Student Parent Agreement
This Student Parent Agreement (the “Agreement”) is a legal agreement between you and MentorBuddies, LLC, a Massachusetts limited liability company (“MentorBuddies”).
By clicking on the “I AGREE” link, you are agreeing that you will be bound by and are becoming a party to this Agreement. If you do not agree to all of the terms of this Agreement, click the “I DO NOT AGREE” link.
1. MentorBuddies’ Services. MentorBuddies introduces high school students with skills in academics, music, sports and/or other areas (“Mentors”) to parents or guardians of students who desire to receive individualized lessons (“Lessons”) in their own homes or other locations, and provides administrative services relating to the billing, payment, scheduling and collections for such Lessons. MentorBuddies acts as the intermediary between the parties in connection with the provision of the Lessons.
2. Relationship Among You, the Student(s), Mentor and MentorBuddies. By submitting the registration form and accepting this Agreement, you hereby represent that you are (i) over the age of eighteen (18), (ii) the parent or guardian of the student(s) listed on the registration form (the “Student”) and (iii) the primary contact for the Student’s account. You hereby agree to the terms of this Agreement, any terms set forth in the registration form, and the other terms relating to the provision of Lessons contained on www.MentorBuddies.com (the Site). You also acknowledge and agree that any Mentor that is referred to you by MentorBuddies is retained by you as your independent contractor. The Mentor is not an employee of MentorBuddies and MentorBuddies is not responsible for the Mentor’s activities or conduct in connection with your engagement. MentorBuddies is providing introduction and administration services only.
3. No Screening. You acknowledge and agree that MentorBuddies performs no screening, background checks, criminal offender record information (CORI) checks, or reference checks of Mentors. You may wish to have a background check performed on any Mentor you engage. In such case, please arrange for such background check independently with the Mentor. Upon your request, MentorBuddies shall provide you with names of companies that perform background checks. Further, you acknowledge and agree that MentorBuddies does not confirm or verify that the Mentor has the experience, background or skills listed by the Mentor in his or her profile. It is your sole responsibility to determine the qualifications and suitability of any Mentor prior to engaging and continuing to receive Lessons from such Mentor.
4. Supervision. If the Mentor is under the age of 18, it is the MentorBuddies policy to require that you attend, and remain present in person during the conduct of, each Lesson. Any arrangement to the contrary shall be solely between you and the Mentor, and you hereby waive, and MentorBuddies hereby disclaims, any and all responsibility or liability with respect to any such arrangement.
5. Payment. You agree to pay all instructional fees directly to MentorBuddies, as payment agent for the Mentor, pursuant to the payment terms and requirements listed in this Agreement and on the MentorBuddies Site. You hereby agree not to make any payment directly to the Mentor. Payments made directly to the Mentor will not be credited to your account.
6. Credit Card. MentorBuddies requires your submission of a valid credit card as a condition to booking any Lessons. If your credit card is denied for any reason or there are any other issues in connection with charging your credit card, a replacement credit card shall be immediately required. MentorBuddies utilizes the transaction processing platform Authorize.net to process credit card payments, and you hereby agree to the Authorize.net terms and conditions found at www.authorize.net.
7. Cancellation. By submitting the registration form, you are committing to pay for all Lessons that your Student receives. To properly cancel a Lesson, you must contact the Mentor through the MentorBuddies communications platform or otherwise at least 24 hours in advance of the scheduled Lesson, in which case you will not be charged for the Lesson. If you cancel any Lesson with less than 24 hours’ notice, you shall be charged in full for such cancelled Lesson. You will not be charged for any Lesson cancelled by the Mentor. Please contact MentorBuddies if you have additional questions regarding Lesson cancellations.
8. Refunds. If you have paid in advance for any Lessons, and the Lesson is cancelled for any reason, you and the Mentor shall use good faith efforts to agree to a rescheduled Lesson to which your prepaid fee shall apply. In the event you and the Mentor are unable to agree to a rescheduled Lesson, then upon your request MentorBuddies shall refund the amount you paid for the unreceived Lesson(s). Notwithstanding the foregoing, you shall be charged in full for any Lesson you cancel with less than 24 hours’ notice, as described above.
9. Your Representations. You represent and warrant to MentorBuddies that (i) all information you provide to MentorBuddies in connection with your registration form or otherwise is true, complete and accurate in all respects; (ii) you will not submit any content to the Site or engage in any communications through the Site’s communications platform that is in violation of third party privacy rights or is obscene, abusive, defamatory, harassing, illegal, infringing or inappropriate in any manner; (iii) you will comply with all applicable state, federal and local laws, rules and regulations in connection with this Agreement; (iv) you are not, and have never been, charged with or convicted of any criminal offense of any kind; and (v) you will not provide transportation to any Mentor by car, motorcycle, moped, bicycle or any other vehicle (motorized or otherwise). You agree not to hire or retain the Mentor to provide any services for you other than the Lessons provided via the Site pursuant to the terms of this Agreement.
