Terms & Conditions

SERVICE AGREEMENT

This Service Agreement (“Agreement”) made this ___ day of _________ 20__ between OUR WRITING TABLE, LLC, a Washington limited liability company (“OUR WRITING TABLE”) and the undersigned, on behalf of the student to receive tutoring services below (“STUDENT”).

The Parties are engaging in a business transaction and are entering into this Agreement so that OUR WRITING TABLE can provide tutoring services (“Services”) for STUDENT. OUR WRITING TABLE and STUDENT are sometimes referred to individually as a “Party” and collectively as the “Parties.”

1. AGREEMENT TO PROVIDE SERVICES.

1.1 SERVICES. OUR WRITING TABLE shall perform the below Services for the benefit of STUDENT pursuant to the terms and conditions set forth in this Agreement:

(a) communicate with teachers, counselors, parents and legal guardians, and mentors;

(b) seek assessments of “problem areas” to target for performance improvement at the outset of the tutoring experience;

(c) communicate with the above-mentioned parties as deemed necessary once the tutoring experience proceeds and concludes;

(c) use verbal and written assessments to establish learning targets to tutor for sustainable and significant improvement by the end of the tutoring experience;

1.2 DEFINITIONS. For purposes of this Agreement, “Sustainable improvement” is marked by writing skills that demonstrate new understandings about thinking, communication, audience, and creativity to give Student certainty and confidence in new writing skills. “Significant improvement” is marked by the transfer and use of new sustainable skills gained from tutoring onto the writing assignments and responsibilities the Student encounters at school.

1.3 POLICY. OUR WRITING TABLE will use reasonable efforts to provide Services for STUDENT. OUR WRITING TABLE will conduct its activities under this Agreement in a lawful manner and in accordance with the highest standards of fair trade, fair competition and business ethics and shall cause all of its authorized representatives to do the same.

2. TERM.

2.1 DURATION. OUR WRITING TABLE and STUDENT agree that this Agreement comes into effect on the date of the first Services appointment and will expire automatically after the final Services appointment, unless it is otherwise terminated in accordance with the provisions of the Agreement, or otherwise lawfully terminated.

2.2 TERMINATION. Either Party may terminate this Agreement without penalty upon giving the other Party thirty (30) days’ prior written notice, provided that payment is provided for Services rendered.

2.3 BREACH. OUR WRITING TABLE may terminate this Agreement immediately and without notice to STUDENT if OUR WRITING TABLE has reason to believe STUDENT is in breach of this Agreement or in violation of applicable law.

3. RELATIONSHIP OF THE PARTIES AND POWERS

3.1 SCHOOL AND GRADES. Because OUR WRITING TABLE tutoring experiences are held outside the times of classroom experiences, OUR WRITING TABLE will not measure STUDENT success with tutoring experiences solely by classroom experiences. OUR WRITING TABLE will not know specific classroom grading standards, procedures, and practices; therefore, OUR WRITING TABLE is unable to predict how STUDENT’s growth as a writer will be reflected in their classroom grades. With regard to college essay application coaching, while OUR WRITING TABLE will maintain high and professional coaching standards, each academic institution has its own internal admissions criteria; therefore, OUR WRITING TABLE makes no guarantee of admission to any particular academic institution.

3.2 ASSESSMENTS. At the beginning of the tutoring experience, OUR WRITING TABLE will request a writing sample from STUDENT. Once the sample is completed, OUR WRITING TABLE will analyze it for strengths and points that need improvement. Areas needing improvement will aid in the creation of learning targets and success criteria for STUDENT. At this juncture, OUR WRITING TABLE and STUDENT (as well as stakeholders in STUDENT’s education as determined by OUR WRITING TABLE) will discuss and arrive at a time frame for tutoring, i.e. how often during the week and how many weeks. This time frame may be updated by either Party during the ongoing tutoring in writing. OUR WRITING TABLE will use STUDENT strengths to help STUDENT build confidence and to create balance between what they already do well and what they need to improve.

3.3 EXIT INTERVIEW. At the end of the agreed upon time frame, OUR WRITING TABLE will conduct an exit interview with STUDENT to gather information that will help OUR WRITING TABLE to understand their experience while receiving services from OUR WRITING TABLE. This may include the collection of a review.

3.4 COMMUNICATION BETWEEN PARTIES. Timely communication between the Parties is required for OUR WRITING TABLE to provide Services effectively.

4. PAYMENT TERMS.

4.1 HOURLY RATE. Fees for Services are calculated per appointment.

(a) Appointments for 50 minutes for individual tutoring are $49.00 per appointment. Notwithstanding the foregoing sentence, Appointments for 50 minutes for individual tutoring may be reduced to $42.00 per appointment so long as STUDENT commits to two months of appointments.

