GAMECHANGERNOW, LLC (hereafter referred to as GAMECHANGER) is here to help you connect with the students whom you never would have found on your own. While you continue to network, searching for students, and working with the students you already have, GAMECHANGER introduces you to additional students you’d never have met without us. We consider ourselves to be the icing on your cake, bringing you more work, more income, and new connections as we market your invaluable skillset.

Please read these Terms of Use before using or continuing to work with GAMECHANGER. Do not agree to the Terms of Use unless you fully understand and accept each provision. By using or continuing to use GAMECHANGER, you warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.

For the purpose of these Terms of Use, an instructor is defined as anyone who is referred by GAMECHANGER to teach any subject.

INSTRUCTOR REQUIREMENTS:

At GAMECHANGER, we get to know instructors professionally and personally. Before we consider you to be a member of the GAMECHANGER team, you must meet the following requirements –

Background checks – We require all instructors affiliated with GAMECHANGER to have a completed background check on file and available for GAMECHANGER’S review if requested for any or no reason. If an instructor does not have a background check on file, said instructor must be willing to do a background check upon request.

Instructors expressly consent to GAMECHANGER collecting, using and disclosing any information obtained in any such report. GAMECHANGER can review and rely on the information in any reports obtained when deciding whether to terminate an instructor. GAMECHANGER is not responsible or liable in any way in the event that any information found in any obtained reports about any person is not accurate, timely, or complete. GAMECHANGER has the sole discretion and reserves the right to suspend and/or terminate instructors based on information in any independently obtained reports or for any other reason.

All instructors must be “experts” in their fields, with a complete knowledge of the content of the sport, instrument, or subject matter that they teach. This includes ALL central concepts and main ideas as well as basic concepts, definitions, and details of the course at each grade level and skill level that you propose to teach. We expect all tutors to be current on NYS curriculum and requirements as well as maintaining up-to-date knowledge of all standardized testing requirements.

GAMECHANGER requires instructors to research requirements for local curriculum. Therefore, instructors teaching a Regents course must have a deep understanding of all materials covered on the Regents. If a coach is training a child for a travel sport tryout, the coach should know the requirements of the tryout and be able to teach the strategy and skill set necessary for the student to achieve success. All instructors must be completely prepared for the lesson before meeting with the student. If necessary, please contact the student in advance of the appointment to ensure that you can proficiently teach the subject matter.

Instructors are expected to be professional and patient. Since our reputation is of paramount importance, we will not tolerate words or deeds that damage our good name. We expect our instructors to show up to lessons and appointments on time. NEVER cancel a lesson without at least EIGHT hours notice. Be polite to everyone in the household.

Instructors and coaches are expected to be articulate. In addition to having a complete knowledge of the course content, syllabus, and course standards, you must be able to clearly and logically communicate information to students.
Instructors are expected to act in the best interests of their students at all times. Instructors are expected to uphold their commitments to their clients barring any unforeseen emergencies or circumstances.

Therefore, once an instructor accepts a job at an agreed upon location with an agreed upon fee (and commission), the instructor is obligated to continue at the will of the family as long as all other circumstances (fee, location) remain the same as those originally agreed upon by the instructor. If at anytime, the instructor does not act in the best interest of a client, GAMECHANGER reserves the right to immediately terminate its association with said instructor.

If, at any time, an instructor chooses to affiliate with another Westchester County tutoring/referral service, said instructor is obligated to inform GAMECHANGER of said affiliation immediately (within 24 hours of this affiliation). We reserve the right to terminate instructors who choose to affiliate with another Westchester County tutoring service. This termination is done solely at the discretion of GAMECHANGER. All GAMECHANGER clients remain property of GAMECHANGER and cannot be moved with said Instructor to another tutoring/referral service. Instructor must keep all contact information for GAMECHANGER clients completely confidential and cannot, at any time, provide this information to a third party. GAMECHANGER reserves the right to take legal action if an instructor releases information regarding a GAMECHANGER client to a third party.
Instructors must acknowledge that a “GAMECHANGER client” comprises an entire family, not simply one member of the family.

Therefore, if you are instructing one student within a household and you are asked to instruct another student within the same household, that second student is also a gamechanger client. All instructors must pay a referral commission on any and all GAMECHANGER clients.

