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The Algebra Man, LLC:
Terms & Conditions

­­­­­­­­­Last Updated: July 20th, 2023

1.    THE PARTIES TO THIS AGREEMENT:

        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 adult Client 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
            ii.   Option B: Single Sessions- $110- These sessions are at the standard rate and cover all math subjects.

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

             i.   Option C: 5th-Pre-Cal- 4 sessions at $100/each [9% discount off Standard Rate]

            ii.   Option D: 5th-Pre-Cal- 8 sessions at $95/each [13% discount off Standard Rate]

           iii.   Option E: 5th-Pre-Cal- 12 sessions at $90/each [18% discount off Standard Rate]

           iv.   Option F: 5th-Pre-Cal- 16 sessions at $85/each [22% discount off Standard Rate]

            v.   *Larger package option*- for clients who want a package of 20 sessions [upon request only]:

                   A.  5th-Pre-Cal- 20 sessions at $80/each [27% discount off Standard Rate]
        c.  Subscription Package: Option G- offers clients a monthly 4-session auto-pay option that can be activated and

             deactivated throughout the entire school year.

             i.   4 sessions at $90/each with automatic monthly renewal [18% discount off Standard Rate.]

            ii.  $50 non-refundable set-up fee required upon sign-up; new set-up required after May 31st, annually, for future service.

3.    SESSION FREQUENCY/EXPIRATION/CREDITS:

        All sessions can be purchased anytime and scheduled throughout the school year from August-May. All session credits and

        subscriptions expire on May 31st, annually. Upon purchase of any package, a code will be emailed to Client as well as provided in

        their account. This code will allow Client to keep track of their session credit(s) as they schedule, reschedule, and/or cancel any

        given session. The code will automatically populate accordingly.
        a.   Intro-Sessions [Option A]: May be used once only for new clients.

              i.  Session expires 30 days after purchase.

             ii. Note: while the booking system provides a credit code for all packages/single sessions, it does not provided a code for

                  an Intro-Session. Therefore, this type of session may be rescheduled, but please do NOT cancel it, as the credit will be lost.

​        b.   Single Sessions [Option B]:

              i.  Sessions can be scheduled anytime.

             ii.  All unused sessions expire on May 31st, annually.

        c.   Session Packages:

              i.  [Options C-F]: Sessions can be used anytime and all unused sessions expire annually on May 31st.

                  A.  *Please check The Algebra Man's availability before scheduling sessions, especially near the end of the semester.*

            ii.  Sessions from any package may be purchased for multiple students in the same household, however, each session scheduled is

                  student and subject-specific.

        d.   Subscription Package [G]:

             i.  The session code provided by the booking system is for one student only and will renew with 4 new session credits

                  each month on the same day in which Client's subscription was created or re-activated.
            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. [*Note: 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.] Each subscription is

               subject specific; one subscription per student.
         vi.  You must make sure to log-on each month and schedule your credits as they renew. You will receive an automated

               email with a link provided for you to schedule; you may also log into your account and schedule.

               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 expire on May 31st, annually. If a subscription is desired for the following school year,

               Client will need to purchase a new subscription and pay the new activation fee.

       e.    While it's 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 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 automatic reminders, texts, and/or follow-up communication

                          sent by the booking system by either notifying the Tutor directly or by simply clicking the 'Unsubscribe' link

                          at the bottom of most/all auto-communication. The Tutor takes no responsibility for Student's attendance

                          issues that may result.

              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.

              v.   If Client would like to add an additional guardian to the communication, a request must be made over email and Tutor

                    will add the person to all future correspondences as well as to the booking system for auto-reminders.

        b.   Communication is prioritized for Client. 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/responsible:
                    A.   To remind Client of upcoming sessions.

                    B.   To be in contact with Student’s teacher, counselor, etc. for any reason.

                    C.   For any lapse in the auto email/text correspondences sent by the booking system, as automated technology

                           is not 100% reliable.
        c.   For the Client listed when booking Student's session(s) on www.TheAlgebraMan.com, the booking system

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

              i.   The booking system will give Client 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. It will also send an automated email to Client each

                    month if Client has signed up for a subscription.

            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.   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 from a package may be scheduled for multiple students in different subject levels in the same household only.

        c.   Sessions must be scheduled at least 8 hours before desired session time.
        d.   Only Client may have access to scheduling [Student is not allowed to book/reschedule/cancel sessions.]

        e.   Tutor takes no responsibility for any errors entered into the form fields by Client upon purchasing/scheduling

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

        f.   The booking system allows for sessions to be scheduled anytime, pending Tutor's availability. Tutor's calendar is updated

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

        g.   Client may at any time check Tutor's availability prior to purchasing/scheduling sessions [top option on booking system].

 

6.    CANCELLATIONS/RESCHEDULING:

        a.   Students may not switch time-slots without first using the booking system.

              i.  All changes must be made within 24 hrs of the session.

        b.   Intro-Sessions: Unlike session packages, these 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 in the

                   absence of the Student. Thank you for your understanding!

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

              Single Sessions, Session Packages, and Package [monthly] Subscriptions.
        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/TECHNOLOGY:
         a.   The Tutor is available throughout the academic year while school is in session ONLY. Tutor is NOT available June and July.

               Tutor may provide review sessions early August prior to the upcoming school year. If so, he will email clients to notify them.

         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

                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 subject 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 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. Client may schedule

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

         e.   Summer Tutoring: While The Algebra Man does not provide summer tutoring June-July, he may provide sessions during

               early August to provide students a jump-start and/or review prior to the upcoming school year. Before scheduling, please check

               his availability to see if he is offering sessions during this time. Since he may provide any and all materials, homework practice,

               and other online educational resources to further the success of the Student, please keep in mind the following:

               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. Unless the Student is enrolled in a separate school program, summer learning

                    will be 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 during the next session. Content will be reviewed, corrected,

                   and answers and understanding 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 Client requires these

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

                    either nearby or online and the Tutor can be there as the Student's resource.

          f.   The Tutor may assign any of his/her duties or obligations under these terms and conditions to a third party only after

                sufficient notice and written communication has been provided to 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.   Client agrees to The Algebra Man's Terms and Conditions upon original sign-up of any session/package.

               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 as much notice as is possible 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 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.   Client understands that for all students who are interested in tutoring outside of the regular school year,

                so that the curriculum, timeline, and academic goals are clear for everyone, the student MUST be undertaking

                a math course of some kind so that The Algebra Man's tutorial service can be best utilized as a supplement.

         c.   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.

         d.   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.
         e.   Excessive Cancellations/Schedule Changes: If an unrealistic number of cancellations/schedule changes occur

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

                during the same school year, 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.
         f.    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 day these Terms and

                     Conditions are accepted.

         ​g.   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.

         h.   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.
          i.   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. Client

                     will be banned from the booking system.
          j.    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.
         k.    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.
          l.   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.
        m.   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].

 

    -End of Terms and Conditions-

-------------------------------------------------------

The Algebra Man is looking forward to working with you!

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