I, as the lawful parent(s) and/or guardian(s) of the Child (the “Parent,” “I” or “me”), consent to the participation by my Child in the activities and programs as identified (the “Program(s)”) conducted by the Code Ninjas Franchised Location, and to the participation of the Child in all events related to the Program(s).
Participation in Programs and Code of Conduct
In exchange for the payment(s), assumptions of risk, releases of liability, and/or waivers of liability described below, I consent to my Child’s participation in the Program(s).
I understand that my Child must at all times comply with the Provider’s Code of Conduct (which may be modified from time to time). I also understand and acknowledge that the Provider reserves the right, in its sole and absolute discretion, to immediately dismiss, refuse or discontinue services if I or the Child:
- Engages in conduct that the Provider deems to be a violation of the Program and/or the Code of Conduct displayed in the center, as amended from time- to-time;
- Exhibits behavior that is disruptive, uncooperative, defiant, or dismissive of instruction given by any person in authority;
- Uses harsh, offensive or threatening language or engages in threatening behavior; and/o
- Poses a threat to self, staff or other students.
I acknowledge that class space is limited, and that Provider will suffer harm if my Child is dismissed from the Program(s) for any reason above, or for other reasonable cause. I acknowledge and agree that Provider will not be obligated to issue a refund for any amounts paid or due if my Child is dismissed from the Program(s) for any reason. I also acknowledge and agree that I will be responsible for transportation and related costs if my Child is dismissed from the Program(s). Although the Program(s) require that my Child actively participate in accordance with the Program’s curriculum, PROVIDER DOES NOT WARRANT ANY SPECIFIED SUCCESS RATE WITH RESPECT TO MY CHILD’S PARTICIPATION IN THE PROGRAM(S). I UNDERSTAND THAT THIS PROGRAM TEACHES SPECIFIC SKILS, BUT MY CHILD MAY OR MAY NOT ACQUIRE OR ATTAIN A CERTAIN SKILL LEVEL OR PROFICIENCY DURING THE PROGRAM.
Program Classification
THE PROGRAM(S) ARE NOT LICENSED WITH ANY STATE AND ARE NOT CONSIDERED A CHILD CARE FACILITY, DAY CARE FACILITY, AFTER-SCHOOL PROGRAM NOR A PROGRAM THAT OFFERS CHILD CARE SERVICES. AS SUCH, PROVIDER IS NOT REQUIRED TO COMPLY WITH STATE LICENSING STANDARDS, MONITORING REQUIREMENTS NOR STATE IMPOSED REGULATIONS. YOU ACKNOWLEDGE THAT THE CURRICULUM(S) PROVIDED VIA THE PROGRAM(S) DO NOT, AND WILL NOT, QUALIFY PROVIDER TO SERVE AS A CHILD CARE FACILITY, DAY CARE FACILITY NOR AFTER-SCHOOL PROGRAM NOW OR IN THE FUTURE. IF PROGRAM IS DESIGNATED AS SUCH BY THE STATE BECAUSE OF A CHANGE OF LAW, PROVIDER AGREES TO NOTIFY PARENT AND APPLY FOR ANY PERMITTED EXCEPTIONS OR MODIFY THE PROGRAM ACCORDINGLY SO THAT IT IS NOT CLASSIFIED AS A CHILD CARE FACILITY, AFTER-SCHOOL PROGRAM, DAY CARE FACILITY OR ANYTHING SIMILAR, AND PARENT AGREES TO ANY ACTION THAT IS IN FURTHERANCE OF THIS EFFORT.
Payment Terms
The monthly price was determined upon registration. The first monthly payment will be collected upon registration or at membership start date (prorated) and at the first (1st) of the month going forward and excluding the initial period of a paid in full membership option, subsequent payments will be processed every 30 (thirty) days. This agreement automatically renews monthly, unless an alternate enrollment selection is submitted, or the child's enrollment is terminated in writing to the Code Ninjas Franchised Location with at least 30 (thirty) days’ notice to the Provider regardless of participant attendance. You will be charged for your final month and during this time you must use all your hours or forfeit them after last day has passed. There are no refunds for any program at any time. Hours are not redeemable for cash or transferrable.
Freeze/Cancellation Policy
Parent may terminate the Child’s participation in the Program(s) by providing thirty (30) days written notice to Provider at the Provider’s location. Provider may choose to cancel any program at any time with a notice to the customers that their account will not be charged for the next period.
Parent may freeze the Child(s) membership for up to 3 (three) months in total per calendar year. Parent must provide thirty (30) days prior notice to Provider for each instance that Parent wishes to freeze the Child’s membership in the Program(s). The freeze will commence on the first day of the first month following the conclusion of the notice period.
Attendance Policy
Students may arrive no earlier than five (5) minutes prior to their scheduled session time and should be picked up promptly at the conclusion of their scheduled session time. Parent(s) or guardian(s) are permitted but not required to remain on the premises during a student's scheduled session. No parents are allowed inside the dojo during instruction but may remain in the lobby, if desired. Students will not be permitted to leave the facility without the accompaniment of an authorized parent or guardian. Please pickup on time to avoid being assessed a late fee.
Make-Up Policy
For monthly membership options, missed sessions must be made up within 30 (thirty) days and will not be honored without an active membership. For paid in full membership options, missed sessions must be made up within the period of purchase.
Food/Drink Policy
I acknowledge that my Child is not allowed to bring any food or drink on the Provider’s premises unless medically approved and all such food or drink must be manufactured in a "nut-free" facility.
Transportation
Provider does not currently offer transportation services for children enrolled in the Program; however, if Provider elects to offer transportation services in the future Provider will notify Parent in writing and provide terms of service and applicable fees.
