Policies and Procedures Agreement and Release of Liability Form

Meet and Greet Session

The initial session will be a meet and greet session.  This session, and all tutoring sessions, will take place at 341 W. 2nd Street, Suite #6 San Bernardino, CA 92401.  This session may include, but is not limited to:

• Identifying learning needs and strengths
• Identifying whether the session will be homework based and/or supplementary style
• Choosing a regular session schedule (time and day) and duration (1 hour, 1.5 hours, or 2 hours)
• The tutor and the student going over policies
• The tutor and the student will participate in a brief educational diagnostic assessment
• Preparing for the first session; student will need to bring:
  • Signed Procedures and Policies document
  • Payment for first block of 2 sessions
  • Copies of recent report cards
  • Student Questionnaire/Parent Questionnaire

First Official Session

The tutor and the student will meet at the set time duration identified in the initial meeting.  We may:

- Complete diagnostic assessments to determine student’s needs and strengths
- Review student’s previous work, tests and/or report cards
- Begin homework support and/or supplementary learning
- Set goals and begin strategy development.

The sessions are one-on-one with only the tutor and the student present. Parents/guardians and other students are not permitted to join in on the sessions.

Regular Sessions

During the regular sessions, the tutor and the student will work on the agreed upon program.  The tutor is not able to assist the student with graded assignments or take-home exams and quizzes.  The tutor can help the student understand underlying concepts and work through practice problems. 

For writing assignments, the tutor may only help the student work through their own ideas; all written work must reflect the student’s own thoughts, ideas, and decisions about structure and organization.  The tutor serves as a source of academic support, expertise, and encouragement to empower the student.

Payment

Individual Session (one-to-one sessions)

Correct payment is expected from the student for tutoring appointments.  The fee for tutoring appointments is $40 per hour.  Payments can be made by cash or preferably Zelle or check to Optimal Learning, Inc.  Payment for tutoring sessions must be made in advance.  Payments are made in blocks of 2 sessions; a session is the agreed upon regular time and duration the tutor and student will meet.

Example 1:  Session duration is 1 hour x 1 block = 2 hours x $40 = $80

Example 2: Session duration is 2 hours x 2 blocks = 4 hours x $40 = $160

The tutor will provide an invoice to the student for the block of 2 sessions and payment is due within 5 days of receipt.  Upon completion of the invoiced sessions, the tutor will provide a receipt detailing the dates that the sessions were completed.  A receipt may be provided before the sessions have been completed upon request.

Small group session (two to six scholar sessions)

Correct payment is expected from the student for tutoring appointments. The fee for tutoring appointments is $25 per hour. Payments can be made by cash or preferably Zelle or check to Optimal Learning, Inc. Payment for tutoring sessions must be made in advance. Payments are made in blocks of 2 sessions; a session is the agreed upon regular time and duration the tutor and student will meet.

Example 1:  Session duration is 1 hour x 1 block = 2 hours x $25 = $50

Example 2: Session duration is 2 hours x 2 blocks = 4 hours x $25 = $100

The tutor will provide an invoice to the student for the block of 2 sessions and payment is due within 5 days of receipt.  Upon completion of the invoiced sessions, the tutor will provide a receipt detailing the dates that the sessions were completed.  A receipt may be provided before the sessions have been completed upon request.

Cancellations

Notice of Cancellation:  The student is expected to give 72 hour advance notice of a session cancellation.  If the student does not give the proper 72 hour advanced notice for a cancellation, the cost of the session will not be refunded to the student.  If the student gives 72 hour notice of cancellation the session will be reimbursed or applied to the next block of sessions.  This will be agreed upon at the time of cancellation or at the next scheduled session.  If agreeable for both the tutor and the student, the session may be rescheduled.

Cancelling an appointment: To cancel an appointment, the student must contact the tutor by phone, leave a message, or send a text message.  E-mail is not acceptable.  The tutor will reply to acknowledge the cancellation and identify if the 72 hour advance notice policy has been breached.

Cancelling Enrollment/Agreement:

To cancel a course registration, students must email probertson@optimallearningtutoring.com between the hours of 7:00 am to 4:00 p.m. PST (Pacific Standard Time); Monday to Friday.  All cancellations of the agreement must be done in writing clearly expressing the stoppage of tutoring services at least 72 hours prior to the next schedule  Students will receive an email to confirm the cancellation.

Refunds

Please be aware that we will issue a refund ONLY if done so 72 hours BEFORE the start of a schedule tutoring session.  All other refund requests, including but not limited to, those made by students who cannot attend or use services, regardless of the student’s reason(s), will not be honored.  Should you chose to cancel one of the two pre-paid sessions after attending your first session, a refine for the remaining sessions will be issued, provided the next session(s) was (were) scheduled after  hours of the first session.  Exceptions may be made only in cases in which a student cannot attend due to serious illness or the death of an immediate member of the student’s family.  In these cases, official documentation may be required.

Lates and No-Shows

A Student/Tutor Does Not Show Up for an Appointment: In case of no-shows, tutors and students are only required to wait 15 minutes.  Parents/guardians must confirm that their child is with the tutor before leaving them at Optimal Learning, Inc. 

Late Tutor: If a tutor does not show up within 15 minutes of the appointment start time, the student is entitled to a refund.  If the tutor shows up 15 minutes, the student is entitled to the missed time.

Late Student: If a student does not show up within 15 minutes of the appointment start time, the tutor is entitled to get paid for their time.  If the student shows up 15 minutes late, the student will not be refunded for the missed time.

Leaving Early: If the student needs to leave early, the tutor will charge the full session rate and is under no obligation to make up any missed time.  If the tutor needs to leave early, the student is entitled to the missed time.

