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ul.ul1 {list-style-type: none}
INTENSIVE TUTORING CONTRACT
This Intensive Tutoring Contract (“Contract”) is entered into effect as of ______________ by and between __________________________________________________ (“You”),the parent or guardian of __________________________________________________ (“Student”) who shall be a LUL Tutoring Service Provider (“Provider”) student , and THE LOUISVILLE URBAN LEAGUE, INC., a Kentucky nonprofit corporation, 1535 W. Broadway, Louisville, KY 40203 (“LUL”).
R E C I T A L S:
WHEREAS, LUL is a tax-exempt entity which is committed to enhancing educational opportunities and desires to provide funding for 4th-12th students to attend intensive tutoring programs, and
WHEREAS, You wish for LUL to provide funding to LUL Tutoring Service Provider so that your Student(s) may attend Provider tutoring programs at no cost to You,
Now, therefore, the parties agree as follows:
- Participation. You agree that Student(s) shall participate in Provider tutoring services by attending two tutoring sessions per week for reading and/or math for a total of at least twelve months (12) in a calendar year starting from the date of Student(s)’ first Provider class.
- LUL’s Obligations. LUL commits to making monthly payments for tutorial services directly to Provider on behalf of your Student(s) for the term specified here. This includes any fees required by the Provider to participate in the program.
- Term. The term of this Contract is twelve months starting from the date of Student’s first Provider class.
- You agree that if you decide to cease participation in Provider tutoring prior to the end of this Contract’s term, then You shall give LUL 30-days’ notice to that effect. You further agree that You shall give Provider notice in accordance with their termination policy, if any. LUL shall not relieve You and is not responsible for any obligations under this Contract or any obligations You may have with Provider because of your lack of notice, or lack of timely notice to LUL or Provider, or both. In the event that You have not given Provider timely notice regarding termination of its tutoring services in accordance with their termination policies, You may be asked to pay Provider for the tuition for that month and subsequent months that were charged for the Student(s), even if You have provided timely notice to LUL.
- All notices shall be in writing and shall be personally delivered or sent by mail or electronic mail. Any notice shall be deemed to have been served either: at the time of delivery noted on the return receipt if same was posted if sent via United States mail; on the first business day after deposit with an overnight air courier service with instructions to deliver on the next business day; on the date of actual delivery if personally served; or on the date the electronic mail was sent.
Notice to LUL: The Louisville Urban League, Inc.
Intensive Tutoring Program
1535 W. Broadway Street
Louisville, Kentucky 40203
[email protected]
5. Termination and Recapture.
- You are responsible for keeping records of Student’s Provider attendance by using the method outlined by LUL or obtaining a copy of Student’s monthly attendance records as kept by Provider. LUL may request to review such records at any time.
- In the event that You or your Student(s) wish to completely cease participation in Provider tutoring or if Provider terminates its tutoring services with You or your Student(s) for any reason, You shall notify LUL immediately, and this Contract shall automatically be deemed to be terminated.
6. Force Majeure. In the event of an unforeseeable cause beyond the control of LUL, including, but not limited to fire, flood, other severe weather, health emergencies, pandemics, diseases, acts of God, interruption of utility services, acts of terrorism and other unforeseeable accidents, LUL reserves the right to suspend or terminate this Contract without prior notice.
7. Assignment. This Contract may not be assigned without written consent from LUL.
8. Disclaimers; Release; Indemnification. You agree that LUL does not promise, warrant, or guarantee You or your Student’s safety and security or personal property against the criminal actions of third parties, including Provider and its agents, employees, and representatives. You agree, and agree on behalf of your Student(s) to indemnify LUL, and its directors, trustees, agents and employees from and against all claims, actions, judgments, damages, liabilities, costs, demands, losses and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) resulting from or arising out of injury to You or your Student’s person or property while Student(s) participates in Provider tutoring, regardless of the cause (including, but not limited to, injury resulting from engagement, involvement, or participation by You or your Student(s) in any event sponsored by Provider), unless such injury is caused by the negligence or intentional conduct of LUL or its agents. You and You on behalf of your Student(s), hereby release and forever discharge LUL and its directors, trustees, agents and employees from any and all demands, causes of action and/or judgments of whatsoever nature of character, past or future, known or unknown, whether in contract or in tort, whether for personal injuries, property damage, payments, fees, expenses, or any other monies due or to become due, or damages of any kind or nature, and whether arising from common law or statute, arising out of, in any way, this Contract and the use of Provider tutoring services. This release will be binding upon You and your Student(s) and You and your Student’s heirs, and assigns.
9. Entire Contract. This Contract constitutes the complete and final agreement of the parties, and all prior agreements, if any, are merged herein.
10. Waiver. No waiver of any breach of any obligation or promise contained herein shall be regarded as a waiver of any future breach of the same or any other obligation or promise contained herein.
11. Dispute Resolution. Any disputes arising under this Contract shall first be resolved by LUL. If a resolution cannot be met through LUL, then any disputes arising under this Contract shall be resolved through arbitration in Louisville, Kentucky pursuant to the American Arbitration Association’s Rules of Commercial Arbitration, as amended from time to time.
12. Severability: The invalidity of one or more provisions in this Contract shall not affect the validity of any other provision hereof, and the Contract shall be construed and enforced as if such invalid provision(s) were not included.
IN WITNESS WHEREOF, the parties hereto have duly executed this Contract as of the day and year first above written.
BY SIGNING THIS CONTRACT, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF THIS CONTRACT.