Frontier Tutoring Service Agreement
(Last Modified 10/21/2024)
Terms and Conditions of Enrollment for Academic Tutoring, SAT/ACT Preparation Classes, and SAT/ACT Individual Prep Packages
This Agreement is entered into by the below-named parent, guardian, or responsible party (the "Customer" or “You”) in connection with the provision by Frontier Tutoring LLC (the "Company") of academic tutoring, SAT/ACT preparation classes, and/or SAT/ACT individual prep packages (collectively referred to as the "Service") to the Customer's enrolled student or students (each a "Student" and collectively the "Students"). This Agreement is effective as of the Service Commencement Date, the date of the SAT/ACT Prep Class selected by the Customer, or the date of submission of this enrollment form for SAT/ACT Individual Prep Packages.
1. Definitions
"Agreement" refers to this Frontier Tutoring Service Agreement as amended.
"Service" encompasses the provision of academic tutoring, SAT/ACT preparation classes, SAT/ACT individual prep, or other instructional services to the Student.
"Customer" or “You” includes the parent, guardian, or responsible party or parties for the Service.
"Student" refers to the person receiving the Services (the Student may or may not also be the Customer).
"Company" is defined as Frontier Tutoring LLC, an Alaska limited liability company.
"Service Commencement Date" is the first day that the Service is provided to the Student.
2. Scope of Service & Accessibility
The instructional component of the Services will be provided at the times scheduled during your onboarding call, based on communications between You and an instructor assigned by the Company, or based on other communications between You and an authorized representative of the Company. You must provide your own computer and reliable internet connection if participating in online sessions. The Company is not responsible for disruptions due to technical issues on the Customer’s side, including but not limited to poor internet connectivity or malfunctioning hardware. In the event of a disruption caused by issues related to the Company’s platform, the Customer must report the issue within 24 hours of the session. The Company will make reasonable efforts to resolve such issues but shall not be liable for any indirect or consequential damages arising from the disruption.
3. Price of, and Payment for, Service
All payments made to The Company shall be subject to its Payment Terms and Conditions.
Academic Tutoring: The Customer shall be charged for each Student who participates in the Service prior to each session. Payment is due in full before each session unless a Company-approved payment plan is implemented. At its discretion, the Company may collect payment after a session.
SAT/ACT Prep Class & SAT/ACT Individual Prep: The Customer agrees to pay the full price for the Class or Package, regardless of absences or withdrawal. Payment may be made using the Student's charter school or ASD (Anchorage School District) allotment, where applicable, or by the Customer directly. If paying via credit card, the card will be billed for the full amount upon enrollment.
4. Payment Liability Policy
Session Length (Academic Tutoring): The minimum session length is one (1) hour unless otherwise authorized by the Company.
Cancelled, Missed, and Late Sessions: Academic Tutoring and SAT/ACT Individual Prep lessons canceled within 24 hours of the scheduled start time or missed without prior notice are considered used and will not be rescheduled or refunded. Rescheduling Academic Tutoring and SAT Individual Prep lessons is allowed only if notice is given more than 24 hours before the scheduled start time, and the cancelled lesson must be rescheduled within 6 months of the purchase date of the lesson. Additionally, cancelled Academic Tutoring lessons purchased as part of a subscription plan may only be rescheduled if the Customer has an active subscription for Academic Tutoring at the rescheduled time of the lesson. For group classes including SAT and ACT prep classes, rescheduling is not available and students must attend the scheduled class time. If a student is completing an SAT or ACT prep class, missed sessions can be made up with individual prep hours in accordance with the terms of our Score Improvement Guarantee which by their reference are incorporated herein.
Payment of Full Class/Package Price, Regardless of Attendance: The Customer is liable for the full Class or Package price, regardless of attendance, and must ensure timely payment thereof.
5. Attendance, Drop-Off/Pick-Up, and Times of Supervision
Notice of Absence: The Customer must notify the Company if the Student will be late or absent from any Class or session.
Drop-Off/Pick-Up: The Customer is responsible for timely drop-off and pick-up of the Student. The Company is not responsible for supervising Students outside of scheduled Class or session times.
6. Termination of Service
You may discontinue Your use of the Services at any time by contacting support@frontiertutoring.com.
Academic Tutoring Subscription Plans: Any Lessons scheduled to begin within 24 hours of the cancellation request will be considered used under the cancellation policy. Refunds are not available for partially used months except when exceptional circumstances exist and only at the Company's sole discretion. If You submit a request for cancellation within 5 days of the end of the billing cycle for a Plan, You may still receive a charge for the next cycle if the account has not yet been closed. In this case, You must contact the Company by emailing support@frontiertutoring.com and the Company will refund the charge. You may cancel Your account and discontinue the Services if you have not yet paid for a subscription, even if you have received free Lessons from the Company, providing that the Lessons were offered with no commitment. Certain subscription plans may have a minimum commitment that contractually binds You to pay for the Services under the subscription for a predetermined amount of time. If You have accepted a minimum commitment offer and wish to terminate your account, You may choose to make early payments against the subscription plan to pay off the minimum commitment and close Your account.
