Standard Family Member Terms of Service – Grade Potential LLC

Updated: November 24, 2025

This sets forth the Standard Family Member Terms of Service (“Standard Terms”) agreed to between Grade Potential LLC (“GP”), with its business address at 2335 Atlantic Blvd, Suite 406, Pompano Beach, FL, and _____________________ (the “Family Member” or “you”), whose residence and email address is listed on the signature page at the end of these Standard Terms. These Standard Terms include an arbitration agreement for all disputes between the parties; the arbitration provisions are attached as Exhibit A and include a jury trial waiver and a waiver of a determination by a court for all disputes.   

Terms and Understandings

1. Services by GP. GP agrees to provide the names and contact information of one or more tutors in GP’s network of experienced independent tutors (the “Tutor” or “Tutors”) to the Family Member to interview and select in order to provide tutoring services in a specific subject matter to a student (the “Student”) in the Family Member’s household or family unit. Such tutoring is intended to be consistent with the age and grade of the Student, in accordance with the terms and understandings below.
2. Relationship between Tutor and Family Member/Student. The Family Member, which includes any person who is the party to these Standard Terms, including a guardian, adult relative, or any adult household member, has the sole right to determine if the Tutor is acceptable to the Family Member and Student before tutoring of the Student begins. Likewise, the Tutor has the sole right to determine if the Family Member and Student are acceptable to the Tutor. These Standard Terms must also be signed and agreed to by any student who is over 18 years of age, unless the Family Member is also the Student.
3. Proficiency of Tutor. Tutors in GP’s network of independent tutors self-identifies the subject matter areas and grade level instruction in which they regard themselves as proficient to tutor, and the Family Member may use any reasonable basis to verify proficiency and suitability of a Tutor, if the Family Member wishes to do so. GP does not verify Tutor proficiency in a subject matter or grade level; and GP does not guarantee that a particular Tutor will be regarded by the Family Member and/or the Student as being a capable and suitable tutor for the particular Student and/or will meet the Family Member or Student’s expectations in all respects. The Family Member and Student has the unlimited discretion to reject a Tutor selected by the Family Member, and to do so without charge to the Family Member after the first tutoring session and before the second tutoring session by any Tutor, upon giving written notice to GP within three calendar days after the end of the first tutoring session with such Tutor; in that circumstance, GP agrees to refund (that is, restore credit to the Family Member account for) the first tutoring session by such Tutor if it has been charged to the Family Member’s account, and GP will also provide one or more alternative Tutors for the Family Member to select.
4. Tutor is an Independent Instructor. The Tutor is not an employee or agent of GP but rather conducts its own independent tutoring business, supplemented by referrals from GP. Accordingly, GP does not direct, control, supervise, evaluate, or monitor any Tutors, who have an independent business relationship with GP. Tutors carry out their services using materials they deem suitable, and do so in an order and sequence they decide in their professional judgment will meet the needs and expectations of the Family Member and Student. The Tutor chooses the manner and means by which it provides tutoring services to a Student, but nothing prevents the Family Member or Student from requesting or requiring that a Tutor provide instruction in a particular manner as to an educational matter within the scope of the engagement and the Tutor’s qualifications.
5. Purchase and Use of Sessions of Tutoring, Pricing and Re-Pricing, Cancellations of Tutoring Sessions, Accounting of Sessions, and Payment(s). GP and the Family Member will agree upon a rate for the purchase of tutoring sessions and the initial number of sessions the Family Member wishes to purchase, in accordance with the pricing structure set forth in Exhibit B to these Standard Terms. If a Family Member wishes to change the number of sessions they wish to purchase, the price per session is subject to change as set forth in Exhibit B. It is understood that, for purposes of these Standard Terms, a session of tutoring is generally one hour; some tutoring can be for a session-and-a-half (1.5 hours) or two sessions (2.0 hours). The Family Member agrees that all sessions purchased initially and at any additional times shall be credited to the Family Member’s account and may be used by the Family Member for receipt of tutoring for the Student or any other member of the Family Member’s household. Each session of tutoring provided by a Tutor shall reduce the balance of such Family Member’s account. The Family Member may cancel a session without a reduction in the balance of such Family Member’s account by informing GP and the Tutor at least 24 hours before the time scheduled for the tutoring session. A cancellation of a tutoring session on under 24 hours’ notice cannot be honored and shall reduce the balance of such Family Member’s account, but as a courtesy the Family Member agrees to so inform the Tutor to avoid the Tutor needlessly preparing for and attending the tutoring session. For purposes of these Standard Terms, a session begins (a) at the time that the Tutor and Family Member mutually scheduled the tutoring to begin, even if the Student or Family Member is unavailable at the scheduled time; (b) does not begin until the Tutor arrives at the Family Member’s designated location and is prepared to begin the tutoring session; (c) shall last at least 50 minutes including time spent by the Tutor reviewing the Tutor’s notes and preparing notes for the next session, but does not include the Tutor’s time traveling to or from the home of the Family Member or Student and does not include any time spent by the Tutor in creating lesson plans or materials for use at the scheduled tutoring session, unless the Family Member and Tutor otherwise agree in writing. Family Member authorizes GP to debit their account for all sessions of tutoring received. The parties may enter into electronic banking arrangements for initial payment of the Family Member’s tutoring account and for replenishing the account. By agreement to these Standard Terms, the Family Member consents and agrees to GP charging or debiting the Family Member’s or authorized credit or bank card when the Family Member made the initial purchase of tutoring sessions and each time their tutoring account is replenished by adding more sessions.
