1. Purpose

This Policy details the terms and conditions between Empathetic Tutor LLC, the freelancer, and its clients, which must be upheld by both parties. It intends to inform clients of their financial and other obligations in exchange for services rendered by Empathetic Tutor LLC. This document outlines the scope and conditions of policies that apply to all business transactions henceforth.

2. Definition of Terms

2.1. Services - Refers to all services, tasks, and expertise provided by the freelancer to the client. Services include but are not limited to math instruction, chemistry instruction, testing tips, lesson planning, homework creation, grading, communication with teachers, and communication with clients.

2.2 Freelancer - Referring to the party performing the services at the client's request. The freelancer is an independent contractor whose obligations to the client are limited to the scope of the services offered. Any dispute between client and freelancer regarding freelancer responsibilities and obligations to the client shall be decided exclusively by Empathetic Tutor LLC.

3. Scope

This policy applies to all clients and their representatives and affiliates who shall be bound by this agreement with the freelancer to receive services. All individuals must abide by these obligations as per the rules and regulations set forth by this policy. Rules and regulations set forth by this policy are subject to change at any time without notice. Changes to this policy will be made at the sole discretion of Empathetic Tutor.

4. Payment Policy

4.1. Default Pricing - Client is obligated to pay Empathetic Tutor at the following rates per 60 minutes of rendered services: $40.00 per hour for elementary students (K - 5th grade), $45.00 per hour for middle school students (6th - 8th grade), or $50.00 per hour for high school/college students (9th grade +).

4.2. Forms of Payment – Empathetic Tutor preferred form of payment is Zelle but will accept Cash, Checks, or Credit/Debit payments. Credit/Debit payments must be made directly on www.empathetictutor.com via an invoice, pay link, purchased hours, and/or subscription plan.

4.3. Timeline – Client must pay 100% of required fee directly to Empathetic prior to rendering of services. Client will be given a 24 hour grace period after the end of the session to make payment. Should the client pay after this 24 hour grace period, a 25% late fee may be applied at the sole discretion of Empathetic Tutor.

4.4. Non-payment – Should Empathetic Tutor not receive 100% of service cost before the next scheduled service, the upcoming service shall be canceled. In such event, the client will be responsible for 100% of the cost of the canceled session. Should there be recurring issues surrounding payment, all late-fees and cancellation fees not previously rendered shall be automatically applied.

Empathetic Tutor may withhold services until receiving payment, permanently terminate the client-freelancer relationship, and/or involve law enforcement depending on the severity of problems surrounding non-payment. Should non-payment issues cause termination of the client-freelancer relationship initiated by client and/or freelancer, client is responsible for all outstanding balances, late-payment fees, cancellation fees, and 100% of the service cost of the upcoming session.

5. Subscription Plans

5.1. Subscription Definition – All clients have the option to pay for a set number of service hours per week henceforth known as a “subscription”. Utilizing a subscription will trigger an automatically weekly payment depending on the student age and number of hours selected. Subscriptions only affect payment frequency and does not alter any other policies, including pricing, outlined herein.

5.2. Billing – If client elects a subscription plan, client will be billed weekly in exchange for the defined number of service hours chosen by the client when purchasing subscription henceforth known as “weekly hours”. For example, clients selecting a plan for 2 weekly hours for a high school student, they will be charged $100.00 per week.

5.3. Accumulated Hours – Should the client subscribe to a plan in which they purchase more weekly hours than they schedule they will acquire an excess of unused service hours henceforth known as “accumulated hours.” Accumulated hours do not expire and can be used after cessation of the subscription without any additional charge nor penalties. Accumulated hours may be transferred to other students in the same family (i.e. – siblings) but may not be transferred to other families. Refunds for accumulated hours may be available at the sole discretion of the freelancer and shall be evaluated case-by-case.

5.4. Add-On Hours – In the event that a subscription client chooses to schedule additional hours not covered by their subscription plan, they will need to pay for these hours according to any of the accepted payment methods outlined in 4.2.

5.5. Cancellation – Clients have the right to pause and cancel their subscription at any time without explanation. This is available in their account under the billings tab (located under the settings). If the client is unable to carry out the online cancellations, the client may inform Empathetic Tutor via text, phone call, email, or in a tutoring session and Empathetic Tutor will cancel this subscription on the client’s behalf within 24 hours of notification.

6. Scheduling

6.1. Online Scheduling – All tutoring service sessions must be booked and confirmed online via acuity scheduling available at www.empathetictutor.com or by directly discussing with Empathetic Tutor.

