STATEMENT OF WORK FOR SERVICES Subject to the terms and conditions of this Agreement, Strive to Learn agrees to perform the services requested by the Client as described in Schedule 1: Tutoring and Test Prep Pricing Sheet (the “Services”), which sets forth the Services to be provided by Strive to Learn as well as the applicable fees to be paid by the Client. The parties may amend the scope of Services for such additional consideration as the parties may mutually agree in writing.

PERFORMANCE Strive to Learn agrees to perform the Services either online or in person, at a mutually agreeable time conducive to the Student’s schedule. However, notwithstanding any clause in this Agreement to the contrary, Strive to Learn expressly disclaims all express or implied warranties and guarantees with respect to the performance of professional services. 

1. Should in-person sessions be desired, the Client agrees to abide by additional terms and conditions as set forth in Exhibit A: In-Person Tutoring Additional Terms and Conditions Re: COVID-19 protocols. 

2. Strive to Learn is committed to providing a safe and inclusive learning environment for all families, regardless of gender identity, sex, age, religion, or race. Should you have any concerns please contact a manager directly at (949) 873 - 6807 or email us at info@strivetolearn.com. 

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PAYMENT The Client understands and accepts that they are solely responsible for any charges and fees incurred by Student with respect to the Services provided under this Agreement. Client shall not expect and Strive to Learn is not responsible for the collection of any charges and fees from any person other than the Client. In the event of a co-parenting situation or where multiple households join a group session, it will be the sole responsibility of the Client to make payment of all charges and fees specified in this Agreement and make arrangements for payments or reimbursement from any third parties with whom Client has agreed to share the Services. 
 

1. Client agrees to provide Strive to Learn with a valid debit or credit card at all times and will ensure that Strive to Learn has the most current billing address and information. In the event that this information should change, the Client must inform Strive to Learn immediately. 

2. The Client hereby authorizes Strive to Learn to charge the Client’s card on file for the full balance due prior to the start of each session, unless otherwise agreed to in writing. 

3. Any services rendered that are not prepaid will be charged to the card on file. 

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INTEREST RATE ON OVERDUE BALANCES In the event that a session or Service is unpaid prior to being rendered, Strive to Learn will issue an invoice to the Client after which payment is immediately due and payable by the date indicated on the invoice. If payment in full on any invoice is not received by Strive to Learn by the invoice due date, an interest charge on the unpaid balance will be assessed at the rate of .8333% interest per month (10% per year) or the maximum rate allowed by law. 

1. This unpaid balance is determined by taking the beginning balance of the Client’s account for each month, adding any new charges and subtracting any payments made to the Client’s account. Strive to Learn will then multiply this amount by the .8333% monthly periodic interest rate to compute the interest charge on any unpaid amounts reflected on the Client’s account for a given month. 

2. Furthermore, Strive to Learn reserves the right to suspend any Services until all unpaid amounts and interest accrued thereon are paid in full and the Client’s account is brought current. 

3. Failure to pay the outstanding amount within 60 days when due will be deemed a breach of this Agreement. Client shall pay all costs incurred by Strive to Learn, including without limitation reasonable attorneys' fees and incidental costs, in any collection or attempted collection or any action brought by Strive to Learn to enforce (i) the obligations of Client hereunder and (ii) the payment and performance of Client's obligations under this Agreement. 

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​NO REFUND POLICY Client acknowledges that no refunds will be issued. However, Strive to Learn will convert any unused prepaid sessions into a general credit balance on your account. The Client will continue to maintain a credit balance in their account, which can be used for further Services in the future as requested by Client for a period of up to one (1) year from the date of payment by Client. 

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TERMINATION OF SERVICES Should the Client wish to terminate their services and any future installments, the Client agrees to notify Strive to Learn in writing via email at info@strivetolearn.com. Strive to Learn will determine how much of the Client's package balance remains by calculating all prior sessions rendered at the hourly rate. The total for these services will be deducted automatically from any installments or payments made. Any remaining balance will be added as an available credit balance to the account. However, if Strive to Learn's services exceed what has been previously paid, the Client agrees to pay the remaining balance owed in full upon the termination of this agreement. 