6. Adult must be present during tutoring / tutoring in location other than household; representations, warranties, and covenants. Whenever tutoring is conducted in the household premises of the Family Member or Student, the Family Member represents that all such tutoring shall, without exception, at all times, be conducted only in the presence of the Family Member or at least one adult (other than the Tutor), for the protection of the Student and all other occupants of the Family Member’s or Student’s household. Whenever tutoring is done in a location other than the Family Member or Student’s home, including a school or other location, then an adult other than the Tutor shall be present at all times, without exception. The Tutor has also agreed to these conditions. The Family Member represents, warrants, and covenants that he or she is over 18 years of age; has the legal authority to arrange for tutoring of the Student and is not barred by law or court order from doing so; is doing so to benefit the education of the Student and not for an impermissible or unlawful objective; and will abide by and comply with all laws and regulations at all times while interacting with GP or the Tutor.
7. Background checking. GP obtains from a credit reporting company a background check on all Tutors including criminal conviction information immediately after the time when Tutors initiate a request to join the GP network of independent tutors, unless the Tutor provides GP with a recent consumer report including a criminal background check from a reliable consumer reporting agency transmitted to GP directly from the agency. GP is not in a position to, and does not, obtain a background check on Tutors each time a Tutor’s name and contact information is given to a Family Member; but nothing in these Standard Terms prevents or limits any Family Member, consistent with applicable law, to secure a background check on a Tutor or to check with state or local authorities or to access online information about any past or pending legal proceedings or any types of activities involving a Tutor.
8. No social relationships; tutoring only. In order to protect the Student, Family Member, and others in the Family Member’s household, the Tutor has agreed with GP not to engage in any ‎social relationships and/or communicate in any manner with Students, Family Members, and others in the Family Member’s home, for any reason other than to perform ‎tutoring, and agreed not to engage in any types of physical, romantic, or any type of offensive contact with the Student, Family Member, and others in the Family Member’s home, whether any such conduct or communications are welcomed or not. Likewise the Family Member and Student agree that neither they nor any member of their household will engage in any ‎social relationships and/or communicate in any manner with Tutors for any reason other than in connection with ‎tutoring, and will not engage in any types of physical, romantic, or any types of offensive contact with the Tutor, whether any such conduct or communications are welcomed or not. The Family Member agrees to report immediately to GP any offensive, physical, or romantic conduct or communications by the Tutor.
9. No warranty; limits on liability for all parties. Except as otherwise stated in these Standard Terms in relation to a restoration to the Family Member account of credit for the first tutoring session for a particular Tutor that was not acceptable to the Family Member or Student, GP does not warrant the tutoring services of the Tutor, and disclaims any and all other implied warranties whether arising by law or otherwise. To the maximum extent permitted by law, no party shall be liable to any other party for any direct or indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages which may be related to any damage or loss of property, loss of use, lost profits, or any injury to a person, property, or intangibles including pain and suffering, regardless of the nature of the legal claim against GP, even if GP is informed of the possibility of such damages and even if such damages are foreseeable. In addition, to the fullest extent of the law, the liability of GP, and the liability of the Family Member and Student to the other in any circumstance is limited to the greater of $1,000 or the amount the Family Member has paid to GP in the twelve-month period immediately before any action giving rise to any alleged liability. The Family Member and GP agree that this section of the Standard Terms are fundamental, essential, and material terms and that GP would not provide the Family Member with the contact information of a Tutor absent the Family Member’s agreement to this section of the Standard Terms.
10. Consents. When Student is receiving tutoring and thereafter, the Family Member consents to receive from GP or its representatives telephone calls and text messages, emails, and any and all other types of communications made by any means or any technology, including artificial intelligence, prerecorded message, artificial voice, or an automatic telephone dialing system or other automated system for the selection and dialing of telephone numbers and selection for emails and other types of communications, for informational, promotional, marketing, sales or any other purposes at the phone number(s) and email address(es) the Family Member has provided above. The Family Member understands that their consent above to such calls, text messages, emails, and other types of communications is not required in order to obtain tutoring, to use the services of GP, to receive tutoring from a tutor in GP’s network of independent tutors, or to purchase sessions of tutoring from GP. Family Member may, at any time, revoke their consent and opt out of such telephone calls, texts, emails, and other communications by or on behalf of GP by so stating in an email addressed to questions@gradepotential.com