6.2. Freelancer Cancellation – Should Empathetic Tutor need to cancel scheduled services for any reason including but not limited to availability, emergencies, health issues, etc. the session will be promptly rebooked. Empathetic Tutor LLC cancellation does not automatically grant a refund of services.

6.3. Client Cancellation – Client should inform Empathetic Tutor LLC of a need to cancel or reschedule services as soon as possible. Cancellation of services more than 24 hours prior to scheduled services results in no fees nor penalties. Such services may be rescheduled at client’s earliest convenience. In the event of cancellation within 24 hours of the scheduled services, 50% of service charge shall be retained as a cancellation fee. In the event of a no-call no-show, 100% of service charge shall be retained as a cancellation fee. This does not apply in the case of medical emergencies, family emergencies, or other such extenuating circumstances. In the case of a client repeatedly no-call no-showing an appointment 3 or more times, freelancer may permanently terminate the client-freelancer relationship.

6.4. Lateness Policy – Empathetic Tutor understands that lateness can happen on the part of the client. Therefore, Empathetic Tutor LLC offers a 10-minute buffer period at the beginning of appointments to ensure client receives full length of service. If the client arrives after the end of the buffer period, the full length of service cannot be guaranteed. For example, if the client arrives at 5:05 for a 60-minute 5:00 meeting, the service shall conclude at 6:05. However, should the client arrive at 5:15, the service will conclude at 6:10.

7. Tutoring Locations

7.1. Remote Tutoring Applications - All remote tutoring sessions will be conducted via Zoom. Client requires a free Zoom account and a device capable of accessing the internet (e.g. – laptop or tablet). Students shall receive a Zoom link invitation to the meeting either 24 hours prior to the meeting or when the meeting is scheduled, whichever happens later. Should the child be under the age of 10, parents are required to be in the same room as the child during the session to ensure the child remains present for the session and to assist in refocusing the child. All remote tutoring sessions with be recorded via Zoom for liability and safety purposes. Recordings shall be securely stored and remain in the possession of Empathetic Tutor. Recordings will only be accessible to Empathetic Tutor LLC and shall not be distributed to anyone including but not limited to clients, parents, other tutors, nor other clients. Recordings will not be posted online nor used for advertising purposes.

7.2. In-Person Sessions – All in-person sessions shall take place at a public library. Empathetic Tutor will not meet clients at their home under any circumstances. Due to the library being open to the public, Empathetic Tutor cannot guarantee a specific meeting location within the library each week. For example, we may be in a study room one week and at a table in the front the next week. For children in Elementary or middle school, parents are required to directly hand the child off to Empathetic Tutor at the beginning of the session and pick them up at the end. The parent is not required to stay at the library for the duration of the session. Should the parent be more than 10 minutes late to pick up the child, Empathetic Tutor may charge this extra time at the rates outlined in 4.1.

8. Referral Policy

Empathetic Tutor appreciates all referrals and wishes to give back to clients that refer new clients to Empathetic Tutor. When a new client signs up for tutoring, they should inform Empathetic Tutor of any referring individuals. After the new client purchases and receives at least 120 minutes of tutoring services, the referring individual will receive a complimentary 60 minutes of tutoring services. Each new client may only indicate one referring individual, and each referring individual may only receive 60 minutes of complimentary tutoring once per new client. However, should the referring individual refer to multiple clients, the referring individual may receive multiple complimentary 60-minute services so long as each new client meets the aforementioned criteria. This policy does allow for the referral of one sibling to another within families.

9. Liability

9.1. Internal Grades – Empathetic Tutor LLC does not and will not provide clients nor parents of clients with grades for a student.

9.2. External Grades – Empathetic Tutor LLC cannot guarantee a student receive a particular grade or score on any assessment including but not limited to: ACT, SAT, GRE, MCAT, AP test, homework assignment, quiz, test, exam, class, etc. Empathetic Tutor is not liable for any of these outcomes.

9.3. Position Acceptance – Empathetic Tutor LLC cannot guarantee anyone acceptance into any position, including but not limited to college, university, medical school, internship, externship, after-school program, honors society, etc. Empathetic Tutor is not liable for any of these outcomes.

9.4. Tutoring Emotional Outcomes – The goal of Empathetic Tutor is to improve student learning, increase appreciation for a school subject, and build student’s self-confidence. However, this is not possible to guarantee. Empathetic Tutor LLC is not responsible nor liable for any of the following including but not limited to students’ emotional state, opinion of math, opinion of chemistry, desire to perform classwork, absorption of material, attendance in school, attendance in tutoring services, anxiety, depression, self-confidence, motivation, mood, etc.

