TERMS AND CONDITIONS
1. REPRESENTATIONS
The Student certifies that all the information provided is complete and correct. The Student or Parent/Guardian authorizes ClarityEd to charge his/her credit card, debit card, bank or PayPal account for the above amounts and as per the schedule, if any. The Student certifies that he/she is not an employee, owner or representative of any other test preparation, tutoring or admissions advisory company, and that he/she is registering in ClarityEd’s program solely to prepare for the above test or subject.
References in this agreement to “Student” shall include student, student’s parent, student’s legal guardian, student’s school or party paying. References to “ClarityEd” shall include the company, and all its faculty, employees, partners and affiliated companies, if any.
2. FEES
Payments shall be calculated at the fee rate per hour of test prep, tutoring or all its related matters as stated in the email or informed to the Student. A security deposit may be required at the beginning, depending on the risk, and this will be used towards payments for last lessons. For Private program session at a location that involves ClarityEd travel of more than 10 minutes, ClarityEd shall charge for the car mileage and the hourly rate for the travel time at the above hourly fee rate or agreed upon fee rate. Emergency meetings will incur 50% higher rate and charges. Fees and charges may be adjusted from time to time and shall become effective after having given the Student 7 days of notice or on issuing the invoice. Informing verbally or by email is an acceptable form of notice for price increase or contract time extension purposes only.
3. PAYMENT
Full payment is required before the beginning of the first class or agreed upon installment schedule for Private and iPrivate programs. Full payment for the respective session is required before the beginning of that session for the Private – pay as you go and iPrivate – pay as you go programs. The student’s failure to make timely payment may result in the discontinuation of services. If the Student continues to use ClarityEd’s services without filling a second enrollment form or the parent adds another sibling to classes without filling another enrollment form, the same terms listed in the first enrollment form continue to apply along with the new rate, with price increase, if any. Each late payment or default in payment incurs 100$ penalty fee per month and 2% monthly interest on unpaid balance.
PayPal, Debit Card and Credit Card methods of payment incur 5% additional processing fee. Each payment made by the student that is not honored by the Student’s bank, financial institution, processor or other, for any reason, will incur 100$ penalty fee, and the student will also be responsible for other costs associated with the debt collection, if any. If the Student uses any third-party processors for making payments, the Student is responsible for all the additional fees that they may charge and ClarityEd needs to receive the above quoted amounts after all these fees.
4. MEETING TIMES
Tutoring shall commence at the above start date and will continue until the above end date as per the schedule listed there or tutoring times shall be agreed upon via email, and they cannot be changed once agreed upon for the first time and a confirmation email has been sent by ClarityEd. All methods of conversation will count towards the meeting times, including, but not limited to, physical, online, phone, texting, email or chat room. Each phone, email, text, etc received or answered by ClarityEd’s faculty, excluding the ones before start of first session, will be treated as 15 minutes.
5. LATE ARRIVAL
Fees are calculated according to the times stipulated in the schedule and no adjustment shall be made for time lost because of late arrival or no show of the Student. Any lost time because of the late arrival of ClarityEd’s faculty shall be compensated for by extending a lesson by mutual agreement and by such amount of time that was lost.
6. PROGRAM CANCELLATION
The Student explicitly understands that ClarityEd’s programs are subject to cancellation due to changed conditions. ClarityEd may cancel lessons by giving 24 hours, or less in case of emergency, prior notice to the Student in which case no fees shall be incurred. Where a lesson was pre-paid, ClarityEd shall reschedule the appointment at a time agreeable to both parties, failing which the Student shall be refunded with such missed lesson fees.
7. SCHEDULE CHANGES
The Student understands that ClarityEd reserves the right to make changes or substitutions in cases of emergency, changed conditions and interest of the Student. In such a scenario, the Student will be notified of the changes via email or physically. No refunds will be given for any time and date changes. Refunds, for the remaining sessions, can only be requested in case of faculty change that the student is not happy with.
8. SESSION POSTPONING BY STUDENT
In Private or iPrivate program the Student may postpone a session, after the first class and once in 6 weeks, by giving at least 24 hours prior notice to ClarityEd via email only, in which case no tuition fees will be incurred. Lessons not attended by the student without giving 24 hours prior notice to ClarityEd or postponing sessions beyond allowed rate shall be charged at the fee rate. Postponing of a scheduled class is not allowed in any other program.
