Enriched NYC LLC
Student Enrollment Agreement Your child will receive academic support services which includes instruction from tutors contracted by EnrichedNYC LLC (all parties together, “ENRICHED”, “we”, “us”, “our”).
Intellectual Property, Logins, Passwords:
All program techniques and materials (online and print), content, code, software, data, videos, and session transcripts, copyrights, trademark rights and other intellectual and property rights used in or related to your child’s program are the exclusive property of ENRICHED or its licensors. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including course materials, obtained from ENRICHED in connection with ENRICHED courses or tutoring programs, and agree to use such information
only for your personal, non-commercial use. Without limiting the foregoing, you further agree not to share your online ENRICHED password or to otherwise allow any other person to use the ENRICHED online resources purchased by you. To the extent you need to download software or documentation to access services or materials in connection with your program, ENRICHED grants you a limited, non-assignable, non-transferable, revocable license to use such services and materials solely for use with your purchased program or services and only for your personal, non-commercial use. Such license will terminate when your program, plan or other
service expires or otherwise terminates.
You understand that for certain ENRICHED programs, size is limited and, therefore, enrollment is taken on a first-come, first-served basis.
You are solely responsible for all telephone, computer hardware and other equipment and all Internet or wireless services required for access to and use of our online services.
ENRICHED reserves the right, in its sole discretion, to change these Student Enrollment Agreement Terms and Conditions, in whole or in part, at any time. Changes in these Student Enrollment Agreement Terms and Conditions will be effective when posted.
Payment: You agree to keep a credit card on file with Enrichednyc and have the option to pay your entire invoice within three business days. If we do not hear from you by then, we will charge the card on file for the full amount. We add a 3% processing fee for credit cards.
You agree to pay in full by credit card/debit or other payment acceptable to ENRICHED, for your purchases of ENRICHED products and services as follows:
● You agree to pay all fees, plus applicable tax, for any purchases you make concurrent with your order. If your payment method is declined and you receive the products or services, you agree to pay all amounts due upon demand by us. If you have not yet received the products or services, we may cancel your order. You authorize us to charge the payment method we have on file, regardless of whether the information associated with such payment method has changed, including but not limited to the expiration date of a credit card. We may receive updated information about your payment method from the issuing financial institution. If we request a third party to collect unpaid amounts that you owe us, you will be liable for all of our attorneys' and/or collection agency fees. Student Withdrawals, Cancellations and Refunds:
If you choose to withdraw your child’s enrollment in a program within the time frames listed below, we will provide a refund of the percentage of the tuition you have paid as listed below, subject to the conditions below.
Time Frame..............................................................................Refund
Before the first scheduled tutoring session................................100%
There are no refunds once you begin tutoring.
How to Withdraw from a Program:
Please contact us at brooke@enrichednyc.com or mary@enrichednyc.com.
Prohibited Conduct; Dismissal from Program or Online Access:
You agree that you will not bring any handgun, firearm, knife, mace, or any other object or material that may be perceived as harmful to others on ENRICHED’s property or teaching locations, regardless of whether or not you are licensed to carry the weapon. In order to attend a program on ENRICHED’s property or teaching locations, you agree that you will comply with other conditions that ENRICHED may notify you of that in ENRICHED’s opinion are warranted to ensure the safety of its instructors or students.
You agree that you will treat ENRICHED tutors, instructors, coaches, and counselors with respect and not use obscenities, make threats or discuss matters other than those related to the subject in which you are being helped in your ENRICHED program.
ENRICHED may dismiss you from a ENRICHED program or cancel your services, including online
access to our services if you:
● have not paid in full after receiving your weekly invoice by the first scheduled session
(unless ENRICHED has approved a payment plan for you), or
● in ENRICHED's opinion, are disruptive in the program, or
● do not comply with our Terms of Use set out on our website, these Student Enrollment
Agreement Terms and Conditions, or other rules and procedures applicable to our
products or services being provided to you.
ENRICHED will not refund any amounts or provide any credit where a student is dismissed froma program or their services are cancelled as set forth above. Disclaimer; Limitation of Liability:
ENRICHED WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR ENRICHED PROGRAM, EVEN IF ENRICHED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENRICHED DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENRICHED'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR ENRICHED PROGRAM WILL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR PROGRAM. IN PARTICULAR, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN RELATION TO ADMISSIONS COUNSELING SERVICES, ENRICHED MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO (A) THE LIKELIHOOD OF SUCCESS IN OBTAINING ADMISSION TO A PROGRAM, (B) WHETHER THE SERVICES WILL ENHANCE OR DETRACT FROM THE STRENGTH OF YOUR APPLICATION, OR (C) ANY GUARANTEE THAT YOU WILL OBTAIN ADMISSION TO ANY PROGRAM. ENRICHED SHALL NOT IN ANY WAY BE LIABLE FOR YOUR FAILURE TO ACHIEVE ADMISSION TO ANY PROGRAM.
