This page was last modified on 23 February 2017

This is an Agreement between you and TeachPlayLearn (“us,” “our,” “TPL”) and governs your use of the TPL website(s), shop, products, and all educational services (in-person or virtual) provided by TPL (together, the “Services”). Use of this site means you accept and agree to be bound by these Terms + Conditions, just as if you had agreed to these terms in writing. The Agreement applies to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, collaborators, and contributors of content.  If you don’t agree to be bound by these Terms + Conditions, you should not use the site. TPL currently serves both adult students (18+) and student minors (<18). If the Student is a minor, it is assumed “Student,” as it is written in this Agreement, then refers to the minor receiving services and their legal guardian.

Subject to Change Disclaimer – The policies, regulations, procedures, and fees of TeachPlayLearn are subject to change at any time without prior notice. TeachPlayLearn reserves the right to change curricula, rules, fees, and other requirements, of whatever kind, affecting customers. We encourage you to visit our Site frequently to stay informed. Continued use of the site constitutes acceptance of the then-current terms and conditions.

Due to the comprehensive services we provide, our dedication to keeping processes simple, and ensuring all parties are in the best possible learning environment, TPL adopts the following:

PART ONE: SERVICE SPECIFIC POLICIES

CONSULTING SERVICES

(1) EDUCATIONAL CONSULTING + CONCIERGE SERVICES All educational consulting services scope, sequence, and payment terms will be detailed in an individual proposal and agreed upon by both parties in writing. The Concierge program is a month­-to-­month contract and can be canceled anytime. The monthly fee is non-refundable, and we do not prorate fees if services are canceled in the middle of the month.

WORKSHOP, FIELD TRIPS, EVENTS

(2) FIELD TRIPS Tutors at TPL may lead Students on field trips. TPL will obtain a permission slip before each trip. For safety and security reasons, Students under 18 may not be dropped off or picked up from a location different than the meet-up spot specified.

(3) VENUE WAIVER + TERMS We like to collaborate, and often we’ll host our services at a 3rd party location. Students attending workshops, field trips, events, etc. may be required to complete liability waivers of the venues. Your participation may be subject to these additional policies, and you understand you may not be able to join us if you disagree with that venue’s terms. If you have concerns about this, please see the applicable Venue’s website and contact.

TUTORING

(4) SYSTEMS TPL reserves the right to make operational changes, shut down your TPL accounts, our system, or transition to a new system with or without cause. If possible, notice will be provided in advance as a courtesy to make copies of any reports or records.

(5) TPL’S “SURE FIT” POLICY Careful thought goes into matching students with the right tutor; however, we understand that sometimes teaching styles just don’t jive. So, if after the first session the student prefers to try another, we’ll happily schedule him/her with a different tutor, and the do-over session is on us. Gratis! This policy is only applicable for first time sessions with a new tutor. It cannot be used after multiple sessions with the same tutor.

(6) FIRST 5 MONEY BACK GUARANTEE As a new customer to TPL we understand families and students need some time to feel it out. TPL offers a 100% money back guarantee on unused hours for the very first five sessions as long as cancellations are made at least 24 hours in advance. After five sessions with TPL (of any service), there will be no refunds given on unused tutoring hours. Don’t need the sessions you’ve already purchased and you’re past the first 5? Unused tutoring sessions can be gifted to a sibling, friend, or any human being of your choice. Transferring unused hours must occur within six months from purchase date.

(7) CREDENTIALED TEACHERS While all our Tutors are fantastic and personally vetted; not all Tutors are credentialed teachers. If a credentialed teacher is required for the Student’s learning needs, we are happy to provide this, just ask.

(8) STUDENTS WITH SPECIAL NEEDS TPL will gladly support Students with special needs if appropriate accommodation is possible. If not, TPL will attempt to make referrals when possible to better fit resources and professionals as needed. If preferred, a TPL Director and Tutor will work with the student’s physician, therapist and other service professionals to best accommodate the student. The more information provided to TPL about the Student, and the resources he or she requires, the better TPL will be able to meet those needs. For this reason, TPL may require Students to complete an individualized assessment with TPL’s Director prior to sessions beginning.

(9) SESSION LOCATIONS & VIRTUAL LEARNING TPL tutors accommodate sessions in a variety of locations from student’s homes, to libraries, coffee shops, even a few co-working spaces, and parks. Additionally, Virtual Tutoring (online) services are also available via a variety of video conferencing platforms. If in-home visits occur and the Student is under the age of 18, TPL policy is a legal guardian must be present at all times. If the Tutor arrives for services and said guardian is not present as intended, the Tutor reserves the right to leave the session and the family forfeits their payment. Lastly, should the location need to change, all parties will be notified and agree upon the new location in advance.

