevents the Student
                    from attending the session.

11.   OBLIGATIONS OF TUTOR:
         a.   The Tutor undertakes to do all preparation prior to lessons and to structure lessons in such a way as to optimize

                time to the benefit of the Student.
         b.   Tutor shall at no time be required to complete homework or other assignments on behalf of the Student. These

                assignments, however, may be routinely used as study tools during sessions as they are an important

                component for further content practice and test preparation.
         c.   Tutor provides instruction for one subject only during a given session. If the Student needs instruction on more than

                one subject, Client must schedule additional sessions to facilitate additional instruction in different subjects and must

                schedule these new subjects under their correct title as listed in the booking system. This is required so that the Tutor

                knows what subject is being taught so that he can prepare accordingly.

         d.   The Tutor is not obligated to provide homework material at any time during the regular school year. If the Client and/or

                Student want/need additional practice over a vacation period or any other time during the school year, it is best to reach

                out to the Student's teacher to obtain additional materials for practice. The Client may schedule additional sessions with

                the Tutor to cover any questions pertaining to these problems/exercises.

         e.   During the summer, however, the Tutor provides any and all materials, homework practice, and other online educational

               resources to further the success of the Student.

               i.  While The Tutor has his own materials to provide the Student during summer tutoring, he does not provide school

                    courses or chapter-based curriculum. Summer learning is therefore based on order of concepts as needed by the

                    Student to fill gaps in knowledge for content recovery as well as get ahead in new concepts for the upcoming school

                    year; it is not organized by chapter in a specific textbook.
             ii.  Although homework and other lesson material may be provided to the Student during a session, it is up to the Student to

                    complete it, check the work, and be ready with questions. Content will be reviewed, corrected, and progress will

                    continue to be made during session time only.
            iii.  Grades, assessments, syllabi, etc. are not part of The Algebra Man's tutoring service. If the Client requires these

                    things, it is strongly recommended that the Client enrolls the Student in an accredited summer school program

                    either nearby or online and The Tutor can then be there as the child's resource.

          f.   The Tutor shall not assign any of his/her duties or obligations under this tutoring contract to a third party

                without the written permission of the Client.

12.   OBLIGATIONS OF THE STUDENT:
         a.   It is the Student’s responsibility to be aware and communicate to the Tutor all deadlines for projects, homework,

                and assessments. Although the Tutor will make every effort to be up-to-date on all classroom activities

                [depending on the accuracy of the Teacher’s classroom website], for all class-related content, the Student must

                know what material needs to be covered, have questions ready, and have the necessary resources [class

                papers/textbook/laptop w/ battery charged] available during each tutoring session.
         b.   During each session, Student must present current grades, homework/test results, and any late/missing work.

                i.   Student must have access to homework/class/grade account and/or teacher’s class website [for example,

                     Google Classroom log-in]; Tutor will not have access to Student’s accounts or passwords.
         c.   The Tutor is a resource only. The academic performance of the Student is based on his/her individual effort. 

               Questions about grades and classroom performance are between the Student/Teacher/Parents/Guardians only.
         d.   The Student agrees that assignments, exercises and/or homework form an integral part of the tutoring session

               and undertakes to complete such work promptly. The Student agrees to also follow Tutor’s instructions from one                             

               session to the next to be prepared so as to best utilize session time.

         e.   It is the Student's [and Client's] responsibility to be ready prior to every tutoring session by means of having their device

               charged/plugged in, paper and pen/pencil handy, school accounts open, and Zoom properly functioning on their device with

               a working mic and camera.