or by mail or courier to Grade Potential LLC, 6278 N Federal Hwy, Unit 34, Fort Lauderdale, FL 33308. The Family Member agrees to provide GP with accurate and up-to-date contact information, including the Family Member’s current phone number(s) and email address(es), and to notify GP immediately in the event of any change to the Family Member’s phone number(s) or email address(es). Notification of such changes must be made in writing and sent to GP by email at questions@gradepotential.com or by mail or courier to Grade Potential LLC, 6278 N Federal Hwy, Unit 34, Fort Lauderdale, FL 33308. The Family Member acknowledges that failure to provide updated contact information may result in GP continuing to contact the Family Member at the previously provided phone numbers and email addresses, and the Customer agrees to waive and release GP from, and to hold GP harmless for, any claims or damages arising from such contact. The Family Member understands and consents to the recording of the Family Member’s telephonic or video communications with GP personnel including its customer service representatives.
11. Applicability of CCPA Privacy Policy and Notice at Collection for California Residents.  If and only if Family Member or Student is a resident of California, then (a) the CCPA Privacy Policy and Notice at Collection for California Residents available at www.gradepotentialtutoring.com/california-privacy from time to time (the “CCPA Privacy Policy”) shall govern processing of personal information of the Family Member and Student to the extent the information is subject to ‎the California Consumer Privacy Act of 2018 as amended, including subject to the California Privacy ‎Rights Act of 2020 and any applicable regulations (“CCPA”) and, (b) to the extent the CCPA Privacy Policy is applicable, it is hereby incorporated by reference into these Standard Terms.
12. Other Terms Incorporated into these Standard Terms. If Family Member or Student uses or otherwise accesses the website operated by GP, then (a) Family Member and Student agree to the Terms of Use and Privacy Policy (including, without limitation, any applicable state-specific terms linked in such Privacy Policy) posted at such website governing the use of such website and the supply of information by Family Member and Student through such website, and (b) any such Terms of Use and Privacy Policy are (to the extent applicable to Family Member and Student by their terms) incorporated by reference into these Standard Terms.  For reference, the Terms of Use and Privacy Policy applicable to any use and access of the website at www.gradepotentialtutoring.com are available at www.gradepotentialtutoring.com/terms-of-use and www.gradepotentialtutoring.com/privacy-policy, respectively.
13. Modifications to these Standard Terms. GP may modify, supplement, revise or in any other manner update these Standard Terms in its sole discretion by posting such updated Standard Terms on its website, http://www.gradepotentialtutoring.com/StandardTerms, and GP agrees to include the date of the update on the website link to the Standard Terms or immediately next to such link on its website. The Family Member agrees to visit the GP website on a regular basis no less frequently than once every three (3) months and, while on the website, to review the Standard Terms of Service at least once during such three-month period if the date on the updated Standard Terms has changed. The parties agree that the terms of any updated Standard Terms shall govern and be binding upon the parties three months after GP has posted such updated Standard Terms on its website, provided you have used the services of a Tutor at any time after the date GP has posted the updated Standard Terms. In the event of a conflict between these Standard Terms and any updated Standard Terms, the updated Standard Terms shall govern. Any attempted modification, supplementation, revision, or other update by the Family Member to the Standard Terms is rejected and will be deemed rejected by GP and shall not be binding on GP without its express written consent.
14. Arbitration; entire agreement and other final terms. The parties to these Standard Terms agree to arbitrate all disputes between the parties as detailed in Exhibit A; the arbitration provisions in Exhibit A provide that all disputes between the parties will be resolved by arbitration and not by a court or a jury. These Standard Terms (including any documents incorporated herein by reference) constitute the entire agreement between GP and the Family (and the Student, if over 18 years of age). These Standard Terms as well as the application, interpretation, construction, and enforceability of them, shall be governed by the laws of the State of Florida, where GP is headquartered, without regard to such state’s conflict of law provisions; that if any provision of these Standard Terms are found by a court of competent jurisdiction to be invalid as being contrary to any federal or state law, the parties nevertheless agree that an arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision and, if unable to do so, shall strike any invalid provision, but the other provisions of these Standard Terms shall remain in full force and effect; that there are no third-party beneficiaries to these Standard Terms unless otherwise provided in these Standard Terms; that the failure of GP to enforce any provision of these Standard Terms will not be construed as a waiver of any rights of GP; that any waiver by GP must be in writing signed by an authorized officer of GP; that GP may at any time assign its rights under these Standard Terms or any part hereof; that the Family Member or Student (if over 18) may not sell, assign, or transfer any of their rights, or delegate, subcontract, or assign any of his or her obligations under these Standard Terms or any part hereof, either voluntarily or by operation of law, without the prior written consent of GP; and that these Standard Terms shall be binding upon both the Family Member and his or her heirs, executors, and legal representatives and upon GP and its successors, and assigns. The Family Member agrees that GP may contact him or her regarding tutoring during the period when Student is receiving tutoring and thereafter. The title and headings of each section is for the convenience of the parties and are not a part of these Standard Terms. 

