CLIENT SERVICE AGREEMENT

This agreement (the “Agreement”) between you (“Client”) and Ramsey Tutoring LLC (dba Smith Street Workshop) (“SSW”), a New York Limited Liability Company, outlines the terms and key SSW policies for providing our tutoring services.


1. Tutoring Services.

SSW will provide Client with a tutor for in-person tutoring services in the academic subject(s) of Client’s choice according to the terms of this agreement and SSW’s policies (below).

2. Scheduling.

SSW, the tutor, and Client will agree on the time and date of each tutoring session (each, a “session”) in advance.

3. Fees and Payment Policies.

Client will receive a request via email to provide payment information  before  the first session.  Payment information must be provided prior to the first scheduled session. The first tutoring session will not be considered confirmed until payment information has been provided. Client will be automatically billed for all sessions with the credit card payment information provided and will receive a receipt via email after each payment. Payments are non-refundable. 

Client agrees to pay SSW for the entire time scheduled. In the event that during the session the tutor and Client agree to extend the session beyond its originally-scheduled duration, Client agrees to pay SSW for the entire actual session duration. Payment is due in full regardless of if: (1) the student arrives late or leaves early, or (2) the tutor arrives late or leaves early as a result of something within Client and/or student’s sole control. If the tutor is late or leaves early through no fault of the Client and/or student, the tutor and Client will mutually agree to either fulfill the scheduled duration of the session by extending beyond the expected end time (if a late arrival),to prorate the fee based on the actual duration of the session, or to reschedule to make up for the missed time.

4. Cancellation Policy.

(i) A session may be cancelled at any time without charge provided the session was canceled at least 24 hours before the scheduled start time. Cancellations with less than 24 hours' notice will incur a full lesson charge. 

For reschedule requests with more than 24 hours' notice: Client is allowed 3 cancellations per semester. Cancellations will be applied as a credit towards future sessions if makeups are unable to be scheduled. To cancel or reschedule a session, please contact Info@smtihstreetworkshop.com

(ii) According to New York State Guidelines, SSW will be  mandated to close and discontinue in-person (in-home or on-site) instruction if the rate of COVID19 infection rate in NYC rises above 9%. If the Workshop is mandated to close because of a government mandate or order, all in-person tutoring sessions will shift to virtual instruction. 

 5. Supervision and Setting Policy for At-Home Tutoring. 

For In-Home tutoring sessions scheduled to take place at Client’s residence or location other than the Workshop, a parent or other adult (over 18 years of age) responsible for the student must be present. The adult must be able to hear and immediately respond to the tutor or student at all times during the session. The parent or other adult does not need to be in the same room where the session is taking place, so long as the parent or other adult is able to be in a separate room and still hear the student(s) or tutor should they call out for the attention of the parent or other adult. Client agrees that tutors are prohibited from providing tutoring services unless such an adult is present throughout the duration of the scheduled session. In the event that no adult is present, or a present adult otherwise leaves the immediate present area during the session, the session will cease immediately, and full payment will be due for the scheduled time.

6. No Warranties.

While SSW is confident in the teaching abilities of its tutors, neither the tutor nor SSW makes any promises or warranties with regard to a student’s performance as a result of any tutoring provided. SSW expressly disclaims any and all warranties, promises, or guarantees, express or implied, related to this agreement and its tutoring services.

7. Non-Solicitation.

Client agrees that during the term of this agreement, and for a period of eighteen (18) consecutive months after the last tutoring session or termination of this Agreement, Client will not directly or indirectly, solicit, contact, engage, or attempt to solicit, contact, or engage any tutor, employee, or independent contractor affiliated with SSW for the purpose of obtaining services from such tutor, employee, or independent contractor that are competitive with SSW.

8. Termination. 

Either party may terminate this Agreement at any time with written notice to the other party. Client will be responsible for any outstanding balance due at the time of termination but will have no further payment obligations once that balance is paid in full, except as otherwise required herein.  

9. General Terms.

Client and SSW agree that: 

    1. SSW tutors are not employees of Client and are being engaged on an independent contractor basis only.

    1. This Agreement contains the entire understanding between the parties regarding the tutoring services and supersedes all previous agreements and understandings whether oral or written. The parties acknowledge that they are not executing this Agreement in reliance upon any promise, representation, or warranty not contained or referred to in this agreement or any addendums thereto.