(10) WAITING LIST In the event TPL is unable to immediately schedule a TPL tutor we maintain a waiting list with a non-refundable paid registration fee. As openings occur, Students are called in the order of their position on the waiting list. Before new Students are accepted, priority will be given to Students currently signed up with TPL. This also applies to siblings who have not yet registered.
(11) SCHEDULING SESSIONS, PAYMENTS + CANCELLATION POLICY We understand that unanticipated events sometimes occur. In our commitment to provide a quality experience to all of our students, and out of consideration of our tutor’s time, we have adopted the following policies:

1. Please note there is a one-time registration fee of $20 to set-up new tutoring student accounts and billing.
2. For the “First 5” sessions we require payment prior to the time of service. If it’s a good match for all, moving forward, our system will keep your debit or credit card on file and charge you for services rendered. The schedule is determined between you and TPL, but typically follows a bi-monthly form. You, of course, will receive an e-mailed receipt of charges and service line-items. These policies are to ensure reservation of tutor and time window. All payments are made by TPL’s online invoices, through your TPL account, or by phone with a TPL Director only. Once hours are paid for (whether regular or promotional), they are stored in your online account and unused hours expire after six months from purchase.
3. A minimum of 24 hours notice before the session date is required for cancellations or you will be charged in full. A no-show will be charged in full. Directly related weather cancellations (for example, a tennis session canceled due to rain) are the exception to the 24 hours notice policy. For cancellations, please contact TeachPlayLearn at 310.850.0859 & your assigned tutor.
4. Should payments incur excessive delays or become delinquent TPL reserves the right to suspend services until delinquent payments are paid in full. Please be aware; Students may lose their spot with their assigned Tutor as a result. Any account and payment questions should be directed towards TPL Administration only, not the assigned Tutor.
5. Please be prompt for appointments as sessions must commence at the scheduled start time. We promise to do the same. If late, you will still be charged for the full session, and the tutor still paid for their time. Should clients need additional time than what was initially scheduled, and the TPL tutor can accommodate it, an invoice for the extra service will be billed accordingly.

PART TWO: POLICIES FOR ALL SERVICES

(12) TPL’S REFERRAL PROGRAM Most of our business comes from our families and students’ referrals. We appreciate their kind words and like to show some love to the people sharing the love. Here’s how it works, refer a friend, and when they register with TPL, you’ll both get $20 credit to use towards the service of your choice. Referral program credit cannot be used on previous purchases or be combined with additional promotions.

(13) TERM TPL reserves the right to refuse service to anyone for any reason at any time. You may end services at any time for any reason as well. If possible, we ask that either party gives a week’s notice (email is accepted) out of respect to communicating final services and transitions to all team members. This request is a courtesy and not mandatory or required. TPL shall not be liable to you or any third-party for any price change, modification, suspension, or discontinuance of Services.

(14) ELECTRONIC SIGNATURES + E-SIGN CONSENT For ease of use (and to be kinder on the planet) we like to use e-signatures, online invoicing, email, and other electronic mediums whenever possible. So if you check an “I Agree, let’s get registered” box or receive a notification via email, this all will be treated as having the same force and effect as original ink signatures. Any disclosures provided by law and other information about your legal rights and duties will also be communicated electronically. To display these notices properly you understand you’ll need a computer with an internet connection, a web browser, a valid email address, and if you use spam filters, please add TPL’s addresses to your contacts.

(15) PRICE LIST + PROMOTIONS Fees, price list, and promotions may be adjusted from time to time at TPL’s discretion. Promotions cannot be combined with any other discount or promotion.

(16) RECURRING BILLING For convenience, Students will leave a credit card on file within our Teachworks secure system. By providing your card information, you authorize us to charge your Payment Method at the then current rate. You acknowledge that the amount billed each month may vary for reasons due to promotional offers, bi-monthly or monthly time frames, taxes, cancellation or late fees, and changing or adding Services. Typically ongoing services are billed bi-monthly for the preceding two weeks services.

(17) SUPPLY COST TPL has a great resource library for our community; however, some subjects may require students to purchase their own copies and materials. If a Student checks out an item or is borrowing an item from a tutor, it is the Student’s responsibility to return the item in the condition it was received. If there is damage to the property while it is in the Student’s possession, it his/her responsibility to reimburse TPL. A refundable deposit may be taken where appropriate (i.e. technology, complete curriculum set, etc.).

