Terms & Conditions
Terms and Conditions for The Learning Pal Services
1. Payment. Customer/Parent agrees to pay The Learning Pal LLC (“TLP”) the agreed upon price as outlined by the weekly rate listed in the Plans & Pricing document. The Customer/Parent will pay his/her bill online via the TLP invoice link to be provided via email. The Customer/Parent will never give or make payments to the assigned Learning Pal. Customer/Parent must schedule all session hours within 60 days of submitting the registration deposit. All unscheduled session hours will be void 60 days after purchase and will neither be redeemable nor refundable after that time.
2. Location. The Learning Pal services will be rendered at the address listed on the registration form. If families are sharing a plan, only one location will be used for sessions.
3. Obligations of the Customer/Parent. The Customer/Parent agrees to provide information to The Learning Pal to assess and identify subject areas where the Student requires specific support. The Customer/Parent agrees to provide the basic materials needed for distance learning support sessions (i.e., Wi-Fi connectivity, computer, etc.).
4. Scheduling Time. All scheduling will occur prior to the initial session according to the desired day/time blocks listed in the registration form. TLP will provide the Customer/Parent with the finalized session schedule via email no later than 7 days before the initial session date.
5. No Guarantees or Warranties. The Customer/Parent understands that TLP does not guarantee any specific outcomes as a result of Learning Pal sessions. For distance learning support plans, TLP will provide a Learning Pal to help the student succeed in completing online school assignments.
6. Limitation of Liability. In the event of litigation, TLP’s total liability shall not exceed the amount of money Customer/Parent paid TLP for services rendered.
7. Termination. This service contract may be terminated by either party at any time by giving the other party seven days prior written notice.
8. Clean, Safe & Distraction Free Environment. Customer/Parent agrees to provide a clean, safe and distraction free environment for Learning Pal sessions. This shall include but not be limited to ensuring that the student and the assigned Learning Pal have a quiet work space and ensuring that pets do not threaten, cause harm or endanger the assigned Learning Pal. Customer/Parent agrees to have all members of the household that shall come in contact with the assigned Learning Pal wear a mask or face shield while interacting with the assigned Learning Pal. Customer/Parent agrees to cancel a scheduled session if the student or any other member of the household is experiencing an illness or has had known contact with someone that has tested positive for COVID-19.
9. Supervision. Customer/Parent agrees to be on-site and/or have another adult 18 years or older on-site during the entire duration of TLP sessions.
10. Injury and Medical Costs. Customer/Parent understands that The Learning Pal seeks to provide a safe environment for his/her student(s), however should his/her student(s) be injured while engaging in The Learning Pal sessions, Customer/Parent will remain responsible for any medical bills or related cost for treatment due to injury.
11. Hold Harmless. Customer/Parent agrees to waive any and all claims for damages which he/she may have against TLP for injury, illness or other bodily harm to the child or any other person during the activities that are part of The Learning Pal sessions as a direct or indirect result of the acts or omissions of the child or any other participant in the session, or of The Learning Pal LLC or any of their officers, employees, volunteers, or others acting at their request or on their behalf. Customer/Parent agrees to indemnify, defend, and hold harmless The Learning Pal LLC and its officers, employees, volunteers, and assigns from and against all such claims.
12. Cancellation. Customer/Parent agrees to TLP's Cancellation and Refund Policy
13. Assumption of Risk and Waiver of Liability Relating to COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. However, there remain many unknowns about COVID-19, how it spreads, and its impact on a student. By entering this agreement to receive services from The Learning Pal LLC, Customer/Parent acknowledges the contagious nature of COVID-19 and voluntarily assumes the risk that his/her student(s) and Customer/Parent may be exposed to or infected by COVID-19 by participating in TLP sessions and that such exposure or infection may result in severe illness, permanent disability, and death. Customer/Parent understands that the risk of becoming exposed to or infected by COVID-19 during TLP sessions may result from the actions, omissions, or negligence of Customer/Parent and others, including, but not limited to, TLP employees, contractors, volunteers, and program participants and their families. Customer/Parent voluntarily agrees to assume all of the foregoing risks and accepts sole responsibility for any injury to student(s) or himself/herself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that Customer/Parent or his/her student(s) may experience or incur in connection with student(s)’s participation in TLP sessions or participation in TLP programming (“Claims”). On his/her behalf, and on behalf of his/her student(s), Customer/Parent hereby releases, covenants not to sue, discharges, and holds harmless The Learning Pal LLC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Customer/Parent understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of The Learning Pal LLC, its employees, contractors, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any TLP sessions/programs.
14. Non-compete. Customer/Parent acknowledges that the assigned Learning Pal has an existing non-solicitation agreement in place with The Learning Pal and that any solicitation for additional services or services outside of the scope of the Agreement with The Learning Pal is prohibited, including, but not limited to extending TLP sessions, working off schedule hours, etc.
15. Merger Clause. These terms represent the complete agreement between the Customer/Parent and TLP.