Welcome to VMotiv8 LLC (“Company”, “VMotiv8”, “we”, “us”, or “our”).  VMotiv8 provides VMotiv8 tutoring, an online platform that connects tutors with individuals seeking tutoring and academic coaching services and other services related thereto (collectively, the “Services”) through our website, accessible at www.powerplustutoring.org and any and all associated domains, websites, and applications operated by VMotiv8 and/or that contain VMotiv8 online resources, information, documents, graphics, photos, images, audio, video, software, or other content or materials (the “Site”). The Services include the ability for Users and Tutors (each as defined below) to interact via the platform’s interface or other methods as may be made available by VMotiv8 from time to time.

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BY USING THE SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS, WHICH TOGETHER WITH OUR PRIVACY POLICY GOVERN OUR RELATIONSHIP WITH YOU IN RELATION TO THE SITE AND THE SERVICES. IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, PLEASE DO NOT USE OUR PLATFORM.

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Changes and Updates.  VMotiv8 reserve the right, in our sole discretion, from time to time and at any time without notice or liability to you, modify the terms of this Agreement by posting the revised Agreement on the Platform. You agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Site and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

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You agree to routinely monitor this Agreement and refer to the Effective Date at the bottom of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Site after any changes to this Agreement constitutes your agreement to be bound by any such changes.

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For the purposes of clarity, “User,” “You,” or “Your,” refers to the user or visitor of the Site and/or Services.

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1. Eligibility

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You are eligible to use the Services of VMotiv8 if you are a Student seeking academic tutoring online and you are aged 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you are above the age of majority in your jurisdiction. By using this Site, You represent and warrant that You are at least 18 years of age (or above the age of majority in your jurisdiction), and you are located in a territory where the Services is authorized. VMotiv8 assumes no responsibility or liability for any misrepresentation of Your age. If we have reasonable grounds to believe you are not old enough then we may cancel your Account. VMotiv8 is concerned about the safety and privacy of all its Users, particularly children. For this reason, parents or teachers who wish to allow their children or pupils access to the VMotiv8 Services should assist them in setting up any relevant accounts and supervise their access to the Services. As the legal guardian, it is your responsibility to determine whether any of the Services and/or content are appropriate for your child or pupil.

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2. Relationship of Parties

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Site is a neutral third-party online platform that connects Users seeking tutoring and academic coaching (collectively, “Student”) at such Users’ request, with authorized and highly skilled educators (collectively, “Tutors”) to obtain Services described above. VMotiv8 does not directly provide Services and is not an agent or representative of any Tutor or User. Tutors are independent contractors and are not employees or agents of VMotiv8. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

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VMotiv8 may record and monitor Service sessions, including, but not limited to, any audios, videos, chats, files, and documents, at any time for quality assurance and management purposes and any other internal purposes as VMotiv8 deems necessary without further notice of consent to you.

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All of the Tutors we take on board have to go through various quality checks but their inclusion in our Tutors list do not constitute a representation or warranty by VMotiv8 that such Tutors are of good moral character and are suitable and qualified to provide the Tuition Services which they provide through the Platform. Tutors at VMotiv8 are all self-employed. They are not employed or engaged by VMotiv8 and are not the responsibility of VMotiv8.

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3. Registration & Your Account

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You do not need to register to browse the Site. But to access certain Services you must register on the Site and create an account. You may only create and maintain one VMotiv8 account for use of Services and shall not share your account or any Services with others. You may not create an account for anyone else unless expressly authorized by account Student and VMotiv8 . Parents or guardians may create accounts on behalf of and for the benefit of Students under the age of 18 or age of majority in your jurisdiction. Any and all information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account on Site, you must also choose a password. You are solely responsible for keeping the confidentiality of your account and of Username and password of the account registered with VMotiv8 . You must not give your username and password to any other person for any reason whatsoever. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another User at any time, nor to disclose your password to any third party. You agree you will not sell or share or otherwise transfer your Tutorial Package and any rights and interests with respect thereto. Any attempt to do otherwise sha be null and void. You agree to notify VMotiv8 immediately if you suspect any unauthorized use of your account or access to your password. You agree not to exchange personal information (email addresses, phone numbers, home address, etc.) to any other Users on Site, including Tutors.

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You are not authorized to use the Services of VMotiv8 if you previously had registered account(s) suspended or closed by VMotiv8 . You may cancel your account any time upon 7 days’ notice to VMotiv8 in advance provided that you are not liable for any payment to us. VMotiv8 may cancel your account in its sole discretion for any reason, including but not limited to inactivity or misuse by giving 7 days’ notice in advance of such termination to you.