(b) Appointments for 50 minutes for tutoring a group of two STUDENTS are $70.00 per appointment.

(c) Appointments for 50 minutes for tutoring a group of three STUDENTS is $100.00 per appointment.

(d) Appointments for 50 minutes for college essay application coaching are $70.00 per appointment.

4.2 PAYMENT. Fees shall be paid electronically through PayPal or Zelle to OUR WRITING TABLE. Fees must be received by OUR WRITING TABLE the day of each tutoring appointment. If there is more than one tutoring appointment each week, fees must be received after the last tutoring appointment on the same day.

4.3 CANCELLATION. OUR WRITING TABLE will charge a 25% cancellation fee for a cancellation within 48 hours of the appointment time. OUR WRITING TABLE will charge a 50% cancellation fee for a cancellation within 24 hours of the appointment time or if a STUDENT “no shows” to an appointment.

5. LIMITATION ON DAMAGES.

In no event shall OUR WRITING TABLE be liable to STUDENT for an amount exceeding payments made by STUDENT to OUR WRITING TABLE pursuant to this Agreement within the last ninety (90) days from the date of the alleged damage.

6. NO WAIVER PROVISION.

Each Party’s obligations hereunder are in addition to its other obligations in fact or in law. Failure by either Party to enforce strict performance of any provision of this Agreement will not constitute a waiver of that Party’s right to subsequently enforce such provision. Each Party has the right, in addition to its other remedies, to seek injunctive relief for any violation of this Agreement. If a provision of this Agreement is held invalid under any applicable law, that invalidity will not affect any other provision.

7. ENTIRE AGREEMENT.

This Agreement (i) constitutes the entire understanding and agreement between the Parties relating to the matters addressed, (ii) may be amended or modified only with the written approval of OUR WRITING TABLE, and (iii) is binding on the Parties and their respective successors and assigns. Notwithstanding the foregoing sentence, STUDENT agrees to be bound by the Terms and Conditions and Privacy Policy of the Site (as that term is defined in those documents), as amended from time to time. In the event there is a discrepancy between this Agreement, the Terms and Conditions, or the Privacy Policy, this Agreement shall supersede.

8. FORCE MAJEURE.

Neither Party shall be in default nor liable to the other for any failure to perform directly caused by events beyond that Party’s reasonable control, such as acts of nature, labor strikes, pandemic, epidemic, war, insurrections, riots, acts of governments, embargoes and unusually severe weather provided the affected Party notifies the other Party within ten (10) days of the occurrence. Such an event is an Excusable Delay. THE PARTY AFFECTED BY AN EXCUSABLE DELAY SHALL TAKE ALL REASONABLE STEPS TO PERFORM DESPITE THE DELAY. If the Party is unable to perform within a reasonable period, this Agreement shall end without any further obligation of the unaffected Party.

9. ARBITRATION.

In the event the parties are not able to resolve any dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree to arbitrate all disputes and claims in regard to this Agreement or any disputes arising as a result of this Agreement, whether directly or indirectly, including Tort claims that are a result of this Agreement. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this Agreement.

10. ATTORNEY FEES.

In the event either Party is required to hire an attorney to enforce its rights hereunder, the prevailing Party in any such litigation or arbitration shall be entitled to recover reasonable attorney's fees and expenses, plus costs of suit, if any.

11. ASSIGNMENT.

Neither Party may assign this Agreement without the written consent of the other Party. Parents or legal guardians of the STUDENT agree that they shall be bound by the payment obligations of STUDENT hereunder.

12. NOTICE.

All notices, invoices, Purchase Orders, consents, waivers and other communications under this Agreement must be in writing and will be deemed to have been duly given upon (a) delivery by hand (with written confirmation of receipt), (b) one business day after deposit with an internationally recognized overnight delivery service (receipt requested, delivery prepaid), or, in the case of invoices or Purchase Orders, (c) electronic delivery via email to the contact information provided to or from the respective Parties.

13. SEVERABILITY.

Any provision of this Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the rest of this Agreement.

14. CONSTRUCTION.

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without reference to the choice of law principles thereof.

15. COUNTERPARTS.

This Agreement may be executed in one or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same document. Electronic signatures shall be considered assent to this Agreement.

IN WITNESS WHEREOF, each Party through its duly authorized officer has executed this Agreement the day and year first written above.

STUDENT: ______________________ OUR WRITING TABLE

By:____________________________ By:____________________________

Name: Name: Patricia Rimmer

Relationship to STUDENT: Title: Owner