Policies & Procedures Agreement

This agreement is subdivided into Section I and Section II. Contractors who register for One-to-One Instruction or Individualized Academics agree to the policies and procedures listed in Section I. Contractors who register for Group Offerings agree to the policies and procedures listed in Section II. Knower Academics programs that incorporate blended models of both group and one-to-one instruction agree to the policies and procedures listed in both Section I and Section II, unless otherwise specified.

Section I. Policies and Procedures for One-to-One Instruction and Individualized Academics

Updated 9/4/2020

Please read this Policies and Procedures Agreement before submitting the registration form. By registering for One-to-One Instruction or Individualized Academics, or other offerings that incorporate these services either exclusively or in blended models with other offerings, you are agreeing to be bound by and to abide by the Knower Academics, LLC’s Policies and Procedures, as listed below. The party contracting services on behalf of the Student is hereinafter referred to as “Contractor”.

Instructional Agreement(s). Upon registration and typically after completion of the initial session, Knower Academics, LLC shall share with Contractor one or more Instructional Agreements which identify services to be performed in support of the student, hereinafter referred to the “Instructional Agreement(s)”.
Duration of Contract. This Agreement shall take effect once registration is completed and shall terminate when the instructional agreement or all remaining instructional agreements have expired via a date or time frame indicated in the instructional agreement itself. The instructional agreement may be extended or adjusted by means of creating new instructional agreements. The instructional agreement may be extended by means of a written agreement between the Contractor and a member of Knower Academics, LLC. The contract established in the instructional agreement may also be terminated by mutual written agreement of the parties.
Contracted Instructional Hours. The Contracted Instructional Hours are hereby defined as the sum of all hours documented in and communicated by the total Instructional Agreements currently in effect. The Student shall commit to scheduling and attending all Contracted Instructional Hours per week (“Contracted Hours”), or to scheduling and attending sessions in a manner that shall result in completion of Total Contracted Hours by a specified end date, as identified in the Instructional Agreement(s). The number of weekly Contracted Hours or total Instructional Hours may be adjusted by means of an updated Instructional Agreement or other written agreement between the Contractor and a member of Knower Academics, LLC.
Fees Payable to Knower Academics, LLC. Registration for Instruction requires that the Contractor submit a non-refundable $150.00 payment. Registration is not completed until the payment is received. On or near the first of the month, Knower Academics, LLC shall invoice for Contracted Hours rendered. If the Contractor authorized automatic credit card billing, Knower Academics, LLC shall charge the card on file on or near the first of the month. If the Contractor did not authorize automatic credit card billing, full payment of invoice is due within 16 days. If full payment is not received within 16 days of invoice delivery, Knower Academics, LLC shall charge the credit card on file for the total cost of the Contracted Hours instructional services. Sessions may also be purchased in bundles wherein a flat rate is charged and specified by communication between parties.
Frequency of Instructional Sessions. Instructional sessions shall be provided in a manner that fulfills the weekly and/or total Contracted Hours. The parties agree to schedule sessions in a manner that fulfills the Contracted Hours as set forth in the “Contracted Instructional Hours” policy.
Scheduling Policy. Knower Academics shall solicit and document days and times that the student is available (“Available Times”). Knower Academics instructors shall provide written “Notice of Session Times” to Student to indicate when sessions shall occur. Knower Academics shall schedule sessions within “Available Times” and in a manner that fulfills “Contracted Hours”; these are official and deemed confirmed regardless of the student responding or not responding. A non-response from the student shall be considered a confirmed session.
Additional Instruction. If expressly identified in the Instructional Agreement, Contractor may authorize the Student to request instruction in addition to the contracted hours. If so authorized, the Student may ask the Instructor to extend a session or schedule additional sessions. Knower Academics, LLC may accommodate requests for additional instruction depending on availability.
Duration of session. Knower Academics generally aligns the session schedule with the class schedule of the schools where Instruction is provided. The duration of session time may also be defined separately for a specific offering.
Change of Schedule. A session is considered “rescheduled” if the hours designated for that session are completed at a later date. Rescheduled sessions ensure a continuity of learning and completion of the Contracted Hours as set forth in the “Contracted Instructional Hours” policy.