Agreed:

GP

By: (Signature) ________________________________________
Print Name: __________________________________________
Title: ________________________________________________
Date: _______________________________________________

Family Member  (Signature) _____________________________
Print Name: ___________________________________________
Address: _____________________________________________
Date: ________________________________________________ 
Email address: ________________________________________
Tel. number: __________________________________________
Check here if Family Member is also the Student: ____

Student
(if over age 18) (Signature) ______________________________
Print Name: ___________________________________________
Address: _____________________________________________
Date: ________________________________________________ 
Email address: _________________________________________
Tel. number: ___________________________________________

EXHIBITS A AND B ARE FOUND BELOW

EXHIBIT A TO STANDARD FAMILY TERMS OF SERVICE

Individual Arbitration and Other Related Provisions.

1. Applicability; Definition of “Covered Disputes,” Exceptions; Choice of Law for Arbitration; Scope of Provisions; Enforceability; Court and Jury Trial Waiver.

   This is Exhibit A to the Standard Family Terms of Service (“Standard Terms”). The definitions and abbreviations in the Standard Terms apply to this Exhibit A as well.  The term “Student” in this Exhibit A refers to a Student who has signed the Standard Terms.

   1. The parties mutually agree that any and all Covered Disputes (defined below) that either party has the legal right to sue for in court now or in the future shall be subject to final and binding arbitration under the arbitration provisions set forth below and not decided by a court or a jury.  This means that the parties have selected arbitration as the sole and exclusive forum for the parties to sue or be sued in for all Covered Disputes and that neither party shall have any right to bring or litigate any Covered Disputes in court or have any such Covered Dispute decided by a jury.
   2. Except as excluded below, the term “Covered Disputes” means disputes and claims arising out of or relating to:  the Standard Terms (including the terms and conditions contained in this Exhibit A) and any and all other disputes between the parties and one or more third-party beneficiaries, and includes disputes under federal or state statutes and laws, municipal ordinances, executive orders, or common law (judge-made law) and covers any and all claims of any type.
   3. The term “Covered Disputes” excludes and does not mean any of the following disputes or claims: (i) those that are brought or are proceeding before an administrative body (such as an administrative agency or any other non-court governmental unit) or are before a court reviewing or deciding an appeal of an administrative agency decision; and (ii) those brought under or governed by any law or statute barring individual or class-wide, collective, or representative claims from being arbitrated but only to the extent such act, law, or statute does not permit the Covered Dispute to be arbitrated on an individual basis as the parties have agreed (unless that act, law, or statute is, or is alleged and shown to be, unenforceable in relation to the Covered Dispute. The parties also intend and agree that, to the fullest extent of the law, an arbitration of a Covered Dispute be completed before any non-Covered Dispute is litigated in a court of law.
   4. It is understood by the parties that “Covered Disputes” shall include all such disputes not only between or against any of the parties to these Standard Terms but also, in the case of the Family Member and Student, all disputes or claims against any representatives, heirs, and assigns of the Family Member and the Student, and in the case of GP, all such disputes or claims against its affiliates, subsidiaries, and corporate parents and any of its and their collective officers, agents, employees, members, shareholders, owners, directors, managers, and attorneys. The parties further agree that all of those described in the preceding sentence (other than the parties themselves) are third-party beneficiaries of this Exhibit A and shall have all the rights of a party under this Exhibit A. The terms of this Exhibit A shall and will continue to apply to the parties regardless of the date that a Tutor last provided Services to the Family Member or Student.
   5. The parties intend and agree to require arbitration of all Covered Disputes that can lawfully be arbitrated. If there are any ambiguities or inconsistencies in the terms or conditions of this Exhibit A‎, ‎it is the Parties’ intent that all ambiguities and inconsistencies be resolved in ‎favor of arbitration and in a manner that complies with any and all applicable laws. Further, the parties agree that this this Exhibit A is governed by the law under the Federal Arbitration Act (FAA) and the arbitration law of the State of Florida (where Grade Potential LLC (also referred to as “GP”) has its principal place of business), without giving effect to the legal principles of that State relating to conflict of laws, but if an applicable law requires the arbitration law of a different state other than Florida shall apply, the parties agree that such state arbitration law as well as the FAA shall apply. The parties also agree that such arbitration laws shall apply in all respects to this Exhibit A, including but not limited to the validity, enforceability, application, formation, interpretation, construction, and implementation of the Standard Terms and this Exhibit A, and that if any of the foregoing laws are inapplicable or otherwise would prohibit, exclude, exempt, or limit arbitration of a Covered Dispute, then arbitration shall proceed under any federal or state arbitration law that is applicable. For the avoidance of doubt, if a federal arbitration law does not permit arbitration of a Covered Dispute but a state arbitration law does, then the state arbitration law shall govern; likewise, if a state arbitration law does not permit arbitration of a Covered Dispute but a federal arbitration law does, then the federal arbitration law shall govern.