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By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a US company to do business with. VMotiv8 operates the Services in the United States.

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4. Feedbacks & Reviews

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VMotiv8 may require You to provide a valid credit or debit card tied to an account at a financial institution when you register for an account to ensure you are able to make applicable payments to VMotiv8 or upon ordering Tutoring Services from the Site. All Fees are paid in advance of the receipt of Services. If a payment through card is required, you are responsible for ensuring that a valid credit or debit card is associated with your account.  All financial transactions will be processed in US Dollars. However, the Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject VMotiv8 to any registration requirement within such jurisdiction or country. VMotiv8 will not ask you for your personal information, account Username, and password, or any of your credit or debit card information via email or text message. VMotiv8 will have no responsibility for any misuse of such information if you provide such information via email or text message.

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VMotiv8 reserve the right to amend the Service charges/fee from time to time without giving any prior notice.

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5. Prohibited Activities

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In the event that a Parent or Student wishes to cancel a Tutoring Session, he/she must notify to the Tutor at least 24 hours before the set lesson time. If 24 hours’ notice is not served, then one (1) hour will be deducted from the Tutorial Package.

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Booked Tutoring Session is for a particular Tutor; In no case you can transfer your booked Tutoring Session to any other Student;

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In the event that a scheduled Tutoring Session cannot take place due to a failure in the Site or some other matter the responsibility of VMotiv8 , the Tutor and the Student may agree to postpone the Session and undertake the relevant Tutoring Session at a mutually convenient time.

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VMotiv8 does not provide any prorated refunds for unused Services or credit against other fees payable to the Company. If you are not satisfied with Services for any reason, please contact us.

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6. Restriction on the Use of Site Content

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VMotiv8 grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to enjoy the Services on the Site of VMotiv8 . You may only use the Services for your own personal use. You agree not to view, copy, or procure content or information from the Services by automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data mining technology or processes to frame, mask, extract data or other materials from the VMotiv8 Content unless authorized in writing by VMotiv8. You agree not to do any of the following which strictly prohibited:

1. provide any information that is false, misleading, inaccurate, or incomplete,

2. impersonate any person or entity,

3. falsely state or otherwise misrepresent your affiliation with a third party;

4. Copy, modify, alter, adapt, make available, in any way translate, port, reverse engineer, decompile, or disassemble, frame any portion of this Site,

5. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site or any content found on or originating from the Site including any Music made available on the Site for previewing purposes. Upon payment for Music, you shall be granted a royalty free license to use it in accordance with our EULA.

6. Disrupt or interfere with the Site’s and/or the Services’ operation or the servers or networks that host the Site and/or the Services,

7. Data-mine or harvest information or data about users of the Site and/or the Services without their express consent, including the use robots, spiders or other automatic devices, processes or method to access the Site and/or the Services;

8. use this Site or Services for any illegal, unlawful or unauthorized purposes.

We reserve the right to refuse access to, or use of our Site and/or Services to anyone, at any time, in our sole discretion, without notice or liability to you. It is your responsibility to ensure that your use of the Site and/or Services complies with and does not violate these Terms and all applicable laws.

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7. Obligations of the Tutor

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1. The Parent and Student undertake to assist Tutor in identifying problem areas in which the Student needs specific tutoring. Parent will be responsible for providing pencils, paper and purchasing such optional educational materials as may be recommended by Tutor, at Parent’s cost.

2. The Parent agrees that the Parent will arrange for tutoring to take place in an open space visible to the Parent, the Student’s guardian, or adult caregiver. The Parent agrees that tutoring will not take place in any intimate location such as a bedroom or isolated location.

3. The Parent and/or the Student will not photograph, or video record the Tutor nor shall they post any photographs or videos of the Tutor on social media. Neither the Parent nor the Student will post any information regarding the Tutor on social media.

