By engaging Rainwater Tutoring or submitting payment for any invoice, you agree to these Terms of Service. These Terms apply alongside any signed Engagement Agreement or enrollment form; where the two conflict, the signed Agreement controls.
1 — Definitions
Agreement — any signed engagement agreement, enrollment form, or written engagement confirmation from the Tutor.
Client — the parent, guardian, or adult student financially responsible for services.
Tutor — Rainwater Tutoring, a sole proprietorship operated by Michael Rainwater, based in Athens, Georgia.
Package Engagement — any prepaid, fixed-hour engagement (e.g., The Program, The Engagement, or custom multi-hour blocks) with a defined hour count and expiration window.
Monthly Engagement — any recurring tutoring relationship billed monthly in advance based on a scheduled number of sessions or hours per month.
Written Notice — text or email that clearly states intent. Voicemails, verbal statements, and vague language (“thinking about stopping,” “taking a break”) do not qualify.
2 — Services
Included. Live virtual or in-person instruction in academic subjects, standardized test preparation, and academic consulting, as detailed in the Client’s Agreement.
Not included. Completing, writing, or ghostwriting any assignment, essay, or work on the student’s behalf; unlimited or on-demand communication between sessions; or anything constituting academic dishonesty. A request for academic dishonesty is grounds for immediate termination.
Named student only. Sessions are for the student named in the Agreement. Additional attendees require written consent and may incur additional fees.
Intellectual property. All diagnostic tools, assessment frameworks, lesson plans, and custom materials remain the Tutor’s exclusive property. Materials shared with the student are for personal educational use and may not be reproduced, distributed, or shared without written consent.
3 — Payment — General
Rates are set in the Client’s Agreement. Preferred payment methods are Zelle, ACH, or check. Credit card payment is available, subject to a processing surcharge disclosed at invoicing.
If payment is not received by the due date, sessions are suspended until the balance is current. The Tutor is not obligated to hold the Client’s scheduling slot during a suspension.
All fees are non-refundable except as expressly provided in the Client’s Agreement.
4 — Package Engagements
Package Engagements are paid in advance per the Client’s Agreement (typically a deposit at enrollment with the balance due before or shortly after the diagnostic session). Hours expire on the date specified in the Agreement and are forfeited thereafter. Refund rights, if any, are governed exclusively by the Client’s Agreement.
5 — Monthly Engagements
Monthly Engagements are billed monthly in advance. All sessions for a given month must be paid by the last day of the prior month (e.g., April sessions paid by March 31). Time is of the essence.
Termination. Either party may end a Monthly Engagement with at least fourteen (14) days’ Written Notice. The Client owes for all sessions scheduled within the 14-day notice period under the established recurring schedule, whether or not the student attends. If a monthly invoice for the next billing period has already been issued, the full amount remains due. This represents a reasonable estimate of the Tutor’s damages from abrupt termination — not a penalty — and is in addition to any other amounts owed.
Skipped notice. If the Client fails to provide Written Notice, the Client remains responsible for all sessions that would have occurred in the 14 days following the earlier of: (a) the date Written Notice is eventually given, or (b) the date of the Client’s last communication or the student’s last attended session.
Pause requests. If the Client requests a pause or suspension, a return date must be confirmed within thirty (30) days, or the pause will be treated as a termination effective on the date of the pause request. The Tutor has no obligation to hold the Client’s slot during a pause.
6 — Credit Card Authorization (if applicable)
If the Client elects credit card payment — required for Monthly Engagements and optional for Package Engagements — the Client authorizes the Tutor, through Helcim Inc. or the Tutor’s then-current payment processor, to charge the card on file for: (a) invoiced amounts due under the Agreement, (b) any past-due balance, and (c) any termination amounts owed under Section 5. Receipts are provided for each charge. The Client has ten (10) days to dispute any charge in writing; failure to dispute within that window constitutes acceptance. The Tutor does not store card numbers or CVV codes — all payment data is held by the Payment Processor.