10. Communications. You hereby consent to receiving communications from Mentors and from MentorBuddies via the Site’s communications platform. In addition, you consent to MentorBuddies communicating with you about the Lessons by SMS, text message, email and other electronic means. You agree that all communications between you and Mentors and/or MentorBuddies via the Site’s communications platform shall be the property of MentorBuddies. In addition, in the event a Mentor ratings system or similar feature is implemented on the Site and you elect to provide any ratings or other feedback with regard to a Mentor, you acknowledge that MentorBuddies shall own all rights to such feedback. You agree to maintain the confidentiality of your password and other account information, not transfer such information to any other party, and notify MentorBuddies immediately in the event of any unauthorized use of your account.
11. Indemnification. You agree to indemnify, defend and hold harmless MentorBuddies and its members, employees, agents, representatives and managers from any liability, claim, allegation or demand (including reasonable attorneys' fees) arising out of, or relating to, (i) any injury to persons or damage to property, including theft, resulting from your acts or omissions, or (ii) any breach by you of this Agreement.
12. Term; Termination. The term of this Agreement (the “Term”) shall commence upon your acceptance and continue until termination of this Agreement in accordance with its terms. Either MentorBuddies or you may terminate this Agreement effective immediately upon delivery of written notice to the other party, at any time and for any reason. Upon termination of this Agreement, you and your Student shall immediately cease receiving all Lessons and other services from Mentors. Termination of this Agreement shall not relieve you of any payment obligation arising prior to termination or any liability for breach of this Agreement arising prior to termination. The following provisions shall survive termination of this Agreement indefinitely: 2, 5, 9, 11, 12, 13, 14 and 15.
13. Disclaimer of Warranties. THE SERVICES PROVIDED BY MENTORBUDDIES AND THE LESSONS OFFERED BY THE MENTORS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MENTORBUDDIES, ON ITS OWN BEHALF AND ON BEHALF OF THE MENTOR, AS HIS OR HER PAYMENT AGENT, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES PROVIDED HEREUNDER AND/OR ANY LESSONS OR LESSON MATERIALS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MENTORBUDDIES’ SITE AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MENTORBUDDIES IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. YOU ACKNOWLEDGE AND AGREE THAT MENTORBUDDIES DOES NOT PERFORM BACKGROUND CHECKS ON, OR SCREEN OR INTERVIEW IN ANY MANNER, MENTORS, AND IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU ARE COMFORTABLE WITH THE LESSON LOCATION, THAT THE LESSONS ARE PROVIDED IN A SECURE AND SAFE ENVIRONMENT, AND ALL OTHER MATTERS RELATING TO SAFETY AND SECURITY OF THE STUDENT IN CONNECTION WITH THE LESSONS. MENTORBUDDIES HEREBY DISCLAIMS ANY AND ALL LIABILTY RELATED TO THE FOREGOING.
14. Limitation of Liability IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MENTORBUDDIES TO YOU EXCEED THE AGGREGATE AMOUNT PAID BY YOU AS LESSON FEES HEREUNDER. UNDER NO CIRCUMSTANCES SHALL MENTORBUDDIES OR THE MENTOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU OR THE STUDENT(S).
15. General. This Agreement shall inure to the benefit of the parties’ respective successors and assigns. This Agreement may not be assigned or transferred by you to any other party, nor may any work be subcontracted, without the prior written consent of MentorBuddies. MentorBuddies may assign this Agreement in its sole discretion. The failure of either party hereto to enforce any right under this Agreement shall not be construed to be a waiver of that right, or of damages caused thereby, or of any other rights under this Agreement. This Agreement encompasses the entire agreement of the parties with respect to its subject matter and there are no other agreements or understandings, either written or oral, with respect thereto. A copy of this Agreement shall be posted on the MentorBuddies Site. This Agreement may be amended or updated by MentorBuddies from time to time upon MentorBuddies’ posting a new version of the Agreement on the Site. It is your obligation to monitor the Site from time to time. Any such amendment shall be binding upon you unless you notify MentorBuddies within thirty (30) days following the posting of such updated Agreement that you reject such amendment or update, in which case this Agreement shall terminate and you shall immediately cease to book Lessons or receive services hereunder. MentorBuddies may in its sole discretion provide you with notice of significant amendments or updates by email. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its choice of law principles. With respect to any suit, action or other proceeding arising out of this Agreement, or any other transaction contemplated thereby, the parties agree to exclusive personal jurisdiction and venue of the federal and state courts located in the Commonwealth of Massachusetts. All notices shall be in writing by personal delivery, certified mail, return receipt requested, or by commercial overnight courier for next business day delivery, or by email delivery to the email addresses previously provided by the parties. If you have any questions regarding this Agreement or the Site or Lessons, please contact info@MentorBuddies.com.
Dated September 15, 2018