 

8. Tutor Representations

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YOU MUST TREAT ALL OF YOUR TUTORS WITH RESPECT AND REFRAIN FROM USING ANY ABUSIVE LANGUAGE OR PASSING ANY REMARKS WHICH MAY BE CLASSIFIED AS RACIST, HOMOPHOBIC, SEXIST OR DEFAMATORY AT ALL TIMES. BY ACCEPTING THESE TERMS OF SERVICES, YOU UNDERTAKE AND AGREE THAT YOU WILL NEVER SHARE YOUR PERSONAL CONTACT DETAILS WITH ANY TUTOR OR TO REQUEST ANY PERSONAL CONTACT DETAILS FROM ANY TUTOR. THIS INCLUDES WITHOUT LIMITATION [SKYPE] (OR OTHER ONLINE VIDEO CALL OR CHAT SOFTWARE OR WEB APP) USERNAME, TELEPHONE NUMBER, EMAIL ADDRESS, HOME ADDRESS OR FACEBOOK (OR OTHER SOCIAL OR PROFESSIONAL NETWORKING ACCOUNT) USERNAME. IN THE EVENT THAT YOU REQUEST ANY SUCH INFORMATION, VMOTIV8 SHALL BE PERMITTED IN ITS SOLE AND ABSOLUTE DISCRETION TO BLOCK YOUR ACCESS FROM ITS PLATFORM AND PREVENT YOU FROM ACTING AS A STUDENT AND MAY TAKE ANY SUCH FURTHER ACTION AS IT DEEMS APPROPRIATE. YOU UNDERTAKE AND AGREE NOT TO ATTEMPT TO, OR TO ACTUALLY, CONTACT ANY TUTOR OTHER THAN THROUGH THE SITE OR VMOTIV8. YOU UNDERTAKE AND AGREE NOT TO REQUEST THE BANK ACCOUNT, PAYPAL OR CARD DETAILS OF ANY TUTOR. YOU ACKNOWLEDGE THAT IT CONSTITUTES A MATERIAL BREACH OF THIS AGREEMENT TO ATTEMPT TO CIRCUMVENT VMOTIV8 BY PAYING TUTOR OUTSIDE OF THE PLATFORM.

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9. Service modification

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VMotiv8 reserves the right to change, supplement, discontinue or update any of its Service at any time. VMotiv8 may also change or impose fees for Services provided through the Website at any time in its sole discretion. VMotiv8 may establish or change, at any time, general practices and limits concerning other its Services in its sole discretion. As we continuously update our Services; therefore, we accept no liability if these changes are not immediately reflected in this Agreement.

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10. Intellectual Property

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VMotiv8 retains all rights, titles, and interest in and to Services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect Services or any of VMotiv8's rights or interests therein or any other VMotiv8 intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to Services not expressly granted in these Terms are reserved by VMotiv8.

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11. Feedbacks

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You may from time to time provide suggestions, comments or other feedback to VMotiv8 with respect to Services (“Feedback”). Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for VMotiv8 notwithstanding anything else. You shall, and hereby do, grant to VMotiv8 a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.

 

12. Communications

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By using the Services you consent to receive electronic communications from VMotiv8. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Site and Services.

 

13. Internet Access & Charges

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The volume of data consumed by accessing the Site and Services may be high and Fees paid for the tutorial package do not cover any charges for internet usage. Standard messaging, data and other fees may be charged by your carrier. You  are solely responsible for any internet usage or charges that your ISP may apply in relation to accessing Site and Services. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. This is your responsibility to keep the privacy of your mobile phone device(s).

 

14. Third party web sites & functionalities

 

The Site may contain links to websites controlled, owned, and operated by third parties (“Linked Sites”). Additionally, third parties may provide tools or services (“third party tools”) that are made available to you through our platform. Accordingly, VMotiv8 makes no warranties or conditions regarding such third-party services or websites or third party tools and will not be liable for any loss or damage caused by your use of or reliance on such third services or web sites or third party tools. Your use of third-party services or web sites or third party tools is at your own risk. The inclusion on the Platform of a link to a third-party service or web site, or inclusion of a third party tool, should not be considered  as an affiliation or a partnership with a third party or viewed as an endorsement by VMotiv8 . When you access any of these third-party services or sites, or third party tools, your rights and obligations will be governed by the agreements and policies relating to the use of those third party web sites or services or third party tools.

 

15. Interruption or Suspension of the Website

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VMotiv8 does not guarantee the uninterrupted operation and availability of the Site. From time to time, the Site may be unavailable for any number of reasons including without limitation:

1. The performance of scheduled maintenance including on servers and data lines;

2. The performance of emergency unscheduled maintenance and/or repairs including on servers and data lines;

3. A failure by or error in respect of any Service provider including without limitation any server or data line;

4. An attack on the security or system integrity of the Site including any denial of Service attack; and

5. The introduction or presence of any virus or malicious code in the pages that make up or are accessible from the Site;

6. VMotiv8 shall not be liable for and specifically disclaims any liability in respect of any claims, costs, losses or damages suffered as a result of any suspension or interruption to the Website howsoever caused.

