Terms & Conditions

Terms & Conditions

On Point Tutoring, LLC (“OPT”)
Effective Date: April 20, 2026

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1. Agreement to Terms

By registering for or using services provided by On Point Tutoring, LLC (“OPT”), you (“Client”) agree to be bound by these Terms & Conditions.

If the student is under 18, a parent or legal guardian agrees on their behalf, represents that they have the legal authority to do so, and assumes full financial responsibility.

Client agrees to be bound by OPT’s Policies, which are incorporated by reference into these Terms.

 

2. Services

OPT provides academic and test preparation tutoring services. OPT does not guarantee any specific academic outcome, score improvement, or admission result.

 

3. Billing & Payment Obligations

Payment Terms
OPT operates primarily on a pay-as-you-go basis. Payment is due upon completion of each session unless otherwise agreed in writing.

Outstanding Balances
OPT reserves the right to suspend or terminate services if:

• An account has an outstanding balance equivalent to three (3) or more hours; or

• Any balance remains unpaid for more than thirty (30) days

OPT may continue services without waiving its right to collect payment.

Late Fees
OPT may assess a late fee of up to five percent (5%) per month on overdue balances, or the maximum allowed by law.

Collections
Balances over ninety (90) days may be referred to a collections agency. Client agrees to pay all associated costs, including reasonable attorneys’ fees, court costs, and collection agency fees, to the fullest extent permitted by law.

Billing Disputes
Any billing dispute must be submitted in writing within five (5) days of the applicable session. Failure to do so constitutes acceptance of the charge.

 

4. Client & Student Responsibilities

Students are expected to:

• Attend sessions on time

• Complete assigned work

• Engage respectfully

OPT may suspend or terminate services for lack of engagement, non-compliance, or inappropriate conduct.

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5. No Guarantee of Results

OPT makes no guarantees regarding test scores, academic performance, or admissions outcomes. Results vary based on student effort, consistency, and external factors.

 

6. Independent Contractor Relationship & Non-Circumvention

Independent Contractors
All tutors are independent contractors and are not employees of OPT.

Non-Circumvention
Client acknowledges that OPT has a legitimate business interest in protecting its tutor relationships and goodwill.

Client agrees not to directly or indirectly engage any OPT tutor outside of OPT services during the term of engagement and for a period of twelve (12) months following the last session.

Client acknowledges that actual damages would be difficult to determine and agrees to pay liquidated damages equal to the greater of:

• $2,500; or

• The total amount paid to OPT in the preceding twelve (12) months

This amount represents a reasonable estimate of damages and is not intended as a penalty.

 

7. Communication & Electronic Consent

Client agrees to receive communications from OPT via email, phone, and SMS.

Client agrees that electronic acceptance of these Terms, including via checkbox acknowledgment, constitutes a legally binding agreement. Electronic records may be used as evidence of acceptance.

 

8. Third-Party Platforms

OPT may utilize third-party platforms for scheduling, communication, sessions or practice exams. OPT is not responsible for outages, technical failures, or compatibility issues.

 

9. Limitation of Liability

To the fullest extent permitted by Florida law, OPT shall not be liable for any indirect, incidental, consequential, or special damages.

OPT’s total liability shall not exceed the total amount paid by Client to OPT in the preceding three (3) months.

Nothing in this section limits liability for gross negligence or willful misconduct where prohibited by law.

 

10. Indemnification

To the fullest extent permitted by Florida law, Client agrees to indemnify, defend, and hold harmless OPT, its owners, employees, and independent contractors from any claims, damages, liabilities, or expenses arising out of Client’s breach, student conduct, or misuse of services.

 

11. Termination

OPT reserves the right to suspend or terminate services at its sole discretion for non-payment, violation of these Terms, inappropriate conduct, or lack of engagement.

Charges incurred prior to termination remain due. No refunds will be issued except as required by law.

 

12. Governing Law & Venue

These Terms are governed by the laws of the State of Florida.

Any disputes shall be resolved exclusively in Miami-Dade County, Florida.

Client waives the right to a jury trial to the fullest extent permitted by law.

 

13. Force Majeure

OPT shall not be liable for any delay or failure to perform due to circumstances beyond its reasonable control.

 

14. Modifications

OPT reserves the right to update these Terms at any time. Continued use of services constitutes acceptance of any updated Terms.

 

15. Entire Agreement

These Terms, together with OPT’s Policies, constitute the entire agreement between Client and OPT.

full agreement.