   6. THE PARTIES WAIVE ANY RIGHT TO A TRIAL BY A JURY OF A COVERED DISPUTE OR TO HAVE A COVERED DISPUTE TO BE DECIDED BY A COURT OR A JURY.
2. Usage of JAMS Streamlined or Comprehensive Arbitration Rules and Procedures; Arbitrator to Decide All Issues; Arbitrator’s Decisions Are Final and Binding.  Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (currently available for review at www.jamsadr.com (under the Rules/Clauses tab). In the event GP selects the Streamlined Arbitration Rules, the Family Member or Student may override that selection and choose the Comprehensive Arbitration Rules. Regardless of which Rules are selected, each party shall have an equal opportunity to present evidence that the arbitrator deems material and relevant to the resolution of the Covered Dispute. If a state law or judicial decision requires that a party be entitled to greater rights in an arbitration than the applicable Rules provides (for example, more depositions than permitted under the applicable Rules), then such greater rights shall be available to the parties. The arbitrator (and not a court) shall decide all issues in any Covered Dispute including but not limited to issues regarding contract formation and any defenses thereto, arbitrability (that is, whether a dispute or claim is or is not a Covered Dispute or is otherwise required to be arbitrated under this Exhibit A), legal consideration, non-availability of class arbitration, timeliness, scope of arbitrator’s authority, arbitration procedures, statute of limitations, and any and all other issues regarding the enforceability, application, interpretation, construction, and implementation of this Exhibit A, to the fullest extent permitted by law. The arbitrator’s decision(s) shall be final and binding. A party may make application to a court for a temporary restraining order or preliminary injunction in aid of arbitration or to maintain the status quo pending arbitration, if the relief being sought by such party may be rendered ineffectual without such temporary or preliminary injunctive order, and any such application shall not itself be deemed a Covered Dispute.
3. Location of Arbitration; Selection and Authority of Arbitrator; Full Remedies Available; Statute of Limitations; Enforceability.  The parties agree that, to the fullest extent permitted by law, any arbitration shall be held at the JAMS location in the U.S. that is closest to the principal place of business of GP; (b) upon the request of the Family Member or Student and in the discretion of the arbitrator, at a location more convenient to the Family Member or Student; (c) in the event a ‎party requests or petitions that a federal district ‎court compel arbitration of a Covered Dispute, the ‎‎arbitration shall be held in the city or county in which the district court is located; and (d) in the event a law requires the arbitration be held in a particular jurisdiction or location, the arbitration shall be held in such jurisdiction or location. It is further agreed between the parties that a single arbitrator shall be selected by the parties consistent with the applicable JAMS Rules and Procedures. To the fullest extent permitted by law, the Arbitrator shall have the power and authority to award any remedy or relief available under applicable law and shall be the sole authority to interpret and apply the provisions in this Exhibit A. To the fullest extent permitted by law, the Arbitrator shall have the authority to apply any federal, state, or municipal law, or executive order, or any common law that the Arbitrator deems applicable to the Covered Dispute consistent with the law and the terms of these Standard Terms.  Any and all issues arising out of these Standard Terms or otherwise related to a Covered Dispute, including but not limited to issues regarding this Exhibit A, the existence, formation, and execution of these Standard Terms and this Exhibit A, and the issues of the Standard Terms’ and this Exhibit A’s application, coverage, scope, enforceability, validity, irrevocability, remedies, location, limitations, fees (see below), awards (see below), attorneys’ fees (see below), opting-out (see below), class action waiver (see below), and choice of law, shall be decided by the arbitrator and not by a court. Likewise, any questions, issues, matters, or disputes arising under this Exhibit A regarding arbitration, including, but not limited to, whether any such question, issue, matter, or dispute should be decided by an arbitrator or a court, shall be decided by the arbitrator and not by a court. The statute of limitations for any Covered Dispute shall be consistent with the applicable statutory and common law statutes of limitations. The arbitrator is empowered and authorized to apply all applicable law, whether substantive, procedural, or related to arbitration. If there are any ambiguities in the terms or conditions of this Exhibit A., it is the parties’ intent that all ambiguities be resolved in favor of arbitration.  If any provision of this Exhibit A is unenforceable, the remainder of this Exhibit A shall remain in full force and effect.