Cancellation. A session is considered “cancelled” if the hours designated for that session are not rescheduled for a later date, meaning the Contracted Hours are not completed.
Missed Sessions: Rescheduling or Canceling “Cut-Off” Time. The cut-off time for rescheduling sessions is 3:00 PM Eastern time. All instructional sessions cancelled or rescheduled after 3:00pm, Eastern time, on the day before the scheduled session, along with any sessions that the Student fails to attend, are considered “Missed Sessions” and shall be billed at the full instructional rate,
Authorized Cancellations. Cancelled sessions due to illness (verified via doctor’s note), accidents, accidents to means of transportation, riots, strikes, epidemics, quarantines, acts of God, severe inclement weather preventing safe travel conditions, or other legitimate emergency conditions, which are beyond the control of the non-appearing party preventing the Contracted Hours to occur, shall be considered an Authorized Cancellation. In such event, the parties agree that the remedies shall be limited to: (1) a rescheduling of the session to a mutually acceptable date/time, or if such cannot be accomplished, then (2) a cancellation of that session.
All non-Authorized cancellations shall be billed at full rate. Under special circumstances, the Contracted Hours may be waived or adjusted by written agreement between the Contractor, and a member of Knower Academics, LLC. Special circumstances include, but are not limited to: school vacations, bereavement leave, and other exigencies or emergencies.
Declined Sessions. It is understood that some students may, either deliberately or inadvertently, decline to schedule contracted sessions. Knower Academics, LLC shall make multiple efforts to reach out to Student to confirm and schedule a session; however, if no response is received within an agreed-upon timeframe, Knower Academics, LLC shall define the unconfirmed and/or unscheduled session a “Declined Session”, and shall bill the unconfirmed and/or unscheduled session at the full hourly rate.
Late Arrivals and/or Early Departure. No adjustment to fees shall be made for time lost due to a late arrival or early termination of an instructional session by the Student. The Instructor agrees to wait no fewer than fifteen minutes from the time of the scheduled session for the Student’s arrival before leaving and considering the session cancelled by the Student and therefore subject to the terms set forth in the “Cancellation” policy. Any loss of time occasioned by the late arrival of the Instructor shall be compensated by extending a lesson for an equal or greater time.
Instructional Locations. Under no circumstances shall instruction be conducted at any place without a third party present. Instructional sessions shall generally be conducted in locations on campus, at the Knower Academics office, or a public location. In the event that instruction takes place at the Student’s home, a parent, guardian, or designated adult family member must be physically present at the location at all times. At any time during instruction, if a third party is not present, or for whatever reason leaves the premises, then the Instructor is directed to leave immediately; the session shall be cancelled and billed at the full rate.
Duty to Supply Transportation. Under no circumstances does either Knower Academics, LLC or the Instructor undertake any duty to provide, arrange for, or provide, any transportation or transportation services to the Student.
Confidentiality. The Instructor shall keep confidential all of the Student’s information and shall not contact other parties involved in the Student’s education unless given permission by the Contractor, as identified in the Registration Form and/or Academic Plan, to do so. This confidentiality clause shall survive the expiration of this contract.
COVID-19 Release and Hold Harmless. Teachers and/or administrators at the student’s location may determine that an in-person learning/teaching experience may benefit the Student, at a time and under circumstances when, perhaps, only remote or virtual learning/teaching environments are deemed completely safe as regards the spread of the COVID-19 virus. This Release is in consideration of the in-person learning experience being offered to the Student.
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Knower Academics, LLC, for its part, is committed to having its instructors and other employees using “best practices” for COVID-19 mitigation protocols that apply to in-person, physically proximate, learning/teaching environments. Parent(s), on behalf of the Student, acknowledge and accept the higher personal risk to the Student that the in-classroom learning/teaching environment presents and does/do release and hold harmless Knower Academics, LLC, and the individual Knower Academics, LLC instructor, from and against any COVID-19-related harm or injury that might befall Student as a result of exposure to COVID-19 via the Knower Academics, LLC instructor and/or other Knower Academics, LLC employees (directly or indirectly) supplied to the location in its classrooms and at the location more generally.