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ZERO TOLERANCE POLICY Because Strive to Learn’s refund policy is clearly stated and agreed upon prior to completing payment for services, the Client understands that Strive to Learn has a zero-tolerance policy to chargebacks (actual or threatened) from the Client’s credit card. In the event that a chargeback is placed on a purchase, or a chargeback threat is issued during or after services, Strive to Learn reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

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INSTALLMENTS Strive to Learn offers Clients a series of installment packages for our subject tutoring and test prep packages for an additional cost of $4 per installment. The Client understands that by choosing an installment plan they are agreeing to having their card automatically charged for their next installment when their tutoring hour balance reaches zero, or on a monthly basis, until the balance due has been paid in full. For hourly services, payment will be due at the time of service.

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CANCELLATION & RESCHEDULING POLICY The Client agrees to cancel or reschedule their session by clicking on the cancelation hyperlink or by texting Strive to Learn at (949) 873-6807. All rescheduling or cancellations requests must be made at least 24 hours prior to the scheduled session or the full cost of the session will be charged automatically.

1. The Client understands and authorizes Strive to Learn to automatically charge the Client’s credit card on file if the Client incurs a cancellation fee. 

2. In the event that the Client becomes aware that the Student presents COVID-19 symptoms within 24 hours of a scheduled in-person session, Strive to Learn may waive the cancellation fee if notified at least 2 hours prior to the scheduled start time. 

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LESSON MATERIALS The Student (and therefore the Client) understands and agrees to provide Strive to Learn with any and all materials, such as notes or assignments, needed 24 hours prior to their session to allow the tutor maximum preparation time. The Student agrees to submit these items to their tutor directly via text, email, or they can upload their documents into their google drive.
 

STANDARDIZED TESTING The Client and Student understand that it is their sole responsibility to

register for any official test dates and that Strive to Learn does not register on the behalf of any Student or Client. To register for the SAT test date, go to www.collegeboard.org and for ACT testing, go to www.ACT.org. 

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RESPONSIBILITIES The Client acknowledges that the following list remains the sole responsibility of the Student and that failure to adhere to this list impedes Strive to Learn’s abilities to perform agreed-upon services to the best of their abilities: 

1. The Student and Client must disclose all of the Student’s academic and psychological history, including report cards, official score reports from standardized tests, disciplinary history, IEP, and 504 plans, if applicable. 

2.  The Student and Client must maintain consistent communication with Strive to Learn.

3. The Student and Client understand that Strive to Learn will assign various tasks and that the Student and Client, if applicable, must complete those tasks by the stated deadlines. 

4.  The Student must maintain communication with their school counselor and follow the requirements of the high school guidance office. 

5. The Student is responsible for sending official test scores to colleges if needed. 

6.  The Student is responsible for securing academic and personal recommendations. 

7. The Student is responsible for completing and submitting their college applications 

8.  The Student must monitor the status of their application and advise colleges of their intentions to enroll. 

9. The Student agrees that all college essays and other writings for their application must be their own original work. 

10. The Student and Client agree to only deposit funds to one college or university, and that depositing funds remains their sole responsibility. 

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CONFIDENTIALITY & RECORDS Strive to Learn agrees to keep and maintain adequate and current written records of the Student’s sessions and learning progress, which it will share with the Client.

NO SOLICITATION OF EMPLOYEES The Client agrees that, during the term of this Agreement and for a period of twelve (12) months thereafter, the Client will not solicit or induce any employee or independent contractor of Strive to Learn to terminate or breach any employment, contractual or other relationship with Strive to Learn. 

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WHOLE AGREEMENT This agreement constitutes the entire understanding between the parties with regard to the subject matter thereof. This Agreement replaces and supersedes any prior verbal understanding, written communications or representations made by the parties regarding the subject matter contained in this Agreement. This Agreement cannot be modified, rescinded or supplemented, except in writing signed by both parties. 

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MINORS Where the Student is a legal minor, the Parent/Guardian shall enter into this tutoring contract on behalf of the Student and shall accept and agree to all the terms and conditions contained herein on behalf of the Student.

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SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect. WAIVERS. The failure of either party to insist upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect. 

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NO PARTNERSHIP This Agreement does not create a partnership relationship, nor any sort of independent contractor relationships. The Client does not have authority to enter into contracts on Client's behalf. 

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APPLICABLE LAW/VENUE. This Agreement will be governed by California law. The parties agree that any action under this Agreement will be brought in Orange County, California.