Mandarin Tots Tutoring Service Agreement

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This K–12 Tutoring Services Agreement (“Agreement”) is entered into between Mandarin Tots (“Company,” “we,” “us,” or “our”) and the parent or legal guardian (“Client,” “you,” or “your”) upon purchase of tutoring services or use of https://www.mandarintots.com/. By enrolling a student in tutoring services, you agree to be bound by this Agreement.

 

Fee Schedule:

All tutoring fees must be paid through Mandarin Tots invoices in advance of tutoring sessions. Fees are charged for scheduled time, not for outcomes. Direct payment to tutors or staff is strictly prohibited and any attempt to bypass Mandarin Tots’ billing system constitutes a material breach of this Agreement. All tutoring fees are non-refundable. Missed sessions are non-refundable and rescheduling is subject to tutor availability.

 

Nature of Service:

Mandarin Tots provides academic tutoring services for students in grades K–12, including but not limited to: Mandarin Chinese, mathematics, science, homework support, and academic enrichment and skill development. Tutoring may be provided in person or online, individually or in small groups, as determined by availability and agreement. Client acknowledges that: tutoring is educational support, not classroom instruction; tutoring supplements, but does not replace, school education; and tutors do not assign grades, administer official exams, or make placement decisions. Mandarin Tots does not provide special education services, psychological assessments, or diagnostic evaluations. Mandarin Tots reserves the right to substitute tutors as needed and tutors are assigned based on subject expertise and availability.

 

Client and Student Responsibilities:

Client agrees to provide accurate academic and scheduling information; ensure the student attends sessions on time and prepared; support the student’s learning outside of sessions; and maintain respectful conduct toward tutors and staff. Mandarin Tots is not responsible for lack of progress due to missed sessions, incomplete homework, or lack of participation. Students must comply with tutor instructions and safety guidelines. No recording of sessions without prior written consent.

 

No Guarantee of Results:

Client understands and agrees that: no academic outcome, grade improvement, test score, or placement is guaranteed; student progress depends on multiple factors, including attendance, effort, curriculum alignment, and learning style; and past student performance does not guarantee future results.

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Intellectual Property:

All lesson plans, materials, worksheets, recordings, and methodologies provided by Mandarin Tots are proprietary and for personal educational use only. Client may not copy, distribute, record, resell, or reuse Mandarin Tots’ lesson plans, materials, worksheets, recordings, and methodologies for commercial or instructional purposes.

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Waiver and Release of Liability/Indemnification/Limitation of Liability:

Mandarin Tots assumes no liability or responsibility for, and makes no representations or warranties about any information, credentials, materials, errors, omissions, services or referrals it provides to Client. Client understands and agrees that Client’s use of Mandarin Tots’ services is at Client’s own risk.  Tutoring services are provided on an “AS IS” and “AS AVAILABLE” basis. Mandarin Tots disclaims all warranties, express or implied, including: fitness for a particular purpose; accuracy or completeness of content; and educational results or academic advancement. By agreeing to the terms of this document, Client hereby agrees to indemnify, defend, and hold harmless Mandarin Tots and its owners, heirs, agents, employees, managers, officers, directors, attorneys, representatives and affiliated entities from any damage, claim, demand, investigation, lawsuit, liability, cost, or attorney fees arising from Client’s use of services of this Agreement. Client’s duty to defend begins immediately upon the assertion of any claim. Mandarin Tots shall not be liable for: indirect, incidental, consequential, exemplary, special, or punitive damages; lost wages and lost profits; and emotional distress or reputational harm experienced by the Client. If any portion of this clause is limited by law, liability is reduced to the maximum extent permitted.

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Privacy and Student Information:

Client acknowledges that tutoring services involve student information. Mandarin Tots agrees to handle personal and academic data with reasonable care. Client consents to the use of anonymized student examples for training or promotional purposes unless otherwise requested in writing.

 

Miscellaneous:

This Agreement shall be governed by the laws of the State of New York. Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in New York, conducted by a neutral arbitrator mutually selected or appointed by a recognized arbitration organization. Either party may terminate services upon written notice. Termination does not entitle Client to a refund for services already rendered or reserved. Mandarin Tots reserves the right to suspend or terminate services for disruptive, unsafe, or inappropriate behavior. This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or communications.