Governing Law:
These Student Enrollment Agreement Terms and Conditions and any claim or dispute arising out of, relating to or in connection with these Student Enrollment Agreement Terms and Conditions or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflicts of law principles. The exclusive means of resolving any such claim or dispute shall be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
Canceling Tutoring Sessions
If you need to cancel a scheduled tutoring session, you must give the tutor 24 hours advance notice. If you fail to give 24 hours advance notice of any cancellation, the missed session will be treated for purposes of remaining tutoring hours, as if the session took place. If the tutor cancels or misses an appointment without 24 hours advance notice to you, you will receive one free session of equivalent hours to the missed session of tutoring in addition to the hours in your program.
Adult Supervision
Please note that ENRICHED tutors are not permitted to meet in person with a minor student in a private home unless another adult is present during the entire session. If a tutor arrives for a session and an adult is not present, the tutor will not be able to conduct the session, it will be considered a session cancelled by the student without adequate notice, and you will be charged for the session. If the other adult leaves in the middle of a session with a minor student, the tutor will also leave at that time, and you will be charged for the entire session. Tutors may meet in person with minor students in public locations, such as a library or coffee shop, without
another adult present. Tutors may also meet in person with minor students at ENRICHED’s offices if there are other people in the offices and if they conduct the session in rooms that have doors with windows.There must be a supervising adult within earshot or in the vicinity of all virtual tutoring sessions; that supervising adult shall have a duty to ensure the well-being of the student.
Tutor Satisfaction
If you are not happy with the tutor we have assigned to you, please contact ENRICHED before your second tutoring session. We will assign a new tutor and we will not charge you for the first hour of your first session with your original tutor. Please indicate your acceptance of these Student Enrollment Agreement Terms and
Conditions by checking the “I agree to the Enrollment Terms” checkbox when prompted. I understand that by checking the checkbox when prompted, I acknowledge that I have read and that I agree to these Student Enrollment Agreement Terms and Conditions on behalf of my child. I Agree
Effective Date: November 5, 2024 LIABILITY WAIVER & RELEASE AGREEMENT On behalf of my minor child , I hereby give permission for my child to receive academic support services which include instruction from tutors contracted by EnrichedNYC LLC (“the Services”). As consideration for receiving the Services, I hereby release and hold EnrichedNYC LLC (“EnrichedNYC”) harmless (individually and on behalf of my child) from any liability and/or claims, suits, damages, injury, disability, death, costs and expenses, loss, or damage arising from my/our child’s participation in the above referenced activity, including any liability and/or claims, suits, damages, injury, disability, death, costs and expenses, loss, or damage arising from any act or omission of EnrichedNYC and/or others providing goods or services in connection with the activity, except for acts or omissions that are willful or grossly negligent. It is understood that EnrichedNYC, as used herein, shall include all employees, directors, shareholders, administrators, faculty, officers, staff, volunteers, and representatives of EnrichedNYC.
I hereby release and hold EnrichedNYC harmless from any liability for reasonable decisions or actions as may be taken to protect the health and safety of my child. If in the event of an accident or emergency and I am unavailable to provide consent, I authorize EnrichedNYC to facilitate the provision of health care services to my child, at my expense, as deemed necessary, and I release and hold EnrichedNYC harmless from all liability resulting from such health care services. I agree to indemnify EnrichedNYC for all liability and/or claims, suits, damages, injury, disability, death, costs and expenses, loss or damage to the person or property of others caused by my child. I agree that EnrichedNYC shall have the right to enforce appropriate standards of conduct and I/we authorize EnrichedNYC to take disciplinary or other action deemed reasonably necessary to maintain those standards.
I acknowledge that EnrichedNYC does not employ any tutor, and that it is the responsibility of the Parent/Legal Guardian to ensure that the tutor is suitable for your minor child.
I have read this agreement and agree to the conditions stated above.
Parent/Legal Guardian Signature:
Parent/Legal Guardian Signature:
Date: November 5, 2024
| 