Status of the Instructor. It is expressly represented, understood and agreed that the Contractor retains the services of Knower Academics, LLC as an independent contractor and not as an employee.
No Warranties Expressed/Implied. Knower Academics, LLC cannot and does not make any explicit or implied promises or warranties regarding the Student’s change in motivation, performance, capacities, or capabilities as a result of any instruction provided. Each student progresses at a unique and uncharted pace and some students do not demonstrate any progress at all. Knower Academics, LLC makes no guarantee that the Student shall receive credit for work completed. Any implied warranties of fitness or for any specific purpose are also hereby disclaimed.
Relaxation of Terms. No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on any sole occasion shall prevent the subsequent enforcement of such rights and shall not be construed to be a waiver of any subsequent breach of any of the terms.
Duty to Report. Contractor or Student shall immediately report to Knower Academics, LLC any problem with the materials, any problem with any facility, any observed violation of this Agreement, or other potential problem arising from the delivery of the Contracted Hours. This provision is intended to provide Knower Academics, LLC with adequate notice and a reasonable opportunity to identify and abate or remedy any deficiencies within its control.
No Assignment. This Agreement is not assignable by either party.
Joint and Several Responsibility. Each Contractor, Parent, Guardian or Student executing this Agreement is deemed jointly and severally liable hereunder and is required to perform fully all obligations imposed on by this Agreement.
Insurance. Neither Knower Academics, LLC nor Instructor retains any insurable interest in the Student or the Student’s effects, and thus cannot insure Student, from any loss occurring during or arising from the instructional sessions, whether from bodily injury or property damage of any kind whatsoever. Contractors/Students/Parents/Guardians are expected to maintain health and other proper insurance coverage against injuries and property losses or damages.
Security not Promised. The parties hereby expressly acknowledge that the location of the sessions are not to be considered a secured facility which would subject the Instructor or Knower Academics, LLC to any higher degree of care. The Instructor shall take security measures that are, in the Instructor’s sole discretion, reasonable, appropriate, and adequate for the perceived level of problems, and commensurate with the character and types of security measures undertaken by the surrounding facilities. Nothing contained in this paragraph shall be construed as creating any affirmative obligation on the part of the Instructor to undertake any particular or specific course of conduct or a guaranty of the safety of the Student.
Whole Agreement. This Agreement constitutes the entire Agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any provision not specifically contained herein. Any previous agreements or promises, whether written or oral, are without effect. Any amendment to the terms of this Agreement shall be in writing and signed by both parties.
Severability. If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and the terms and provisions not so affected shall be valid and enforceable to the fullest extent either hereunder or as permitted by law.
Notices. All notices hereunder shall be in writing and sent by certified or registered mail, return receipt requested, (a) to the Student, Contractor, Parent, or Guardian at the Student’s, Contractor’s, Parent’s, or Guardian’s address set forth herein, and (b) to Knower Academics, LLC at PO Box 811, Plymouth, NH 03264, or (c) at such other address as any of the parties may have furnished to the other(s) as set forth herein.
Governing Law & Submission to Jurisdiction. This Agreement is entered into, and thus shall be governed by and interpreted in accordance with, the domestic laws of the State of New Hampshire without giving effect to any choice or conflict or law provision or rule (whether of the State of New Hampshire or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Hampshire. Each of the Parties hereto voluntarily submit to the exclusive jurisdiction of any New Hampshire court or for all legal proceedings arising out of or relating to this Agreement. The Parties irrevocably waive to the fullest extent permitted by law any objection which they may have to the laying of venue of any such proceeding brought in any court and any claim that any proceeding brought in such court has been brought in an inconvenient forum.
Minors. If the Student is a minor (less than 18 years of age), then the Contractor/Parent/Guardian is entering into this instructional contract on behalf of the Student and accepts and agrees to all the terms and conditions contained herein on behalf of the Student. If the student is a minor then this agreement also incorporates by reference, herein in its entirety, all the provisions of the separate Consent and Acknowledgment Agreement executed by the Contractor/Parent/Guardian on near or even date herewith.