    1. This Agreement may not be modified except in a writing signed by both parties. 

    1. This Agreement will be governed by the laws of the State of New York.  

10. Waiver and Release: 

Client understands that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization.  Client further understands that COVID-19 is extremely contagious and is believed to spread by person-to-person contact; and, as a result, federal and state health agencies recommend social distancing, proper sanitary practices such as frequent hand washing, and the use of face coverings, as well as other practices related to the containment of the spread of COVID-19.  Client recognizes that SSW is closely monitoring this situation, continues to provide updates and information to its tutors pursuant to current guidance, and has put in place reasonable preventative measures aimed to reduce the spread of COVID-19.   However, given the nature of the virus and the nature of the services provided pursuant to the terms of this Agreement, SSW cannot guarantee that either Clients or tutors will not become infected with COVID-19 or other infectious diseases during the course of (or as a result of) the services provided hereunder.  Clients also understand that the nature of the services provided hereunder may increase the risk of contracting COVID-19 to Client, Client’s family, tutor, and any other individuals in the household. Notwithstanding these risks, by entering into this Agreement and receiving the services provided hereunder, Client agrees not to assert, allege, threaten, file, make, or bring any claim, regardless of theory or legal basis, against SSW, its directors, officers, members, employees, agents, or tutors (the “Released Parties”), as a result of any losses, costs, expenses, or damages incurred or allegedly incurred by Client as a result of any suspected or actual positive COVID-19 diagnosis or COVID-19-related symptomatic episodes. Client expressly releases and discharges the Released Parties from any and all liabilities under such claims.  This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that New York law does not permit release by agreement.

11. COVID-19 Monitoring for In-Home Tutoring  

  1. On any day in which a tutor will be reporting to work in-person with Client or Client’s child, both the tutor and Client (for Client’s child) must first complete a COVID-19 daily screening questionnaire for symptom tracking via an app. The Screening Questionnaire must be completed prior to the tutor’s arrival at Client’s residence or location of in-person services. If it is determined by SSW that the tutor may not report to work (due to COVID symptoms, exposure, or a positive test), the tutor will be instructed to stay home and Client will be notified immediately. If it is determined by SSW that Client’s child may not attend the in-person tutoring session (due to COVID symptoms, exposure, or a positive test), SSW will notify Client immediately and the session will be cancelled. SSW will follow the protocols listed in Exhibit B “The Smith Street Workshop Covid Code of Conduct 2020-2021” to determine when the employee or Client’s child is permitted to return for in-person tutoring. Client will not be charged for cancelled sessions during any period of quarantine. 

  1. For In-Home tutoring (tutoring sessions that take place at Client’s residence or location other than the Workshop), it is agreed and acknowledged that Client shall be primarily responsible for compliance with federal, state, and local guidelines and regulations regarding individuals physically entering a workplace.  Client agrees and acknowledges that it is Client’s responsibility to, at a minimum:

      • Perform enhanced cleaning and sanitizing throughout location of in-person services on a strict daily schedule 

      • Ensure that the tutor, parents, caregivers, and student(s) are wearing a mask/face covering upon entry to the location of in-person services

      • Provide the tutor and student(s) with appropriate hand hygiene materials, such as soap, water, paper towels, as well as alcohol-based hand sanitizer with 60% or more alcohol for any situations where hand washing may not be feasible.

      • Complete a temperature check for student(s) (SSW will provide the thermometer and the tutor will be responsible for performing the temperature check) 

      • Support COVID-19 testing, contact tracing, quarantine, and isolation protocols (see Exhibit B “The Smith Street Workshop Covid Code of Conduct 2020-2021”)

      • Follow all safety requirements of the state and city authorities

(ii) Client will provide their child with sufficient supplies (e.g., notebooks, pencils, personal device to access online materials, etc.) so as to limit any sharing of materials between students or teachers. Students must use their own personal devices to access the Internet and remote learning materials (device must be provided by family).

(iii) Client acknowledges and agrees to the protocols related to contact, exposure, and contraction of COVID-19 listed in “The Smith Street Workshop Covid Code of Conduct 2020-2021”

(iv) For At-Home tutoring, the Client shall review  the New York State-mandated Safety Plan, which is attached as Exhibit A (the “Safety Plan”), notifying SSW of any and all concerns related to compliance with the Safety Plan, and otherwise agreeing to comply with the provisions therein.

To indicate your acceptance of and agreement to the terms and policies in this agreement, please complete and sign below. 

If you have any questions, please do not hesitate to reach out to us. We look forward to working with your family!