9. REFUNDS
Student can cancel the enrollment, by submitting a written request, and obtain refunds of the paid money under some scenarios. If the Student cancels the enrollment at least 30 days before the first scheduled program meeting, ClarityEd will give full refund, after deducting a 100$ adjustment fee. Some third party payment processors may not refund the processing fee that they charged initially and ClarityEd is not responsible for that. If the Student cancels the enrollment less than 30 days before the first scheduled program meeting or after the program has started, no refunds will be given. Agency contracts can never be cancelled after enrollment.
ClarityEd may charge materials fee in some cases. This is to cover its costs associated with research and curriculum development and class materials that are provided to the Student in each class. This fee is non-refundable, under any circumstances. ClarityEd does not sell materials. Materials, if any, will be given to the Student as the classes progresses only and not upfront.
Any refund of a credit or debit card payment will be issued to the same card used for that payment. If the prior card used is no longer active, ClarityEd will issue a refund by check within 30 days after receiving the notice.
10. CODE OF CONDUCT
In order to create an ideal learning environment for all Students, the Student agrees to maintain civil attitude in class, to not use inappropriate commentary or body language, to not send or receive text messages, phone calls or emails, to not play games on cell phone, laptop or other device, to not carry any side conversation in class, to not solicit students and/or faculty for any purpose and to not do any activity that would interfere with the class, based on commonsense standards.
ClarityEd shall make the best effort, in the time available, to improve the understanding of subject or subjects material by the Student. While ClarityEd will finish reviewing the test topics in the agreed-upon, quoted or estimated time for the group classes, in custom programs, 1-1 or individual, this may not be possible if the student’s preparation level is weak or the student slows the faculty down by asking too many questions, not doing the assigned work on time, etc.
11. CLASSES RECORDING
The Student agrees not to record ClarityEd’s classes in whole or in part, or store in a retrieval system, or transmit in any form or by any means, electronic, mechanical, audio, video, photocopying, or otherwise. The only exception to this recording is physical writing by the Student for his/her sole personal use.
12. ASSISTANCE
The Student agrees to assist ClarityEd in identifying problem areas in which the Student needs specific help and immediately bring to ClarityEd’s attention any problematic issues. The Student agrees that assignments, exercises, exams or homework given by ClarityEd form an integral part of tutoring and undertakes to complete such work timeously, and study hard.
13. ASSIGNMENT
The Student may assign his purchase of services to another Student only if approved by ClarityEd in writing.
14. CONFIDENTIALITY
The Student agrees to keep all information, spoken, written, digital or any other, obtained from ClarityEd and its faculty with reference to this program confidential and not to distribute, photo copy or sell to any third party. The Student agrees not to post any comments about ClarityEd on third party sites. If the Student’s account is not past due, ClarityEd shall keep confidential all information related to Student and shall contact other parties involved in the education of the Student only if given written permission by the Student to do so.
15. JURISDICTION
Both parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, USA, without giving effect to its conflicts of law principles. If ClarityEd is required to go to court to enforce the terms of this Agreement, then ClarityEd shall have the right to choose the appropriate court venue and entitled to attorney fees and/or any other costs incurred in said action.
16. SCORE GUARANTEE
The Student and Parent/Guardian explicitly understands that learning and exam scores depend on many factors beyond the test preparation or tutoring period and ClarityEd, and all these factors are not in ClarityEd’s control. Those factors that are in ClarityEd’s control, ClarityEd will guarantee results. That is, if the student attended all the classes punctually, has not been late to any class, if Private or iPrivate program has not cancelled or rescheduled any class, attended each class completely, paid full attention during each of the class lectures, cleared up confusing topics, finished all the homeworks and exams assigned to the student by the requested time, has been in good health, has no mental or family problems, if Private or iPrivate program has worked with ClarityEd for at least 20 hours and for at least five weeks, the exam was of usual difficulty level, there are no leaks of the exam or any other unfair events, took the exam to the best of his/her ability, took the standardized official exam within 30 days of finishing the classes with ClarityEd, and still the student’s score/performance on the official exam has not been higher than the student’s score/performance on the same official exam, most recent, before joining ClarityEd, ClarityEd will refund the full money paid or let the student retake the same class with ClarityEd at no cost to the student whatsoever. For the guarantee to apply, the student must provide official proof for each of the above things and request for a refund in writing within 7 days, that is, ClarityEd must receive within 7 days, after the exam result has been announced.