7. Contracting with Employees of Frontier Tutoring
The Customer shall not contract directly with employees of Frontier Tutoring for any services provided by the Company.
9. Acknowledgment of Student Responsibilities
The Customer acknowledges that the Student is ultimately responsible for his or her academic performance, including grades and deadlines. The Company cannot guarantee specific grades, college acceptances, or financial aid awards. While best efforts are made, the Company and its representatives are not responsible for the outcomes of academic performance or college admissions.
10. Changes to Service and Dismissals
The Company may modify, add, or disable features of its online platform as necessary for maintenance or upgrades, and will not be liable for temporary service interruptions. The Company may also modify or discontinue any Service features as necessary. Service interruptions due to maintenance or upgrades are not considered a breach of contract. Reasonable notice will be provided for significant modifications that materially affect the Service. If such modifications materially diminish the value of the Service, the Customer may request a prorated refund for the unused portion of the Service within 30 days of receiving notice of the modification.
Academic Tutoring: The Company reserves the right to change the Tutoring Specialist assigned to the Student. If no suitable Specialist is available, the Company will refund a prorated amount of the package price.
SAT/ACT Prep Class & SAT/ACT Individual Prep: The Company reserves the right to change the instructor, Class schedule, syllabus, or content at any time. In the event of Class or session cancellation, the Company will collect only the proportional amount reflecting instruction already provided.
The Company reserves the right to dismiss students for disruptive behavior or non-payment. No refunds will be given if a student is dismissed from a program for violating the terms and conditions, and, in the case of non-payment or past-due payment, access to services will be suspended until all past-due amounts are paid in full.
11. Changes to Agreement
This Agreement cannot be modified except in writing by an authorized executive officer of the Company. The Company reserves the right to modify the terms at any time, with written notice to the Customer. The Customer may withdraw the Student if they object to the new terms and pay only the proportional amount reflecting services already rendered. An electronic copy of the latest edition is available at the Company's website.
12. Intellectual Property Rights
All materials, content, and intellectual property used or created during the provision of Services, including but not limited to course materials, software, session transcripts, and videos, are the exclusive property of Frontier Tutoring or its licensors. The Customer agrees not to copy, distribute, reproduce, or create derivative works from any Company Materials without the express written consent of the Company. Any license granted to access materials or content terminates automatically when the program or service ends.
13. Authorization to Conduct Photography and Recording
The Customer grants the Company permission to use the Student’s likeness in photographs for publications, including online entries, without payment or other consideration, unless written notice revoking permission is provided by the Customer.
Consent to record:
You, The Customer, hereby consent to the creation, storage, review, and use by the Company, its employees, partners, subcontractors, and associates of audio, video, and photographic recordings of You and Your likeness, as well as that of those students (including minor students) in Your charge for whom Services will be rendered (hereinafter the “Recordings”) at any time You or those students in Your charge are receiving Services from the Company.
You understand and acknowledge that the Company may record audio, video, or otherwise of all sessions, whether in-person or online, without additional notice.
These Recordings will be used for purposes including, but not limited to, performance evaluations, training, quality assurance, Lesson reviews, and investigating allegations of misconduct. Recordings that contain proprietary instructional content may be further utilized by the Company for internal development and safeguarding of intellectual property.
All ownership of the Recordings shall remain with the Company. The Company may store Recordings for a period of up to 5 years, unless required by law or necessary for resolving specific disputes.
You understand and acknowledge that, to protect the proprietary nature of the Company’s instructional content, requests for access to or copies of Recordings will only be granted under limited circumstances, such as for resolving specific disputes or where required by law. Any access granted will be subject to strict confidentiality agreements prohibiting further distribution or use beyond the stated purpose.
You hereby waive any right to review or request copies of the Recordings except in the situations outlined above, and agree that all Recordings shall remain the sole property of the Company.
You further agree to indemnify and hold the Company harmless against all claims of loss or damage resulting from the creation, storage, review, or use of the Recordings.
This consent is governed by the laws of the State of Alaska. Any claims or disputes resulting from the Recordings or this clause are to be governed by the terms set forth in the section of these Terms entitled “Governing Law.”
13. Authorization to Release Information
The Customer grants the Company permission to release sensitive information about the Student to any party with a need-to-know, as determined by the Company.
14. Authorization to Call for or Administer Medical Attention
The Customer authorizes the Company to administer first aid and, if necessary, seek emergency medical treatment for the Student. This includes summoning professional emergency personnel and providing consent for necessary medical procedures.
15. Choice of Law and Severability
This Agreement shall be interpreted according to the laws of the State of Alaska. If any provision is deemed invalid, it shall be amended to the minimum extent necessary to comply with applicable law, with the remainder of the Agreement remaining in full force.
16. Waiver of Liability
(a) FRONTIER TUTORING IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR BODILY HARM OCCURING BEFORE, DURING, OR AFTER ANY SESSION OR CLASS. THE CUSTOMER IS RESPONSIBLE FOR TRANSPORTATION AND SUPERVISION OF THE STUDENT OUTSIDE OF SCHEDULED TIMES. FRONTIER TUTORING’S LIABILITY FOR ANY CLAIMS ARISING FROM THE SERVICE SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICE IN QUESTION.