While gamechanger is always working on behalf of our instructors, GAMECHANGER makes no warranties regarding getting clients for instructors. Nor does gamechanger guarantee any minimal number of clients for an instructor. An instructor can be on the GAMECHANGER referral list but not work with any clients at any given time.

GAMECHANGER expects all instructors to behave in a professional manner regarding discussions of GAMECHANGER clients. Do not mention, acknowledge, or discuss names, situations, or progress regarding any other GAMECHANGER clients. Failure to adhere to this expectation can result in immediate termination.

Instructors cannot possess, use, sell, or be under the influence of alcohol or drugs while conducting instruction.
Instructors must observe all anti-harassment and non-discrimination laws in the performance of your services.

Instructors must pay commission on all of their GAMECHANGER lessons via the gamechangernow.com website or by mailing a weekly check on an up to date, weekly basis. All lessons must be recorded on the GOOGLE doc forms shared with instructors and must remain on the shared platform at all times.

GAMECHANGER reserves the right to suspend and/or terminate any instructor with or without notice at any time in its sole discretion, for any reason or for no reason. Instructors agree that, if suspended/terminated, they will make no further use of gamechangernow.com, completely cease contact with all GAMECHANGER clients, and GAMECHANGER reserves the right to remove their profile from gamechangernow.com without refunding any fees associated with said profile.

RESPONDING TO GAMECHANGER:

We expect our instructors to respond to us as quickly as possible, preferably within THREE HOURS of receiving an offer of a new student.

If we do not hear from an instructor within an appropriate amount of time of sending an email or leaving a voicemail, we will move onto the next instructor.

Additionally, GAMECHANGER reserves the right to revoke a job offer to any instructor who does not respond to GAMECHANGER or to a client within an appropriate amount of time, which is to be determined solely at the discretion of GAMECHANGER.

Please note that every GAMECHANGER client remains the property of GAMECHANGER for the life of the relationship. Therefore, no matter how long an instructor works with a GAMECHANGER client, the client remains the property of GAMECHANGER, and the instructor continues to be responsible for commission on this client. This applies whether you have a consistent or sporadic (stop/start) relationship with the GAMECHANGER client

Please note that every instructor is welcome to turn down any job. However, if you accept a job you are obligated to follow through with the client.

PAYMENT:

For local instruction, the client schedules appointments via the GAMECHANGER website and leaves a deposit to hold the appointment. The remainder of the fee is paid directly to the instructor at the time of the lesson.

All instructors must be paid at the time of each individual lesson. If you do not receive payment at the time of a lesson, you are solely responsible for receipt of payment.

All instructors must complete their GOOGLE doc forms on a weekly basis.  All timesheets must be completed on our shared platform via the forms provided.

Failure to pay GAMECHANGER in a timely and appropriate manner could result in removal from our referral list and notification to clients that instructors no longer work with GAMECHANGER. If payment to GAMECHANGER is 10 days or more past due at any time, GAMECHANGER reserves the right to impose a $25 late fee to your account. If payment to GAMECHANGER is more than 20 days past due at any time, GAMECHANGER reserves the right to notify your clients and re-assign the lessons. If payment in the form of a check “bounces” and cannot be appropriately redeemed, the tutor/coach is responsible for replacing said payment and incurring any additional fees imposed by the bank.

For online instruction, clients will pay instructors’ fees through GAMECHANGER’S website. Instructors will receive payment within 72 hours of receipt by the GAMECHANGER system.

GAMECHANGER offers the option of commission payments made via our website. An upcharge of $1.50 per transaction will be charged to the instructor. GAMECHANGER continues to offer the option of mailing a weekly check to GAMECHANGER that must be mailed NO LATER THAN every Friday of every week that an instructor works with a GAMECHANGER client.

Instructors are expected to complete a google doc shared timesheet on a weekly basis whenever the instructor is working with a GAMECHANGER client. Failure to do so could result in a $10 administrative fee.

Instructors are expected to perform services as per their agreement with their client. As per these Terms of Use, instructors must maintain the utmost professionalism (as defined within these Terms of Use) when working with a GAMECHANGER client. Failure to do so will result in immediate termination of the account and all GAMECHANGER accounts, and GAMECHANGER retains the right to stop working with any instructor who is deemed unprofessional (in any way and for any reason) by a GAMECHANGER client. GAMECHANGER also retains the right to make the  recommendation that the instructor not collect any compensation from an unsatisfied client. The instructor has the authority to make the final decision regarding any dispute of compensation from unsatisfied clients as the instructor is an independent contractor referred by GAMECHANGER. GAMECHANGER is in no way and under no circumstances responsible to compensate the instructor for failure to receive the agreed upon compensation by a client for any reason.