4. Class and Collective Action Waiver; No Consolidated or Joint Proceedings; Failure to Appear.  The parties agree that all Covered Disputes brought against a party (which, as noted above, includes a third-party beneficiary) will be arbitrated on an individual basis only and not in a class action arbitration, a collective action arbitration, or on any other group, representative, consolidated, or joint basis. The arbitrator shall have no authority to consider or resolve any claim or issue in or related to a Covered Dispute on any basis other than on an individual basis between the parties and third-party beneficiaries of this Exhibit A and may not proceed, or direct the parties to proceed, on a class, collective, or representative basis or consolidate or join one or more Covered Disputes pertaining to the Family Member or Student with any other individual’s or entity’s dispute(s).  The provisions in this Exhibit A mean that both parties waive their right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action, claim, or arbitration against the other party or in any action, claim, or arbitration consolidated or joined with another party, with respect to any Covered Dispute, and each party agrees to opt-out of or be severed from any such action, claim, or proceeding. Nothing in this Exhibit A limits or forecloses any rights that either party may have to commence, participate, or testify in, or assist others in any proceeding or investigation of any nature before or related to an administrative, regulatory, or law enforcement agency or testify or assist others in a court proceeding commenced by another person or entity. If a party fails to appear at a hearing after all parties have received due notice of the arbitration, the parties authorize the arbitrator to proceed with the arbitration in the absence of such party who has not appeared, consistent with the applicable JAMS Rules.
5. Fees; Award; Confirmation of Award in Court; Confidentiality. Consistent with the applicable JAMS Arbitration Rules and Procedures, the parties agree that they shall share equally (each pay one-half) of the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS; except that: (a) if a law or any provision in the applicable JAMS Rules limits the fees or costs of the Family Member or Student in bringing or defending against a Covered Dispute, the lower amount and limits shall apply to the Family Member or Student, as applicable; (b) if required by law or by the applicable JAMS Rules, GP will pay the full amount of the arbitrator’s and JAMS arbitration fees and costs; and (c) if the arbitrator determines that it is appropriate or necessary based on Family Member’s or Student’s financial resources, GP shall pay more than one-half, in an amount to be determined by the arbitrator as fair and equitable.  Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. In rendering an arbitration award, the arbitrator shall apply applicable and appropriate law and shall award all statutory remedies and penalties, including attorneys’ fees and costs to the extent authorized by and consistent with law.  The award shall be in writing and the arbitrator shall set forth the essential findings of fact and law.  Either party may request that a transcript and/or recording of the hearing be made. The parties agree that judgment shall be entered upon an award of the arbitrator and any court of competent jurisdiction shall have the authority to enter a judgment upon the award made by the arbitrator and/or to confirm an arbitration award, and any such proceeding shall not itself be a Covered Dispute; provided however that no judgment shall be entered by a court and the award shall not be confirmed if the party against which the award was issued has remedied in full the arbitrator’s award. The parties agree that the arbitration award shall be confidential and shall not be disclosed to any persons or entities, or made available to the public or to third parties, other than the parties’ retained attorneys, accountants, tax preparers, and immediate family members, except to the extent a party seeks to have a court enter judgment upon the award and/or to confirm the award.
6. 30-Day Opt-Out Option.  If the Family Member or Student so chooses, the Family Member or Student is welcome to and may opt out of all of the arbitration and other provisions set forth in this Exhibit A.  In order to opt out, the Family Member or Student must notify GP in writing of his/her desire to opt out of the provisions of this Exhibit A within 30 days of the date that these Standard Terms are executed by the Family Member or Student, either by (i) an e-mail to OptOutAdministrator@gradepotentialtutoring.com, or (ii) by a letter sent by any nationally recognized overnight delivery service (such as FedEx or UPS) to: Opt-Out Administrator, Grade Potential, LLC, 6278 North Federal Hwy, Unit 34, Fort Lauderdale, FL 33308. The Family Member and Student are encouraged to consult with legal counsel or any other person of his/her/its own choice as to whether to opt out or not opt out of the arbitration and other provisions set forth in this Exhibit A. 