(b) FRONTIER TUTORING SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, WHETHER ARISING FROM CONTRACT, TORT, OR OTHERWISE, IN CONNECTION WITH YOUR PARTICIPATION IN ANY FRONTIER TUTORING PROGRAM, EVEN IF FRONTIER TUTORING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS SPECIFICALLY STATED HEREIN, FRONTIER TUTORING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MAXIMUM AGGREGATE LIABILITY OF FRONTIER TUTORING FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR PROGRAM SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THAT PROGRAM. MORE SPECIFICALLY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITH REGARD TO ADMISSIONS COUNSELING SERVICES AND COLLEGE ESSAY REVIEW SERVICES, FRONTIER TUTORING MAKES NO GUARANTEES OR WARRANTIES ABOUT (i) THE LIKELIHOOD OF ADMISSION TO ANY PROGRAM, (ii) WHETHER THE SERVICES WILL IMPROVE OR DIMINISH YOUR APPLICATION, OR (iii) ANY ASSURANCE OF ADMISSION TO ANY EDUCATIONAL INSTITUTION OR PROGRAM. FRONTIER TUTORING SHALL NOT BE LIABLE FOR ANY FAILURE TO ACHIEVE ADMISSION TO ANY INSTITUTION OR PROGRAM.
(c) IN ADDITION TO ANY OTHER LIMITATIONS OF LIABILITY, DISCLAIMERS, OR EXCLUSIONS THAT MAY APPLY, FRONTIER TUTORING EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES, COSTS, OR EXPENSES (INCLUDING THIRD-PARTY CLAIMS) THAT ARISE FROM OR RELATE TO THE USE OF ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, OR GENERATIVE ARTIFICIAL INTELLIGENCE THAT IS INTEGRATED WITH OUR PRODUCTS AND SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS OR ALLEGATIONS RELATED TO: (1) INFRINGEMENT OF PATENTS, TRADEMARKS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS; (2) BREACH OF CONTRACT, INCLUDING ISSUES RELATED TO OPEN SOURCE OR THIRD-PARTY SOFTWARE REQUIREMENTS; (3) UNEXPECTED OR UNINTENDED BEHAVIORS OF AI OR MACHINE LEARNING MODELS; (4) SECURITY RISKS OR VULNERABILITIES; (5) ERRORS, OMISSIONS, OR INACCURACIES IN DATA OR CONTENT; (6) ISSUES OF DISCRIMINATION, DEFAMATION, BIAS, OR VIOLATIONS OF CONSUMER PROTECTION OR OTHER APPLICABLE LAWS; OR (7) THE USE, HANDLING, OR DISCLOSURE OF DATA, CONTENT, OR INFORMATION DEEMED CONFIDENTIAL TO ANOTHER PARTY.
17. Arbitration
Any dispute arising from this Agreement shall be settled by final and binding arbitration in Anchorage, Alaska, or another mutually agreed location, administered by the American Arbitration Association.
18. Privacy Policy & User Content
You agree to the Privacy Policy, Terms of Service, Cookie Policy, and Disclaimer available on the Company’s website which by their reference are incorporated herein. Any material, information, or communication You upload during sessions will be treated as non-confidential.
19. Force Majeure
The Company shall not be liable for any failure to comply with its obligations where the failure is caused by something outside its reasonable control, including but not limited to weather conditions, fire, flood, hurricane, pandemic, government-imposed restrictions, Acts of God, and other circumstances amounting to force majeure.
20. Referral Program
20.1 Referral Eligibility: Customers participating in Frontier Tutoring’s referral program ("Program") must have an active account in good standing. The referred individual ("Referred") must be a new customer, meaning they have never previously enrolled in any tutoring, test preparation, or other paid services at Frontier Tutoring.
20.2 Referral Rewards: Customers may be eligible to receive rewards for referring new customers who successfully complete the required services as specified in the Referral Program Terms & Conditions. Rewards are subject to the Referral Program Terms & Conditions, including limitations on the number of referrals eligible for rewards and the conditions required for rewards to be issued. Referral rewards are non-transferable, non-exchangeable, and cannot be redeemed for cash unless required by law.
20.3 Program Misuse: Any suspected abuse, fraud, or manipulation of the Program may result in disqualification from the Program, suspension of services, and forfeiture of any referral rewards. Frontier Tutoring reserves the right to investigate all referral activity and to take any necessary action to prevent misuse.
20.4 Full Terms & Conditions: The Referral Program is subject to the complete Referral Program Terms & Conditions, which can be found here. By participating in the Program, you agree to be bound by these terms. The Referral Program Terms & Conditions are hereby incorporated by reference into these service terms. In the event of any conflict between these service terms and the Referral Program Terms & Conditions, the Referral Program Terms & Conditions will take precedence with respect to the Program.
20.5 Changes to Program: Frontier Tutoring reserves the right to modify, suspend, or terminate the Referral Program at any time, with or without notice. Any rewards earned prior to such modification or termination will be honored in accordance with the Program Terms & Conditions as they existed at the time the referral was made.