(18) SHOP Purchase of Services and Products may be done through TPL’s Big Cartel shop. You agree to provide current, complete, and accurate purchase and account information for all Services. Additionally, should billing or contact information change, you agree to update TPL so that we can complete your transactions and contact you as needed. TPL makes every effort to represent said Services and Products accurately. For digital products, we cannot guarantee your computer and computer’s monitor will accurately display colors. On a case-by-case basis, we reserve the right (but are not obligated) to limit the sales of Services and Products to any person, geographic region, and company. We reserve the right to limit or decline orders that, in our sole judgment, appear to be placed by dealers, resellers, and distributors. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the customer information provided to TPL during the time the order was placed.

(19) NON-SOLICITATION We ask all parties respect professional boundaries. Please do not put our staff in the awkward position of you trying to hire them for additional services privately while they’re under contract with us for the same services.

(20) INDEMNITIES + WARRANTIES You agree to indemnify and hold harmless TPL, its subsidiaries, affiliates, and their directors, interns, officers, employees, independent contractors, and agents, from and against any and all losses, expenses, costs, liabilities and damages, any and all injuries, whether direct, consequential or incidental in nature, which result from Services. TPL makes no promises or warranties with regards to a Student’s performance or admissions outcomes as a result of any tutoring, consulting, advising, or otherwise. TPL provides supplemental tutoring services and educational consulting only. We are not an accredited private school that is responsible for transcripts and credits. Even under supervision, you understand there are risks involved when engaging in certain types of activities offered by TPL (for example, Yoga classes, science experiments, physical education sessions, etc.). By agreeing to this Agreement you Waive, Release and Discharge TPL, its owners, officers, directors, employees, members, agents, assigns, legal representatives and successors, from all liability of any damage, for or by reason of any damage, loss or injury to person and property, which has been or may be sustained in consequence of the Student’s participation in the activity described above, and notwithstanding that such damage, loss or injury may have been caused solely or partly by the negligence of TPL.

(21) COMMUNICATION If a dispute of any kind arises, we want to understand and address your concerns immediately. Please reach out to our Director so that we can first attempt to resolve all disagreements amicably. In the event there was information provided on the Site or in Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, offers, promotions, etc. We reserve the right to correct these first.

(22) ARBITRATION  If you can’t resolve problems directly with TPL then you agree to resolve any dispute exclusively through arbitration. This process facilitates the prompt and efficient resolution of any disputes that may arise through private dispute resolution. In this case, parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. This binding individual arbitration would follow the American Arbitration Association and the rules promulgated by that body. The arbitration shall be conducted in Los Angeles, California. TPL may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, necessary to protect its rights pending the completion of arbitration. Youare responsible for all cost of collections including reasonable attorney fees and arbitration cost. Unless otherwise required by law, there is a limitation for filing a dispute. An action or proceeding by the Student relating to any Dispute must commence within one year after the cause of action.

(23) GOVERNING LAW This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the State of California.

(24) NEUTRAL CONSTRUCTION This agreement was prepared by TPL and TPL’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against TPL merely because it was prepared by itself and/or counsel.

(25) SEVERABILITY If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

(26) HEADINGS The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

PART THREE: PRIVACY POLICY

(27) COLLECTED INFORMATION Any personally identifiable information collected (i.e. name and address, registration forms, log-in credentials, questionnaires, assessments, etc.) from you by TPL is only requested so that we may offer a more personalized experience. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure; however, as is true most places we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.  Additionally, in many circumstances, we use vendors to complete services efficiently (for example, a 3rd party e-commerce platform for our online shop) and as a result, information entered would be under their management and governed by their privacy policies. You acknowledge that you provide your personal information at your own risk.

(28) CONFIDENTIALITY TPL respects and protects your privacy and individual data. We will never disclose, sell, or rent personal information that identifies any of our Students without specific authorization to do so. TPL retains the right to release aggregate information provided this information is not personally identifiable. Occasionally, records may be reviewed by regulatory agencies for information that may be pertinent to a student’s well-being/safety or requested by a legal subpoena. Student files are otherwise confidential and monitored only by TPL administration and as appropriate, the TPL staff team.

(29) MEDIA RELEASE PERMISSIONS From time to time we photograph, film, and quote our Students or their work. For example, when out on a field trip or to showcase Student’s awesome projects on our social media channels. By accepting our Terms and Conditions, you consent to the participation in interviews, the use of quotes, and the taking of photographs, video of the Student and student work by TPL. You grant TPL the right to edit and use in perpetuity, including use in print, on the internet, and all other forms of media.  You also hereby release TPL and its team from all claims, demands, and liabilities whatsoever in connection with the above. We understand there may be certain circumstances where media privacy is mandatory; please contact a TPL Director to get a waiver to this policy in writing.

