Terms & Conditions - English, Math & More

Learning Services Terms and Conditions

Please, read thoroughly and be sure to ask questions about anything that seems unclear.

Items in black apply to everyone, including customers connect via third-party platforms. Items in orange only apply to students who come to me directly–not through third-party platforms.

This agreement applies to all services related to learning-related services, including but not limited to private tutoring, private test preparation, and private English lessons.

Be open about your needs and preferences. All requests may not be accommodated, but every effort

will be made to do as much as possible to provide an optimally productive and enjoyable experience.

Be yourself, have a good time, but still be prepared to work.

Get a three-ring binder and some lined paper. Label the front, back, and spine of the binder. This binder is for tutoring, only. You’ll be expected to takes notes, and this is where your notes will be kept.

Be ready to do your very best. Be on time. Bring your materials. Have your assignments ready (if you are assigned homework). Be willing to participate, even when lessons are difficult or you think something I ask you to do is stupid or seems to contradict something you learned somewhere else.

If you pay for homework,and the homework does not get done, in addition to being required to complete the assignment during your scheduled session, you may, also, be required to do extra homework. Having homework canceled may be an option, too.
NOTE: It’s better to have incomplete homework than homework you’ve rushed to finish just to have something written. The latter counts as incomplete homework.
I don’t take a fast food approach to success. Examples of fast fooding are abandoning a topic because you’ve been tested on it already, squeezing a lot of information into sessions because you’ve moved up your test date, expecting me to ask your permission to issue a suspension (for your child), studying only what you think is important, inconsistently scheduling or attending sessions, or expecting me to tolerate or encourage other behavior or habits that negatively impact your ability to get the results you need.
We have a business relationship, but I can’t help you get what you want if I simply do what you want to do or if I allow you to do what you’re used to doing, just because you’re paying me.

We’re partners. We have to work together, and (as mentioned in a previous note) we’ll need to try different approaches.

If you have a demanding schedule, it may be necessary for you to abandon, temporarily, some of your activities so that you’ll have the mental and physical energy you need to do as well as possible in achieving your learning goals.
Please, refrain from hiring another tutor or leaning on outside programs that teach material you’ve hired me to help you learn. Another tutor’s or program’s methods may contraindicate mine, and our time and efforts may go to waste.

Please, understand that I get personal satisfaction from helping my customers do well. If, at some point, you seem unwilling to do what’s asked to help you move forward, you don’t seem to take our time together seriously, or you create problems that become impossible for me to solve, I may ask that we terminate our business relationship. Likewise, if I seem to sabotage our arrangement, feel free to let me go.

Open all emails. If necessary, respond (as soon as possible).
Unless your lesson requires otherwise, do not use your phone. (Exceptions can be made.)
For English language learners: if you cancel an outing, regardless of lead time, you may be dropped as a customer. Your payment will not be refunded.

If you exhaust your last-minute cancelation allotment, andyou need to reschedule or cancel a session

—for any reason—call or email within 36 hours of your appointment (1-510-495-0687; kcarr@englishmathmore.com). Failure to do so equals forfeiture of that planned time. Your payment will not be refunded. Emailing is best.

If I cancel or reschedule your lesson, sans a 36-hour notice, you are entitled to a free lesson for an amount of time equal to that for which I cancel or reschedule.
Neither I, nor any other representative of English, Math & More, is responsible for any losses or damages suffered by students. You will never be asked to do anything potentially damning, and when meeting or going into the field, you are expected to follow the same common sense rules you would follow if you were going out for strictly social reasons.
Itineraries are based on student need, ability level, time of availability, and amount of payment. No two experiences may be the same. That being noted, please do not feel cheated if your program activities differ from those of other students.

Preferred appointment slots will become standing ones once I become confident in your ability and willingness to honor your appointments and do your best. Rest assured that I’ll regularly appear and do my very best.

If you’ve chosen to work with me or English, Math & More via a third-party platform, you’ll pay more than students who come to me directly to offset costs associated with paying those platforms. You are not being cheated.
Third-party platforms may add a surcharge to the total bill you receive from English, Math & More. Please, account for this charge when budgeting.