17. NOTICES AND ADDRESSES
All notices under this agreement shall be effective only if made in writing and delivered by first class mail and addressed as follows. If to ClarityEd: ClarityEd, 1321 Silas Deane Hwy, Wethersfield, CT 06109. If to Student: postal address provided to ClarityEd at the time of signup or email or text message.
18. WHOLE AGREEMENT
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 signed by both parties.
19. RELAXATION AND SEVERANCE
No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall 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. If any provision of this Agreement shall be held to be invalid, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not thereby in any way be affected or impaired.
20. ELECTRONIC SIGNATURES
Both parties agree that the transaction may be done in electronic form, and the records and electronic signatures will have full legal effect. They further agree that Student’s acceptance of this agreement via email or clicking on the “Acceptance of Terms” button on webpage will be considered as electronic signatures for this form.
21. NO EMPLOYMENT
Student will not solicit, employ or enter into any contract with any faculty or agent or another Student of ClarityEd to perform test prep, tutoring, similar or any other services under any circumstances without the express consent of ClarityEd. If Student employs or contracts with any faculty or another Student of ClarityEd or person who within one year of the date of such employing or contracting was employed or under contract with ClarityEd, Student will pay ClarityEd a placement fee of $5,000. Student will also be responsible for the collection costs of the above fee by ClarityEd, if any.
22. MINORS
Where the Student is a legal minor (less than 18 years of age), the Parent/Guardian shall enter into this enrollment contract on behalf of the Student and shall make decisions, and accept and agree to all the terms and conditions contained herein on behalf of the Student.
If the session is being done at home with a minor Student, an adult should always be present at the premises. Upon arrival of ClarityEd’s faculty, if there is no adult present, session may not be provided and the Student will be responsible for the fees for that session.
23. EFFECTIVE DATE
This agreement will be effective when received by ClarityEd and accepted by ClarityEd.
24. CONSENT AND RELEASE
If Student has any issue with ClarityEd’s Programs, Student must bring it to ClarityEd’s attention in writing immediately, else Student waives any right Student has towards it.
Programs or other activities may occur in schools, universities, hotels or other facilities not controlled by ClarityEd (“Third Party Facilities”). Student waives any claim against ClarityEd arising from Student’s use of Third Party Facilities, including claims related to the safety and security of third party facilities.
25. LIMITATION OF LIABILITY
Programs are provided “as is” and ClarityEd disclaims any and all express or implied warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy and non infringement. In no event shall ClarityEd be liable to Student for any consequential, special, punitive or incidental damages, even if ClarityEd has been informed of the possibility of such damages. In no event will ClarityEd’s total liability to Student exceed the amounts paid by Student for the program.
26. ASSUMPTION OF RISK, RELEASE OF CLAIMS AND HOLD HARMLESS AGREEMENT (COVID-19)
The parties to this Agreement are Participant (Student) and/or Participant’s parents or legal guardian, if Participant is under 18, all referred to hereafter jointly and severally as “Participant” and ClarityEd, its officers, faculty, agents, representatives, volunteers, students, independent contractors and employees (collectively referred to hereafter as “ClarityEd”) for test prep, after school, weekend school or gifted school program (all referred to hereafter jointly and severally as “Program”).
Assumption of Risk. Participant is a voluntary participant in this Program. Participant understands and agrees that the Program and any related activities may be dangerous, and that neither the Program nor ClarityEd can guarantee the safety of Participant. Participant is responsible for researching and evaluating the risks they may face and is responsible for Participant’s actions. Any activities in which Participant may take part, whether as a component of the Program or separate from it, have been undertaken with Participant’s understanding and acceptance of any and all risks involved, which include but are not limited to physical or psychological injury, pain, suffering, disfigurement, temporary or permanent disability, economic or emotional loss, property loss or damage, loss of income or career opportunities, and/or death. Participant understands that these injuries or outcomes may arise from their own or others’ actions, inaction, or negligence; conditions related to travel; or the condition of the location where the Program is taking place.
Participant understands they may face unique risks during the Program, and acknowledges that it is Participant’s responsibility to take every precaution to safeguard Participant’s health, safety and security, and the safety and security of their personal belongings and premises.
Nonetheless, Participant assumes all related risks, both known or unknown, whether or not listed above, of their participation in the Program, including travel to, from and during the Program.