9.5. Medical Diagnoses – Empathetic Tutor is not a licensed mental health professional and cannot diagnose any mental health concerns nor learning disabilities including but not limited to: Autism, ADHD, General Anxiety Disorder, Major Depression, PTSD, Dyslexia, Dyscalculia, Test Anxiety, etc. Empathetic Tutor LLC is not responsible nor liable for any potential diagnoses nor medications of students in any capacity.

9.6. Academic Dishonesty – Empathetic Tutor encourages all students to follow every academic honesty policy. Should a student elect not to follow any school academic honesty policies (e.g. – cheating or plagiarism), Empathetic Tutor LLC is not liable nor responsible for the outcomes of these actions.

9.7. AI Usage – Empathetic Tutor encourages students to complete their schoolwork and homework without the use of AI. However, Empathetic Tutor LLC cannot guarantee students do not use AI for the completion of their assignments and therefore is not liable nor responsible for the outcomes of these actions.

10. Mutual Respect

10.1. Threatening Behavior - Empathetic Tutor will treat every client with respect, kindness, and integrity and expects to receive the same treatment in return from both students and parents. Should Empathetic Tutor at any time feel a client or their family are unreasonably aggressive, threatening, berating, disrespectful, etc. Empathetic Tutor shall cease the service and not issue a refund. Whether Empathetic Tutor permanently terminates the client-freelancer relationship shall be determined exclusively by freelancer.

10.2. Harmful Verbiage – Empathetic Tutor has a zero-tolerance policy for any of the following types of comments including but not limited to racism, sexism, homophobia, ableism, etc. Client comments along these lines directed towards Empathetic Tutor will result in permanent termination of the client-freelancer relationship. In this case, no refunds will be issued for any accumulated hours.

11. Confidentiality

11.1. Privacy Guarantee – Privacy is of the utmost importance to Empathetic Tutor. Personal client information given to Empathetic Tutor will always remain confidential including but not limited to school, grades, assignments, personal information, learning abilities, etc. This confidentiality shall not expire at any time nor for any reason.

11.2. External Communication (student under 18) – Empathetic Tutor will not violate FERPA privacy laws at any time. As such, Empathetic Tutor cannot communicate with any schoolteachers or administrators about a student without written permission from the parents. Written permission must be directly given by the parent to Empathetic Tutor and all relevant schoolteachers and personnel. Such communication must be sent to rachna@empathetictutor.com. Any written permission must be renewed for each new class and each new school year. In accordance with FERPA, parental permission expires on the student’s 18th birthday regardless of whether they are in high school.

11.3. External Communication (student over 18) – Empathetic Tutor will not violate FERPA privacy laws at any time. As such, Empathetic Tutor cannot communicate with any schoolteachers, administrators, professors, nor parents without written permission from the student themselves. Written permission must be given by the student to Empathetic Tutor and all relevant parties including parents if the student wishes for Empathetic Tutor to continue communication with parents. Should the situation arise in which an 18-year-old high school student does not give Empathetic Tutor written permission to discuss student progress with parents, Empathetic Tutor will not communicate with parents.

12. Code of Conduct

12.1. Individual Needs – Empathetic Tutor shall treat each student as an individual with unique interests, needs, and learning styles. All lessons shall be tailored to the students’ needs. Empathetic Tutor will explain a concept multiple times until the information makes sense to the student. To effectively treat students as individuals, all sessions will be 1-on-1.

12.2. Positive Experience – Empathetic Tutor shall maintain a positive demeanor throughout tutoring sessions through the following methods including but not limited to smiling, encouragement of students, and praise. Empathetic Tutor will NOT at any time mock or degrade a student for any reason. Should a student engage in negative self-talk during a session, Empathetic Tutor will assist the student in reframing this view to more positive self-talk.

12.3. Confidence – Empathetic Tutor will encourage students to feel confident in their own abilities by celebrating accomplishments regardless of their size including but not limited to attempting to answer a difficult problem, completing a homework assignment, and understanding something new.

12.4. Problem Solving – Empathetic Tutor requires students to engage their problem-solving skills throughout all tutoring sessions. Students will not just be given an answer without first attempting to puzzle the answer out on their own. To do this, Empathetic Tutor will ask students many “why” based questions and guide them to answering their own questions.