Payments must be received before your study dates are finalized.
If you choose to post reviews, be honest. Good or bad, honest reviews give other customers realistic expectations. They also give me information about my strengths and weaknesses. You do want me to be great, don’t you? That won’t happen if you don’t open my eyes to the things you dislike. Criticizing me may make us both uncomfortable, but it helps me tremendously. However, if your perception of my services is a flawless one, I’ll just have to live with that, won’t I?

Yelp: If you’re a Yelper, and you want to share a Yelp review, please make sure you’ve already posted–or will post–reviews for a few other businesses. If you don’t, it seems that Yelp’s system flags these reviews as fakes. Additionally, make sure you have a photo posted.
Google: If you’re a Googler, and you want to post a review, do so here:
https://g.page/r/CXZQOe945fX_EAI/review

I’m new to the Google review space, so I’m not sure what landmines may be afoot.

If there’s anything you’d like to add, let me know.

Wordsmithing Terms and Conditions

AGREEMENTS made between you (“Customer”) and Kenisha Carr or English, Math & More (“Consultant”), IN CONSIDERATION OF the mutual covenants, terms and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:

Agreement applies to all services related to writing and its modifications, including but not limited to proofreading, editing, writing, and transcription.

Before services are performed, you will receive an outline of requested services, exact specifications, a financial quote, timeline reflecting commencement and completion of specific milestones and deliverables, and the exact obligations of Consultant and Customer.

Deposit equal to 50% of quote is due to Consultant, from Customer, before any work begins. The remaining balance is due upon order completion and before refined deliverables are returned to Customer. If the remaining balance goes unpaid, Customer will not receive refined deliverables.

Sales are final.

Customer is empowered to identify errors and state grievances.

Consultant reserves the right to refuse Customer’s job.

Consultant reserves the right to refund Customer’s deposit and walk away from a job.

Agreement must be reviewed, questioned, and signed before work commences.

Confidential Information.
- (a) For the purposes of this agreement, the term “Confidential Information” means all information disclosed to, or acquired by, Consultant, its employees or agents in connection with, and during the term of this agreement which relates to Customer’s past, present and future research, developments, systems, operations and business activities, including, without limiting the generality of the foregoing:

(i) all items and documents prepared for, or submitted to, Customer in connection with this agreement, and

(ii) all information specifically designated by Customer as confidential;

(iii) but shall not include any information which was known to Consultant, its employees or agents prior to the date hereof, or which was publicly disclosed otherwise than by breach of this agreement.

(b) Consultant acknowledges that pursuant to the performance of its obligations under this agreement, it may acquire Confidential Information. Consultant covenants and agrees, during the term and following any termination of this agreement, to hold and maintain all Confidential Information in trust and confidence for Customer and not to use Confidential Information other than for the benefit of Customer. Except as authorized in writing by Customer, Consultant covenants and agrees not to disclose any Confidential Information, by publication or otherwise, to any person other than those persons whose services are contemplated for the purposes of carrying out this agreement, provided that such persons agree in writing to be bound by, and comply with the provisions of this paragraph. Consultant shall obtain similar covenants and agreements to those contained in this paragraph for the benefit of Customer from each of its employees or agents who are, or may be, exposed to Confidential Information.

Rights in Data.
- (a) All of the items prepared for or submitted to Customer under this agreement shall belong exclusively to Customer. Consultant hereby assigns to Customer the ownership of copyright in the items and Customer shall have the right to obtain and hold, in its own name, copyrights, registrations and similar protection which may be available in the items. Consultant shall give Customer or its designees all assistance reasonably required to perfect such rights.

(b) To the extent that any pre-existing materials are contained in the items, Consultant grants to Customer an irrevocable, non-exclusive, worldwide, royalty-free license to (i) use, execute, reproduce, display, perform, distribute (internally or externally) copies of, and prepare derivative works based upon the items and (ii) authorize others to do any, some or all of the foregoing.