Physical Condition. Participant attests that Participant is physically and mentally capable of participating in the Program, and living/traveling off the ClarityEd campus within or outside the United States, and has no known health or other restrictions that might jeopardize Participant’s safety or health or the safety or health of others during their participation in the Program. Participant gives permission for ClarityEd or its representative to provide immediate and reasonable emergency care should it be required. If ClarityEd learns that Participant is experiencing serious health problems or has suffered an injury, or is otherwise in a situation that raises significant health and safety concerns, ClarityEd may contact Participant’s emergency contact, and share Participant’s personal information and documents (including health information) with third parties in furtherance of protecting Participant’s health, safety or security. Participant agrees to hold harmless and indemnify ClarityEd from any claims, causes of action, damages and/or liabilities, arising out of or resulting from said contact, medical treatment or emergency care.
Participant agrees to be solely responsible for payment in full of all costs of medical or emergency care they may receive, including without limitation emergency evacuation services.
Waiver and Release of Claims. In consideration of being accepted into and/or participating in the Program, Participant agrees to and hereby does, for Participant and on behalf of Participant’s heirs, executors, administrators, employers, agents, representatives, insurers, and attorneys, release and discharge ClarityEd of and from any and all claims which may arise from any cause whatsoever, including claims arising from any negligent act or omission by ClarityEd or others. Participant further releases and discharges ClarityEd from liability for any accident, illness, injury, loss or damage to personal property, or any other consequences, arising or resulting directly or indirectly from Participant’s participation in the Program.
Indemnification and Hold Harmless. Participant hereby agrees to indemnify, defend, and hold harmless ClarityEd from any and all claims of injury, loss or liability whatsoever including reasonable attorneys’ fees and/or any other associated costs, that may arise as a result of participation in the Program. If ClarityEd incurs any of these types of expenses, Participant agrees to reimburse.
To the extent Participant chooses to enter or remain in a location before or after participation in the Program, engages in activities that are not part of the Program, or chooses voluntarily to end participation in the Program,
Participant recognizes and agrees that ClarityEd shall not be acting as their sponsor. If and to the extent Participant may cause or sustain personal injury or other damage to themselves or others, or damage or loss to their own or others’ property, Participant understands that neither ClarityEd, nor any of its employees, independent contractors, officers, directors, volunteers, and agents will be held responsible regardless of cause or fault.
Adherence to Standards. Participant understands and agrees to abide by all ClarityEd policies, rules, and regulations applicable to the Program, including without limitation ClarityEd’s policy posted on the walls.
Participant understands and agrees to abide by all laws, rules, regulations and public orders of the country, state or province, including the Center for Disease Control and ClarityEd guidance and policies, rules, and regulations applicable to the Program, including without limitation ClarityEd’s policies in the context of the Covid-19 pandemic posted on the walls.
Face coverings are required indoors for all individuals regardless of COVID-19 vaccination status. ClarityEd also strongly recommends masking outdoors. Social distancing of at least 6 feet is required indoors.
Participant should come to ClarityEd’s class location only one minute before the class start time and leave promptly after the class ends. Participant is not allowed to roam in the location during the class time.
If Participant develops any Covid symptoms, the Participant should not come to the Program, and Participant must inform ClarityEd of when Participant started showing symptoms.
Classrooms will be occupied at reduced capacity.
Severability. It is understood and agreed that, if any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or applications. To this end, the provisions of this Agreement are declared severable.
Termination of Participation. Participant shall not engage in inappropriate conduct. Participant understands that, in its sole discretion, ClarityEd or its representative may terminate Participant’s participation at any time, including during the Program. Such termination shall not diminish or otherwise alter Participant’s obligation to make any payment required for the Program, nor shall ClarityEd be required to make any refund for personal expenses incurred by the Participant.
Program Modification and Cancellation. ClarityEd reserves the right to cancel/modify the Program before/during its operation for any reason, including natural disasters, emergencies, low enrollment, or unavailability of facilities/personnel or compliance with ClarityEd policy.
Governing Law and Venue. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Connecticut. The venue for any action arising out of this Agreement shall be the County of Hartford, Connecticut.
Construction and Scope of Agreement. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. This Agreement is the only, sole, entire, and complete agreement of the parties relating in any way to the subject matter hereof. No statements, promises, or representations have been made by any party to any other, or relied upon, and no consideration has been offered or promised, other than as may be expressly provided herein. This Assumption of Risk, Release of Claims, Indemnification, and Hold Harmless and Agreement supersedes any earlier written or oral understandings or agreements between the parties.
Participant acknowledges that they have read this Assumption of Risk, Release of Claims and Hold Harmless Agreement, understands its meaning and effect, and agrees to be bound by its terms.