Section II. Policies and Procedures for Group Offerings and Group/Classroom Components of Blended-Model Programs:

Updated 9/4/2020

Please read this Policies and Procedures Agreement before submitting the registration form. By registering for a Group Offering, you are agreeing to be bound by and to abide by the Knower Academics, LLC’s Policies and Procedures, listed below. The party contracting services on behalf of the Student is hereinafter referred to as “Contractor”.

Syllabus. Knower Academics, LLC shall provide to the Contractor a listing of class dates and times (“Syllabus”) for the course.
Duration of Contract. This Agreement shall take effect once registration is completed and shall terminate immediately after the final class meeting, as identified in the Syllabus. Knower Academics, LLC may amend the Syllabus by means of ten (10) days written notice to the Contractor.
Contracted Hours. Knower Academics, LLC shall provide a predetermined number of instructional hours (“Contracted Hours”) at the dates and times identified in the Syllabus.
Fees Payable to Knower Academics, LLC. All group offerings must be paid in full prior to the start date of the course.
Schedule of Classes. Instruction shall take place according to the schedule listed on the Syllabus or otherwise communicated. If a student is unable or unwilling to attend class, the instructor shall provide a summary of topics covered in class and suggested makeup work at no cost. Makeup classes may be scheduled according to the terms listed in the “Missed Classes” policy.
Class Locations. Under no circumstances shall instruction be conducted at any place without a third party present. Classes shall generally be conducted at an authorized location on campus or at the Knower Academics office, or at a public location. In the event that instruction takes place at a home premises, a parent, guardian, or designated adult must be physically present at the location at all times. At any time during instruction, if a third party is not present, or for whatever reason leaves the premises, then the Instructor is directed to leave immediately; the session shall be cancelled and considered fulfilled. Knower Academics shall be under no obligation to reschedule the class time.
Missed Classes. In the event that the Student misses a class, the Student may schedule a one-to-one session with Instructor, which is billed at the one-to-one instructional rate. Under no circumstance shall Contractor be granted a refund for a class or classes missed by the Student.
Minimum Attendance. A minimum of two (2) students must be present for a scheduled class to take place. If fewer than two (2) students attend a class, the class may be rescheduled at the discretion of Knower Academics, LLC.
Late Arrivals. No adjustment to fees, or extensions to scheduled class times, shall be made for time lost due to a late arrival or early departure by the Student. The Instructor agrees to wait no fewer than fifteen minutes from the start of the scheduled class time for the minimum number of students to arrive before leaving and considering the class cancelled and therefore subject to the terms set forth in the “Missed Classes” policy. Any loss of time occasioned by the late arrival of the Instructor shall be compensated by extending a lesson for an equal or greater time.
Minimum Fill. To be viable, most Knower Academics classes have a minimum fill requirement. In the event that the class does not fill, Knower Academics shall not be bound to provide services.
Withdrawal Deadline. Students enrolled in the class who discontinue attending the class or wish to withdraw from the class are eligible for a refund up to two weeks before the first class meeting. After the first class, no refund shall be available.
Duty to Supply Transportation. Under no circumstances does either Knower Academics, LLC or the Instructor undertake any duty to provide, arrange for, or provide, any transportation or transportation services to the Student.
COVID-19 Release and Hold Harmless. Teachers and/or administrators at the student’s location may determine that an in-classroom learning/teaching experience may benefit the Student, at a time and under circumstances when, perhaps, only remote or virtual learning/teaching environments are deemed completely safe as regards the spread of the COVID-19 virus. This Release is in consideration of the in-classroom learning experience being offered to the Student.
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Knower Academics, LLC, for its part, is committed to having its instructors and other employees using “best practices” for COVID-19 mitigation protocols that apply to in-person, physically proximate, learning/teaching environments. Parent(s), on behalf of the Student, acknowledge and accept the higher personal risk to the Student that the in-classroom learning/teaching environment presents and does/do release and hold harmless Knower Academics, LLC, and the individual Knower Academics, LLC instructor, from and against any COVID-19-related harm or injury that might befall Student as a result of exposure to COVID-19 via the Knower Academics, LLC instructor and/or other Knower Academics, LLC employees (directly or indirectly) supplied to the location in its classrooms and at the location more generally.