(c) Consultant shall have the right to publish any information resulting from its performance under this agreement in a manner which preserves Customer’s copyright in the items, after obtaining Customer’s prior written approval, which approval shall not be unreasonably withheld; provided that any such approval may be conditional upon reasonable alterations or deletions to ensure that Confidential Information is not published. Consultant agrees to delay publication of any invention which Customer has decided to, or is in the process of deciding to, seek patent protection for a period not to exceed six (6) months from the date that such material is disclosed to Customer for approval.

(d) No license or right is granted to Consultant either expressly or by implication, estoppel or otherwise, to publish, reproduce, prepare derivative works based upon, distribute copies of, publicly display, or perform, any of the items, except pre-existing materials of Consultant, either during the term or after termination of this agreement.

Warranties. Consultant represents and warrants as follows:

(a) That it is under no obligation or restriction, nor will it assume any such obligation or restriction, which would in any way interfere or be inconsistent with, or present a conflict of interest concerning services to be furnished by it under this agreement.

(b) That all items delivered to Customer pursuant to this agreement are original and that no portion of such items, or their use or distribution, violates or is protected by any copyright or similar right of any third party.

(c) That any information disclosed by Consultant to Customer is not confidential and/or proprietary to Consultant and/or any third party.

Notices. All notices, requests, demands or other communications required by this agreement or desired to be given or made by either of the parties to the other hereto shall be given or made via electronic mail, personal delivery, or by mailing the same in a sealed envelope, postage prepaid, registered mail, return receipt requested, and addressed to the parties at their respective addresses set forth above or to such other address as may, from time to time, be designated by notice given in the manner provided in this paragraph.

Compliance With Laws. Consultant agrees that it will comply with all applicable laws, ordinances, regulations and codes in the performance of its obligations under this agreement, including the procurement of permits and certificates where required. Consultant further agrees to hold harmless and indemnify Customer against any loss or damage to include reasonable solicitor’s fees that may be sustained by reason of the failure of Consultant or its employees, agents or subcontractors to comply with such laws, ordinances, regulations and codes.

Entire Agreement. This agreement sets forth the entire agreement between the parties hereto in connection with the subject matter hereof. No alteration, amendment or qualification of this agreement shall be valid unless it is in writing and is executed by both of the parties hereto.

Severability. If any paragraph of this agreement or any portion thereof is determined to be unenforceable or invalid by the decision of any court by competent jurisdiction, which determination is not appealed or appealable, for any reason whatsoever, such unenforceability or invalidity shall not invalidate the whole agreement, but the agreement shall be construed as if it did not contain the particular provision held to be invalid and the rights and obligations of the parties shall be construed and enforced accordingly.

Further Assurances. The parties hereto covenant and agree that each shall and will, upon reasonable request of the other, make, do, execute or cause to be made, done or executed, all such further and other lawful acts, deeds, things, devices and assurances whatsoever for the better or more perfect and absolute performance of the terms and conditions of the this agreement.

Successors and Assigns. Consultant shall not assign this agreement or any interest herein or subcontract the performance of any Services requested by Customer.

Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of California.

Relationship. Consultant shall perform services as an independent contractor. Nothing contained in this agreement shall be deemed to create any association, partnership, joint venture, or relationship of principal and agent or employer and employee between the parties hereto or to provide either party with the right, power or authority, whether express or implied, to create any such duty or obligation on behalf of the other party. Consultant also agrees that it will not hold itself out as an affiliate of or partner, joint venturer, co-principal or co-employer with Customer, by reason of the Agreement and that Consultant will not knowingly permit any of its employees, agents or representatives to hold themselves out as, or claim to be, officers or employees of Customer by reason of the Agreement. In the event that Customer is adjudicated to be a partner, joint venturer, co-principal or co-employer of or with Consultant, Consultant shall indemnify and hold harmless Customer from and against any and all claims for loss, liability or damages arising therefrom.

Construction. In this agreement, except as otherwise expressly provided, all words and personal pronouns relating thereto shall be read and construed as the number and gender of the party or parties referred to in each case require and the verb shall be read and construed as agreeing with the required word and pronoun.

The division of this agreement into paragraphs and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this agreement or any of its provisions.