(30) PUBLIC FORUMS + THIRD PARTIES Just a friendly reminder that TPL forums, message boards, blogs, social media, and groups are considered public domain (even when registered as “private” on their corresponding platform) and any information that is disclosed by you in these areas become public information. You may see guest posts and moderated comments containing a variety of personal opinions. These are not necessarily TPL’s views. Occasionally, at our discretion, we may include or offer third party products, links, or services on our website. These third party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites. As such we can not monitor or guarantee the information contained in these external sites, and we do not endorse any views expressed or products or services offered therein. Nonetheless, we seek to protect the integrity of our brand and welcome any feedback about these sites.

(31) STATEMENTS You agree to refrain from making any statements or comments of a defamatory, harassing, or disparaging nature to any third party regarding TPL, or any of TPL’s policies or Services, other than to comply with law. As a user of our public forums, contests, newsletters, blog comments, social media comments (collectively, “Statements”), you agree that we may at any time, without restriction, edit, publish, copy, distribute, translate and otherwise use in any medium any of which that was forwarded to us. TPL has no obligation to pay compensation for any Statements, to respond to said Statements, and to maintain the Statements in confidence. TPL may but it’s not required to, at its sole discretion, monitor, edit, or remove content we determine violates these Terms + Conditions and are offensive, unlawful, threatening, defamatory, pornographic, harassing, or otherwise objectionable or violates any party’s intellectual property. You are solely responsible for any Statements you make and their accuracy. We take no responsibility and assume no liability for any Statements posted by you or any third-party. TPL does not endorse any statements posted by users.

(32) TRANSMIT Given much of TPL’s operations is technology and web based, it is understood that you will not transmit/trojan horse any destructive code, viruses, malware, or worms. Additionally, you will not spam, phish, spider, crawl, or scrape to collect or track TPL or TPL customer information.

(33) COPYRIGHT The TPL Site is owned and operated by TPL. The visual graphics, design, information, code, copy, Services, are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights. All materials produced by TPL for sale are created for purchasing customer solely and are the intellectual property of TPL. Regardless of free material or purchased material, you agree not to reproduce, adapt, duplicate, copy, distribute, sell, resell or exploit any portion of the Services provided by TPL without written permission from a TPL Director to do so. Additionally, you must not use our Services and products for any illegal or unauthorized purposes, nor may you violate any laws in your jurisdiction. In regards to our test prep packages, based on family requests we may recommend 3rd party resources. SAT® is a registered trademark of the College Board, which was not involved in the production of, and does not endorse this product. ACT® is a registered trademark of ACT, Inc. PSAT/NMSQT® is a trademark jointly owned by the College Board and the National Merit Scholarship Corporation, which were not involved in the production of, and do not endorse this product. AP®, Advanced Placement Program® or Pre-AP® is a registered trademark of the College Board, which was not involved in the production of, and does not endorse, this product. None of the trademark holders are affiliated with TeachPlayLearn LLC or this website.

(34) TRACKING + COOKIES We may track data on our customers in aggregate form to inform TPL on areas of improvement and strengths, website metrics and functionality, and possibly shared in our marketing efforts. TPL’s site may use a third-party click tracking analytics tool (such as Google Analytics) to capture clickthrough statistics. TPL’s site may use a third party to deliver site functionality such as fulfilling your request to book appointments or purchase products or services from TPL, purchase or schedule field trips and workshops, etc. In performing this function, the third party may place a persistent cookie on your computer or have to gather personal information from you to facilitate the processing of your purchase. These are separated entities from TPL, and as a result, TPL is not responsible for the data handling practices, content, or privacy statements of these other entities.

(35) MINORS We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act) and collect all data regarding student minors from the legal guardian(s) directly. We do not knowingly intend to collect personal information from children under 13 years of age (or at least the age of majority in your state or providence of residence) unless TPL has been given consent by the minor’s legal guardian to do so. If by happenstance a child has provided us with personal information, a parent or guardian of that child may contact us at any of the methods listed below, and request the child’s information be deleted from TPL’s database. Rest assured TPL will make all reasonable efforts to do so.

TERMS AND CONDITIONS QUESTIONS

If you have any questions regarding the terms and/or conditions with regards to TPL services, please get in touch with us. Below are some avenues in which you can do so:

Email: hello @ teachplaylearn.com

Our Contact Forms: http://www.teachplaylearn.com/contact

Call: 1+310.850.0859

Admin Mailing Address: 8730 Sunset Blvd. Suite 400 West Hollywood, CA 90069