Confidentiality. The Instructor shall keep confidential all of the Student’s information and shall not contact other parties involved in the Student’s education unless given permission by the Contractor to do so. This confidentiality clause shall survive the expiration of this contract.
Status of the Instructor. It is expressly represented, understood and agreed that the Contractor retains the services of Knower Academics, LLC as an independent contractor and not as an employee.
No Warranties Expressed/Implied. Knower Academics, LLC cannot and does not make any explicit or implied promises or warranties regarding the Student’s change in motivation, performance, capacities, or capabilities as a result of any instruction provided. Each student progresses at a unique and uncharted pace and some students do not demonstrate any progress at all. There is no guarantee that the Student will receive credit for work completed. Any implied warranties of fitness or for any specific purpose are also hereby disclaimed.
Relaxation of Terms. No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on any sole occasion shall prevent the subsequent enforcement of such rights and shall not be construed to be a waiver of any subsequent breach of any of the terms.
Duty to Report. Contractor or Student shall immediately report to Knower Academics, LLC any problem with the materials, any problem with any facility, any observed violation of this Agreement, or other potential problem arising from the delivery of the Contracted Hours. This provision is intended to provide Knower Academics, LLC with adequate notice and a reasonable opportunity to identify and abate or remedy any deficiencies within its control.
No Assignment. This Agreement is not assignable by either party.
Joint and Several Responsibility. Each Contractor, Parent, Guardian or Student executing this Agreement is deemed jointly and severally liable hereunder and is required to perform fully all obligations imposed on by this Agreement.
Insurance. Neither Knower Academics, LLC nor Instructor retains any insurable interest in the Student or the Student’s effects, and thus cannot insure Student, from any loss occurring during or arising from the classes, whether from bodily injury or property damage of any kind whatsoever. Contractors/Students/Parents/Guardians are expected to maintain health and other proper insurance coverage against injuries and property losses or damages.
Security not Promised. The parties hereby expressly acknowledge that the location of the classes are not to be considered a secured facility which would subject the Instructor or Knower Academics, LLC to any higher degree of care. The Instructor shall take security measures that are, in the Instructor’s sole discretion, reasonable, appropriate, and adequate for the perceived level of problems, and commensurate with the character and types of security measures undertaken by the surrounding facilities. Nothing contained in this paragraph shall be construed as creating any affirmative obligation on the part of the Instructor to undertake any particular or specific course of conduct or a guaranty of the safety of the Student.
Whole Agreement. This Agreement constitutes the entire Agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any provision not specifically contained herein. Any previous agreements or promises, whether written or oral, are without effect. Any amendment to the terms of this Agreement shall be in writing and signed by both parties.
Severability. If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and the terms and provisions not so affected shall be valid and enforceable to the fullest extent either hereunder or as permitted by law.
Notices. All notices hereunder shall be in writing and sent by certified or registered mail, return receipt requested, (a) to the Student, Contractor, Parent, or Guardian at the Student’s, Contractor’s, Parent’s, or Guardian’s address set forth herein, and (b) to Knower Academics, LLC at PO Box 811, Plymouth, NH 03264, or (c) at such other address as any of the parties may have furnished to the other(s) as set forth herein.
Governing Law & Submission to Jurisdiction. This Agreement is entered into, and thus shall be governed by and interpreted in accordance with, the domestic laws of the State of New Hampshire without giving effect to any choice or conflict or law provision or rule (whether of the State of New Hampshire or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Hampshire. Each of the Parties hereto voluntarily submit to the exclusive jurisdiction of any New Hampshire court or for all legal proceedings arising out of or relating to this Agreement. The Parties irrevocably waive to the fullest extent permitted by law any objection which they may have to the laying of venue of any such proceeding brought in any court and any claim that any proceeding brought in such court has been brought in an inconvenient forum.
Minors. If the Student is a minor (less than 18 years of age), then the Contractor/Parent/Guardian is entering into this contract on behalf of the Student and accepts and agrees to all the terms and conditions contained herein on behalf of the Student. If the student is a minor then this agreement also incorporates by reference, herein in its entirety, all the provisions of the separate Consent and Acknowledgment Agreement executed by the Contractor/Parent/Guardian on near or even date herewith.