Late Pick Up: Students are to be picked up promptly at the end of the tutoring session.  Late pick up minutes will be counted and accumulated.  Once an hour is reached, payment is expected.  The tutor will not leave students under the age of 16 alone at the agency.

No Warranties/Guarantees

While we endeavor to provide the best educational services possible, Optimal Learning, Inc. makes no promises or warranties with regards to a student’s performance as a result of any tutoring provided.  In no event shall our obligations, expressed, or implied, to any customer or site user, exceed those obligations specifically noted herein.

 

We reserve the right to refuse service to anyone for any reason at any time.

In consideration of agreement to permit me, or in the case of minors, my son or daughter (also referred to herein as “my child” or “minor child”) to participate in the tutoring program Optimal Learning, Inc. a California nonprofit public benefit corporation, referred to herein as (the “Program”), and as consideration for the rights to participate in the Program, I hereby, for myself, my heirs, executors, administrations, assigns, or personal representatives, knowing and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Program, and do hereby release and forever discharge the person(s) providing tutoring (the “Tutor(s)”), the person(s) being tutored (the “Student(s)”, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, facilitators, go between, introducers, persons matching Tutors to Students, and/or referral sources (collectively, the “Parties” and individually each “Party”), for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I and/or my son or daughter may suffer as a direct result of their/my participation in the aforementioned Program.

VOLUNTARY CHOICE 

I desire to participate in the Program and have decided to do so of my own free will and not due to any inducement or duress whatsoever. I understand that part of the consideration for being allowed to participate in the Program is my entering into this Agreement. I agree that Optimal Learning, Inc. and its directors, officers, employees, volunteers, agents and assigns (collectively referred to herein as the “RELEASED PARTIES”) are not responsible for the acts or omissions of any third party, that provides services in relation to the Program and that I have been provided adequate opportunity to review and research the background and qualifications of such persons and entities. 

ASSUMPTION OF RISK 

I HEREBY PERSONALLY ASSUME ALL RISKS OF EVERY KIND ARISING OUT OF OR ASSOCIATED WITH MY PARTICIPATION IN THE PROGRAM INCLUDING, WITHOUT LIMITATION, THE RISKS OF BODILY INJURY, DEATH, AND OTHER DAMAGES to myself, my property or the property of others, whether such risks are foreseeable or unforeseeable, and whether they are caused by the negligent acts or omissions of any of the RELEASED PARTIES. I KNOW AND FULLY APPRECIATE THAT MY PARTICIPATION IN THE PROGRAM EXPOSES ME TO RISK OF SERIOUS PERSONAL INJURY OR DEATH AND I VOLUNTARILY ASSUME SUCH RISK. 

RELEASE AND WAIVER OF ALL CLAIMS 

For valuable consideration including, but not limited to, the opportunity to participate in the Program, I for myself and for the Releasors, HEREBY EXPRESSLY RELEASE, DISCHARGE, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST, AND WAIVE TO THE FULLEST EXTENT POSSIBLE, ALL CLAIMS AND POTENTIAL CLAIMS FOR PROPERTY DAMAGE, PERSONAL INJURY, DEATH, AND OTHER DAMAGES OF EVERY KIND INCLUDING DIRECT, INDIRECT, AND CONSEQUENTIAL, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER ARISING FROM NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, including, but not limited to any claims arising from the acts or omissions of any third parties, that provide services in relation to the Program whether such third party service providers are selected by me, the Released Parties, or any other party, which I or the Releasors may presently or at any time in the future possess against RELEASED PARTIES arising out of or in connection with the Program.

COVENANT NOT TO SUE 

I agree never to pursue any claim or institute any lawsuit or action at law, in equity, or otherwise against any of the RELEASED PARTIES, nor initiate or assist in the prosecution of any claim or cause of action for damages or injury, that I or the Releasors may have either now or at any time in the future, by reason of any loss or injury (including death) to my person or property relating to or arising out of the activities contemplated by or in this Agreement and my participation in the Program. 

USE OF NAME, IMAGE, LIKENESS ETC. 

I hereby grant permission to the RELEASED PARTIES to photograph, film, videotape and record (collectively “Record”) me, free of charge, as it relates to my participation in the Program, and I acknowledge and agree that the RELEASED PARTIES and their representatives shall have the unlimited world-wide right to copyright, use, reuse, publish, republish, broadcast and otherwise distribute all such Recordings in which I may appear on any and all media now known or hereafter devised including, without limitation, radio, television, electronic, internet websites, social media, and in any print materials in perpetuity without compensation and free of charge. 

JURISDICTION AND VENUE 

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California. Any and all actions, suits, or judicial proceedings upon any claim arising from or relating to this Agreement shall be instituted and maintained in the State of California. Each party waives the right to change of venue, or to file any action, suit or judicial proceeding in federal court. 

ACKNOWLEDGEMENT 

I agree that my signature, below, is my acknowledgement of the contents of this Agreement and is my legally binding agreement to, and acceptance of, this Agreement’s provisions. I also acknowledge and agree that my signature and participation in the Program constitutes my voluntary agreement to abide by the rules of the Program, which may be unilaterally revised or modified by the RELEASED PARTIES in their sole discretion. 

MINORS: IF UNDER 18, SIGNATURE OF PARENT OR GUARDIAN IS REQUIRED 

The undersigned parent, being the natural or legal guardian of the child named below, does hereby represent that he/she (they) is (are), in fact, acting in such capacity, has fully read and understands the terms of this Agreement and the risks assumed in allowing a child to participate in the Program, consents to and grants permission for the child’s participation in the Program, and agrees to be bound by all of the provisions of this Agreement. The undersigned further agrees to indemnify, defend, save and hold harmless each of the RELEASED PARTIES from all loss, liability, damage, cost or claim whatsoever arising out of, related to, or resulting from the child’s participation in the Program or breach of this Agreement.