THIS IS THE END OF EXHIBIT A.  EXHIBIT B STARTS ON NEXT PAGE

EXHIBIT B TO STANDARD FAMILY TERMS OF SERVICE

Pricing Structure; Re-Pricing 

Pricing is by Tier. Each Tier has a number of sessions. The higher the Tier, the more sessions you can get, and the better pricing.  For example, if you purchase 48 sessions, the price per session that you pay is considerably less than if you purchase 12 sessions.  

The chart below is an illustration of how sessions are priced for each Tier. The lowest Tier is between 1-5 sessions and the cost of each session in this Tier 1 will be more than if you purchase between 6-11 sessions in Tier 2.  

Please note: the prices in the chart below is just for illustration purposes and, of course, is not the actual charge per session. The actual pricing for tutoring sessions depends on many factors including the subject matter of the tutoring (for example, Math vs. English), the grade level of the Student, and the rates for tutors in your geographical area. Your actual pricing rate will be discussed and agreed between you and GP.   

 
Re-Pricing.  If a Family Member wishes to reduce the number of sessions they sign up for initially or during the course of their continuing relationship with GP by changing to a lower Tier, which has a higher cost per tutoring session, the Family Member understands that they will be responsible for the additional cost of each session re-priced at the actual price per session for the lower Tier. The following is an example of re-pricing (which is only applicable when a Family Member changes from a higher Tier to a lower Tier):     

1. Family Member signed up for 24 sessions at the Tier 4 rate of $12 per session (the rate is for illustration purposes only)
2. For illustration purposes, if the Family Member paid for 12 sessions so far, at the rate of $12 per session, the Family Member will have paid GP $144 
3. If the Family Member used 7 sessions to date and wishes to change from Tier 4 to Tier 3, the pricing of those 12 sessions will change and be “re-priced” in accordance with the Tier 3 rate. 
4. The costs of 12 sessions in Tier 3 is (for illustration purposed only) $13 per session, or $156 for 12 sessions. 
5. The Family Member will owe GP the difference between the cost of the 12 sessions calculated at the pricing for Tier 3 minus the cost of the 12 sessions calculated at the pricing for Tier 4, or for illustration purposes only, will owe GP $12 more ($156 minus $144) for those 12 sessions.
6. For illustration purposes only, by changing the Tier from Tier 4 to Tier 3, the Family Member authorizes GP to charge the Family Member $12 and agrees to pay GP the additional cost of $12. 

The Family Member agrees that GP shall have the sole discretion to calculate the re-pricing of sessions when a Family Member wishes to select a lower Tier (at a higher price per session) and that GP’s re-pricing shall be final and conclusive unless the Family Member can show that GP’s re-pricing was not made in good faith.