Terms and Conditions

These terms and conditions set clear expectations for our tutoring relationship.

Welcome to Portfolio Preparation by Rachel Neikirk, our third-party booking site ("Acuity Scheduling") and affiliated links ("FAQ" and "Terms & Conditions")! We connect parents & families (“Clients") who want to provide learning opportunities for their children ("Students" or "Scholars") with an experienced art teacher who can help them learn ("Tutor") through real time video conference and/or in-person tutoring sessions ("Tutoring Services"). These terms and conditions (“Terms", Agreement") are an agreement between Portfolio Preparation by Rachel Neikirk ("Rachel Neikirk", “we") and the parent/guardian ("Client", “parent”, “you" or "your"). The parties expressly agree to transact and enter into this Agreement by electronic means within the meaning of the Uniform Electronic Transactions Act ("UETA").

Since the student is a minor, the Parent/Guardian must enter into this tutoring contract on his/ behalf and accept all terms and conditions.

All Services

• Bootcamp and Premier subscriptions require a minimum of 2 weekly sessions

• Client preferences indicated on intake forms become legally binding agreements.

Subscriptions

• Subscription payments will be processed automatically according to your preference indicated on intake forms: weekly, bi-weekly, or every 4 weeks. This requires a credit card on file.

• To initiate services, an onboarding fee of $75 will be required as a security deposit. This security deposit will be held in escrow and used to reduce the balance of the final tuition payment or to offset any late payments.

• In the event that a subscription payment is past due, the cost of one session will be withdrawn from the escrow account to prevent an interruption of tutoring services. Restoring the escrow account's full balance resumes tutoring. Once settled, the security deposit will once again be held in escrow to lower the balance for the final week of services.

• Subscriptions are automatically renewed until Portfolio Preparation by Rachel Neikirk receives written emailed notice to the contrary: portfolio.prep.RN@proton.me

• Subscriptions must be used within each weekly, biweekly, or monthly period. They do not roll over.

• In the event that there is an outstanding balance, your credit card on file will be charged.

Tardiness

• No time adjustment shall be made for time lost because of late arrival by Scholar. We will end sessions at scheduled time to honor the other commitments of all parties as well as other scholars.

• If a student is more than 20 minutes late, the session is forfeited—that means we can’t reschedule. Thanks for your understanding so we can keep things running on time!

• If the tutor is late, we will make up any lost time at a time we mutually agree upon.

Cancelation

• Paid sessions may be rescheduled up to twenty-four hours before their scheduled time.

A session is considered forfeited if canceled less than 24 hours before scheduled service or if scholar does not show.

• Tutoring sessions are not refundable.

• Frequent cancellations or reschedules can lead to service dissolution.

• After the completion of three full months of services, this tutoring contract may be discontinued at any time by the Client given a 14-day prior emailed notice. On the final week, the initial fee (security deposit) will be utilized to lower the balance of the final payment. Without 14-day notice, the initial fee and unused sessions are forfeited.

Warranties

Consistency, determination, and application are key to success at Portfolio Preparation by Rachel Neikirk, thus consistent attendance from your scholar is necessary. The tutor is confident in her qualifications, teaching ability, and devotion, and will teach, stimulate learning, provide clear instruction, and motivate students to attain academic achievement.

However, many variables affect a student's success. The tutor makes no claims or warranties about a student's academic success as a result of tutoring. Portfolio Preparation by Rachel Neikirk does not guarantee an improvement in grades, test scores, school admission, or scholastic progress and will not be held liable academically , financially, psychologically, etc.

Status of the Tutor

The Student retains the services of the Tutor as an independent contractor and not as an employee. The Tutor shall be responsible for her insurance and for all statutory declarations & contributions regarding income tax.

Termination and Suspension

Portfolio Preparation by Rachel Neikirk reserves the right to suspend and/or terminate any Client with or without notice at any time in its sole discretion, for any reason. You agree that, if you are suspended and/ or terminated, you will make no further use of Portfolio Preparation by Rachel Neikirk after termination or during suspension.

Claims

According to the rules of this agreement, you shall not submit a dispute or claim against Portfolio Preparation by Rachel Neikirk or its partners, independent contractors.

Modifications

Portfolio Preparation by Rachel Neikirk may make modifications to this Agreement ("Changes") at any time. Except as explicitly provided in this Agreement, such Changes will be effective as to existing Users after Portfolio Preparation by Rachel Neikirk provides notice of the Changes, either through the Platform user interface, sent to the e-mail address or text message associated with your User account; and when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes. If you provide written notice that you do not accept a proposed Change or decline to expressly agree to a proposed Change, Portfolio Preparation by Rachel Neikirk may terminate this Agreement and your use of the Platform.

Indemnification

Tutor shall defend, indemnify and hold harmless Portfolio Preparation by Rachel Neikirk and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from Tutor's acts or omissions; and (b) Tutor's breach of any representation, warranty, or obligation under this Agreement.

Relaxation of Terms

No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.

Whole Agreement

This agreement constitutes the entire understanding between the parties regarding the subject matter thereof and the parties waive the right to rely on any alleged expressed or implied provision not contained herein. Any alteration to this agreement must be in writing and signed by both parties.

Version September 2025