7 — Chargebacks
The Client agrees not to initiate a chargeback or payment dispute for any authorized charge. The sole remedy for a disputed charge is the written dispute process in Section 6. Initiating a chargeback in violation of this provision constitutes a material breach. The Client is liable for the original charge amount, any processing or chargeback fees assessed against the Tutor, and reasonable costs of contesting the dispute. A chargeback violation may also result in immediate termination and referral to collections.
8 — Scheduling and Cancellations
Sessions follow the schedule set in the Client’s Agreement. Where the Agreement is silent, the following default rules apply:
- Cancellations with 24+ hours’ notice: rescheduled in good faith, subject to availability.
- Cancellations with less than 24 hours’ notice or no-shows: count as a delivered session. Documented illness or genuine emergency is accommodated at the Tutor’s discretion.
- Tutor cancellations: rescheduled or credited at no cost.
- Repeated no-shows (two or more in a month): grounds for immediate termination.
9 — Termination by Tutor for Cause
The Tutor may terminate any engagement immediately, without notice, for: (a) non-payment; (b) repeated no-shows; (c) disrespectful, threatening, or abusive behavior; (d) a request for academic dishonesty; or (e) a chargeback filed in violation of Section 7. All outstanding balances become immediately due. All fees previously paid are non-refundable except as expressly provided in the Client’s Agreement.
10 — Technology and Session Delivery
The Client is responsible for the student’s internet connection, device, and required software for virtual sessions. Isolated tech disruptions are rescheduled or extended at no charge. Recurring tech issues (three or more disruptions) that the Client has not reasonably addressed may, at the Tutor’s discretion, result in either required resolution before continuing or affected sessions being charged as delivered. Preparation issues — dead laptop, missing materials, noisy environment — are not tech failures and count as attended.
11 — Communication
Business hours are Monday–Friday 9 AM–9 PM ET and Saturday–Sunday 10 AM–8 PM ET. The Tutor will make reasonable efforts to respond within 24–48 business hours. Responses outside business hours are a courtesy, not an obligation. For students under 18, scheduling and billing communications go to the parent or guardian; instructional communication may go directly to the student.
12 — General Provisions
No guaranteed outcomes. Specific test scores, grades, or admissions results are not warranted. Outcomes depend on factors beyond the Tutor’s control, including student effort, attendance, and independent practice.
Limitation of liability. The Tutor’s total liability under these Terms shall not exceed the fees paid by the Client for the calendar month in which the claim arose. No indirect, incidental, special, or consequential damages.
Force majeure. Neither party is liable for delays caused by circumstances beyond reasonable control. If a force majeure event prevents Service delivery for more than fourteen (14) consecutive days, affected sessions will be rescheduled or credited. Fees for sessions already delivered are unaffected.
Governing law. These Terms are governed by the laws of the State of Georgia. Both parties consent to exclusive jurisdiction in Clarke County, Georgia.
Collections. Past-due amounts may be referred to collections or pursued in court. The Client is responsible for reasonable costs of collection — including agency fees, attorneys’ fees, and court costs — on undisputed obligations or obligations resolved in the Tutor’s favor.
Amendments. The Tutor may update these Terms with seven (7) days’ Written Notice and posting at rainwatertutoring.com/terms-of-service/. Continued use after the effective date constitutes acceptance.
Privacy. Client communications, session records, and billing information are kept confidential and not shared with third parties except for billing, collections, or as required by law. Student information for minors is shared only with the parent or guardian of record. See the Privacy Policy for how information collected through this website is handled.
Entire agreement. These Terms, together with any signed Agreement, constitute the entire agreement between the parties and supersede prior discussions.
Severability and waiver. If any provision is held unenforceable, the rest remain in effect, modified to the minimum extent necessary to preserve original intent. Failure to enforce any provision is not a waiver.
Acceptance
By engaging Rainwater Tutoring or submitting payment, you confirm that you have read, understood, and agreed to these Terms.
Rainwater Private Tutoring · Athens, Georgia · info@rainwatertutoring.com · (706) 389-0528