13.   AGREEMENT TERMS:
         a.   These terms may be updated, as necessary, anytime throughout the calendar year. If and when this occurs,

               Tutor will notify Client immediately via email with at least 30-days notice prior to the new Terms &

               Conditions taking effect. Client may view the Terms & Conditions at any time using the link provided at the

               footer of Tutor's emails as well as in the scheduling confirmation emails sent by the booking system.

               i.   Client's continued patronage 30 days after Tutor's update and/or the booking of additional sessions and/or

                    purchasing of packages indicates acceptance of new Terms & Conditions and must adhere to the new and

                    current terms stated therein.          

         b.   At Will: To make things flexible for the everyone, these Terms & Conditions are on an ‘at will' basis: the

                Client is not obligated to continue this tutoring service after the last session is completed in any given

                month [for a monthly subscription] or the last session of the current session package.

         c.   No Warranties: The Tutor makes no promises or warranties with regards to Student's performance. If it is

               apparent to the Tutor at any time that the Student is not benefiting from the service or is not taking the tutoring

               service or their own academic success seriously, Tutor may, at his own discretion, terminate this contract,        

               with due notice, in the best interest of all parties. Any session credit remaining for the month will be

               reimbursed, minus the original 3% credit card transaction fee.
        d.   Excessive Cancellations/Schedule Changes: If an unrealistic number of cancellations/schedule changes occur

                [2 or more within any given month], Client will be emailed. If this behavior repeats itself anytime again

                during the same school year or summer, Tutor may cancel subscription or package due to lack of consistency.

                Sessions will be reimbursed [minus a $50 admin fee and the original 3% credit card transaction fee]. Client may

                be banned from the scheduling system in rare cases.
         e.   Media Permission: Client and Student allow Tutor [Aaron D. Couch, on behalf of The Algebra Man, LLC] to

                print/post online success stories and Client’s [and if appropriate, Student's] reviews, including photos and/or

                videos, on behalf of himself and Student’s ​​successful academics as it pertains to marketing purposes of The

                Algebra Man LLC, only.

                i.   Client may opt out by emailing Tutor directly. Email must be sent at the same time these Terms and

                     Conditions are accepted.

         ​f.   Privacy Policy: Tutor shall keep confidential all personal information of Client/Student. The use of all personal

                data of Student and Client is solely for use of direct communication with them [and them alone] and for teaching

                purposes through The Algebra Man, LLC. Such data will not be given out, sold, or manipulated in any way, but

                rather, will remain in-house and encrypted.

         g.   Online sessions are documented, through photos of our work, and are sent to Client in the Online Session

                Summary after each session. This is for quality assurance and record-keeping purposes for both parties.
         h.   Relaxation of Terms: Any relaxation, indulgence, waiver or release by any party of any of the rights in terms of

                this agreement on one occasion shall not prevent the subsequent enforcement of such rights and shall not be

                deemed to be a waiver of any subsequent breach of any of the terms.

                i.  Client understands the terms in this document and therefore understands that Tutor is not obligated to provide

                     special provisions outside of these terms to Client for any reason, especially in cases of weather and other

                     events outside of his control. If Client insists for Tutor to nonetheless do so, Tutor may email Client with a

                     notification to cancel service with immediate effect. All remaining session credits will be reimbursed to Client's

                     original payment method, minus a $50 admin fee and the original 3% credit card transaction fee. The Client

                     will be banned from the booking system.
         i.   Acknowledgment of Safety Waiver: It is expressly understood by Student and Parent that however unlikely in an

                online setting, although the Tutor will do everything possible to educate the Student in a safe and conducive

                environment, if the environment becomes unsafe or inappropriate for the Student and/or Tutor for any reason,

                the session will end immediately at the discretion of the Tutor. The session fee will not be pro-rated or

                reimbursed.
         j.    Acknowledgment of Personal Liability  Waiver: Client hereby releases, indemnifies, and holds harmless Aaron D.

                Couch and the entity, The Algebra Man, LLC, from and against all claims, demands, actions, complaints, and

                suits, including any and all related costs, attorney fees, liabilities, settlements, judgments and/or other forms of

                liability that may sustain arising out of any damage or injury caused to Student.
        k.    This agreement constitutes the entire understanding between the parties with regard to the subject matter

                thereof and the parties waive the right to rely on any alleged, expressed, or implied provision not contained

                herein. Any alteration to this agreement must be in writing and [digitally] signed by all parties.
        l.    Where the Student is a legal minor, the Parent/Guardian shall enter into these Terms and Conditions on behalf of

                the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student

                by digitally checking the 'acceptance' box on the website [www.TheAlgebraMan.com].

 

Thank you!

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    -End of Terms and Conditions-