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16. Data protection and privacy

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All personal data that you provide to us in connection with your use of the Site is collected, stored, used, disclosed and otherwise processed by VMotiv8 in accordance with our Privacy Policy. Please read the privacy policy document available on our Site. By accepting these terms you acknowledge that you provide your personal information at your own risk.

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17. Indemnity

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By using the Site or Services, to the extent permitted by law, you agree to indemnify and hold harmless VMotiv8 , its directors, officers, employees, personnel, agents, contractors, affiliates and licensors with respect to: (a) any claims arising out of your breach of these Terms, (b) your use of the Site or Services, (c) any action taken by VMotiv8 in investigating a suspected violation of these Terms or due to its finding or decision that such a violation has been committed.

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18. Disclaimer & Liability

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YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THE UNINTERRUPTED ACCESS PROVIDED TO OR IN CONNECTION WITH THE SITE OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

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YOU EXPRESSLY AGREE THAT VMOTIV8, ITS DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, AGENTS, CONTRACTORS, AFFILIATES, OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE AND/OR THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF VMOTIV8 SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

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THE SITE AND SERVICES ARE PROVIDED WITHOUT GUARANTEES OF ANY KIND. VMOTIV8 DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE SITE AND/OR SERVICES MAY BE REMOVED AT ANY TIME WITHOUT NOTICE OR LIABILITY TO YOU.

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19. Force Majeure.

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Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.

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20. General Provision; Governing Law

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The Terms of this Agreement and the relationship between you and VMotiv8 will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and VMotiv8 agree to submit to the personal and exclusive jurisdiction of the courts located within Cherokee County, Georgia. Any suit to enforce performance or interpretation of this Agreement shall be brought in Cherokee County, Georgia. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the terms included herein will continue in full force and effect. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

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21. Waiver and Release of Liability relating to Coronavirus and other variations

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The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.

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ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. 

I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and/or my child(ren)/household member may be exposed to or infected by COVID-19 by utilization of VMOTIV8 TUTORING’S services and that such exposure or infection may result in personal injury, illness, permanent disability, and death.   I understand that the risk of becoming exposed to or infected by COVID-19 through the use of VMOTIV8 TUTORING’S SERVICES may result from the actions, omissions,  or  negligence  of  myself  and  others,  including,  but  not  limited  to,  VMOTIV8 TUTORING’S  owners, officers, directors, managers, officials, trustees, agents, employees,  contractors, subcontractors, clients, other representatives and their families.  I hereby choose to accept the risk of contracting COVID-19 for myself and/or my child(ren)/household member in order to utilize VMOTIV8 TUTORING’S in-person tutorial services. These services are of such value to me and/or to my child[ren,]/household member that I and/or my child(ren)/household member accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize VMOTIV8 TUTORING’S services in person rather than arranging for an alternative method of enjoying the same services virtually (e.g., videoconference.)  I represent that I have adequate insurance to cover any COVID-19 related illness I and/or my child(ren)/household member may suffer as a result of utilizing VMOTIV8 TUTORING’S services, or else I agree to bear the costs of such illness myself.

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WAIVER OF LAWSUIT/LIABILITY: I hereby forever release, covenant not to sue, waive my right to sue, discharge, and hold harmless VMOTIV8 TUTORING and its owners, officers, directors, managers, officials, trustees, agents, employees, contractors, subcontractors, clients, other representatives or their families (collectively, the “Released Parties”) in connection with exposure, infection, and/or spread of COVID-19 related to utilizing VMOTIV8 TUTORING’S services. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen, or unforeseen. I understand and agree that this release and waiver includes any Claims based on  the  actions,  omissions,  or  negligence  of the Released Parties,  whether  a  COVID-19 infection occurs before, during, or after utilization of VMOTIV8 TUTORING’S SERVICES.

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I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to the use of VMOTIV8 TUTORING’S services, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19. In the event that I file any COVID-19 related lawsuit against VMOTIV8 TUTORING, I agree to do so in Miami-Dade County, Florida. I agree that this Wavier of Liability shall be governed by and construed in accordance with Florida law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. By signing this document, I agree that if I am exposed or infected by COVID-19 during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released. I agree that all provisions of this Waiver and Release shall be binding upon me, my respective personal or legal representatives, heirs, next of kin, executors, administrators, or assigns.

 

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS WAIVER AND RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:

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