RELATIONSHIP WITH GAMECHANGER

Instructor’s relationship with us is that of an independent contractor. Nothing in the terms of use, or any agreement is intended to or shall be construed to create a partnership, agency, joint venture, employment, or similar relationship between you and us.
Instructors are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with or made to any federal, state, or local tax authority with respect to the performance of the services and receipt of compensation.

Instructors are solely responsible for conduct at any lesson or within any communication with student/client. At no time and under no circumstance or situation is GAMECHANGER responsible for any acts of misconduct on the part of the instructor or the student. As GAMECHANGER is a referral service, here to empower and enlighten clients and connect instructors to additional financial/teaching resources, instructors are not employees of GAMECHANGER and henceforth are completely and solely responsible for any accidents, mishaps, miscommunications that happen within the course of the instructor’s work with a client/student obtained via GAMECHANGER.
Instructors agree and understand that they assume all risks when working with GAMECHANGER, including without limitation any and all of the risks associated with any online or offline interactions with clients. Instructors agree to take all necessary precautions, without limitation. GAMECHANGER is not responsible for any disputes, claims, loss, injury, or damage of any kind that might arise before, during, or after any interactions between instructors and clients.

GENERAL TERMS:

GAMECHANGER retains the right to link to outside websites and to advertise independent resources on gamechangernow.com. Instructors acknowledge that GAMECHANGER is not responsible for the availability, veracity, or endorsements of the content of any site or advertisement that appears on gamechangernow.com.

GAMECHANGER is not responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any content, goods, or services linked or advertised on gamechangernow.com.

GAMECHANGER reserves the right to post and publicize any comments by any GAMECHANGER clients or instructors affiliated with GAMECHANGER regarding service, reputation, and expectations about GAMECHANGER or its instructors. All comments will be used discreetly and confidentially.

Unless expressly authorized by GAMECHANGER, instructors cannot reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, download, transmit, or republish the content of gamechangernow.com in whole or in part.

Nothing in GAMECHANGER’S Terms can be construed as conferring any license to intellectual property rights.

Instructors agree to indemnify, defend, and hold harmless GAMECHANGER and its owners against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by GAMECHANGER in any way related to your (a) acts and/or omissions on or off the site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to gamechangernow.com; (c) breach of these terms of use; (d) disputes with or between instructors and clients; (e) use and/or misuse of the site, including without limitation any information, content and/or materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of any services or products or any contracts or arrangements made or provided based on information, content and/or materials obtained on or through the site. Instructors agree to cooperate with GAMECHANGER in the defense of such claims. GAMECHANGER reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification and instructors cannot, in any event, settle any claim or matter on behalf of GAMECHANGER.

GAMECHANGER can notify gamechangernow.com users via email, regular mail, or posting notices or links to notices on gamechangernow.com. GAMECHANGER can, at any time, modify, suspend, or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. GAMECHANGER may also delete, or bar access to or use of, all related information and files. GAMECHANGER is not liable for any third-party for any modification, suspension, or termination of service, or loss of related information. GAMECHANGER may amend these Guidelines at any time by posting the amended terms on gamechangernow.com

These Terms of Use shall be governed by and construed in accordance with the substantive laws, without regard to choice of law rules, of the State of New York.

These Terms of Use must be regarded as an entire agreement between instructors and GAMECHANGER relating to their subject matter, and cancel and supersede any prior versions of these Terms. Instructors cannot assign or otherwise transfer GAMECHANGER’S Terms or any right granted hereunder. Instructors are also subject to additional terms and conditions that may apply when using gamechangernow.com or any affilated or unaffiliated third-party products or services.

Instructors agree that any material breach of GAMECHANGER’S Terms of Use will result in irreparable harm to GAMECHANGER for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, GAMECHANGER is entitled to equitable relief,including both a preliminary and permanent injunction, if such a breach occurs.

These Terms of Use can be altered, changed, removed, re-worked, and re-written without any prior notification to instructors and without any prior acknowledgement on the part of our instructors. Instructors assume the full responsibility to regularly refer to GAMECHANGER’S Terms of Use to ensure that they are up to date regarding GAMECHANGER’S Terms of Use.