Photo Release
I grant Provider and its franchisor, Code Ninjas, LLC (“CNLLC”), irrevocable permission to use and publish my child’s photographs in any of Provider’s or CNLLC’s publications, marketing materials, and other media (including its videos, website, and social media pages), without royalty or other compensation to me.
Video Surveillance
I acknowledge and agree that Provider may use video surveillance equipment to monitor the interior and exterior of its premises on a 24-hour basis. I acknowledge that by participating in the Program(s), I and my Child may be subject to video surveillance and recording. Video surveillance is not conducted within the walls of the bathrooms.
Emergency Medical Treatment
In the event of a medical emergency, the Program staff will first use reasonable efforts to contact the parent(s) and /or guardian(s) before administering or authorizing any treatment. However, I understand that Provider does not have medical personnel/devices available, and that staff is not authorized to provide medical treatment. If a medical emergency arises during the Program, I agree and hereby grant Provider permission to authorize any medical care or emergency medical treatment by any third party that it deems qualified to provide such treatment. I understand and agree that Provider assumes no responsibility nor liability (financial or otherwise) for any injury or damage which might arise out of, or in connection with, such authorized treatment. I further state that there are no undisclosed health-related conditions, health issues or medical diagnosis that Provider should be aware of that would preclude or restrict my Child from use of the transportation, if offered, or fully participating in the Program. I acknowledge that my Child has adequate health insurance to provide for and pay any medical costs that may be attendant because of injury or harm to Child. I further acknowledge that it is my sole responsibility to notify, inform, and update Provider of any medical conditions of Child including, but not limited to known drug and food allergies, known dietary restrictions, and other medical conditions. Provider is not authorized to, and shall not, administer medication or other life-saving treatment and thus if Child has any condition that the Parent determines is such that emergency treatment might be required during the Program, I agree to remain present at the facility to ensure Child’s safety and well-being.
Anti-bullying and Zero-Tolerance Policy
I and my Child agree that everyone has the right to feel physically and emotionally safe while participating in the Program(s). As members of the Code Ninjas community, I and my Child will do everything possible to create and preserve a safe, healthy, and positive learning environment. As defined in this section, bullying refers to verbal acts (Ex: name calling, joking or making offense remarks about religion, gender, ethnicity, or socioeconomic status), physical acts (Ex: punching, tripping, or unwanted physical conduct), or other acts of harassment or intimidation either in person or through other means such as electronically (Ex: spreading rumors or posting degrading, harmful, or explicit pictures, messages, or information using social media, email, text or other forms of electronic communication or cyberbullying). I and my Child understand that bullying will not be tolerated (whether it be cyberbullying, physical or verbal acts, or any activity that disrupts the learning environment), that Provider may take corrective action to prevent or stop any such activity, and that a violation of the anti-bullying rule is a basis for immediate dismissal from the Program. Child agrees to notify Provider immediately if he/she becomes aware of bullying or other harmful activity that occurs during the Program. Provider reserves the right to amend this policy by modifying the rules of conduct maintained at Provider’s facility.
Acknowledgment, Acceptance, and Assumption of Risks
This document provides and imparts sufficient warning that dangerous conditions, risks and hazards risks inherent in utilizing the Program, and in any independent activities undertaken as an adjunct thereto. I understand that my Child’s presence and participation in the Program may expose them to such dangerous conditions, risks and hazards, which include, but are not limited to, diseases, theft or destruction of personal property, personal injury of Child or myself at the Facility, including those injuries caused by another child, and all other foreseeable injuries to Child or myself arising out of the Program. On behalf of myself and my Child, I, the undersigned, voluntarily sign this Waiver and Assumption of Risk on behalf of myself and my Child in favor of Provider, in consideration for the opportunity to have my Child participate in the Program(s) offered by Provider, and engage in other activities sponsored by Provider, including but not limited to: interactions with staff and other students, interaction with computer technology and the internet, consumption of food, and any indoor or outdoor activities related to the curriculum or Program(s). I hereby attest and verify I have been sufficiently advised of the potential risks, and I have full knowledge of the risks of my Child’s involvement in these activities. I assume any expenses incurred in the event of an accident, illness, or other incapacity, regardless of whether I have authorized such expenses. Knowing the dangers, hazards, and risks of such activities. I also agree to assume all risks inherent of my Child’s noncompliance with any code of conduct applicable to the Program students in general.
Representations Before Signing Agreement
I further agree that this Release shall be construed in accordance with the laws of the respective Providers’ state. If any term or provision of this Release shall be held illegal, unenforceable, or in conflict with any governing law, the validity of the remaining portions shall not be affected thereby. All provisions of this Agreement are binding upon me, my heirs, successors and assigns and the estate. BY SIGNING THIS AGREEMENT, I REPRESENT AND SPECIFICALLY WARRANT THE FOLLOWING: (a) I am the parent or legal guardian of Child, and have full authority to execute this Agreement; (b) I have had ample opportunity to read this Agreement and have so done; (c) I fully understand and voluntarily agree to each term of the Agreement; (d) I am under no duress or requirement to sign this Agreement; (e) I have not been induced to sign this Agreement by the statement or conduct of Provider; (g) I have the personal mental competency and legal capacity to understand and enter into this Agreement on behalf of myself and Child; and (h) I am over the age of 18.
Release of Liability
I DO HEREBY IN ADVANCE WAIVE, RELEASE, ACQUIT, FOREVER DISCHARGE, AND COVENANT NOT SUE PROVIDER, ITS OWNERS, AGENTS, EMPLOYEES, AND ALL PERSONS AND ENTITIES OF, FROM ANY/ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSS OF SERVICES, EXPENSES, AND COMPENSATION, ON ACCOUNT OF OR IN ANY WAY GROWING OUT OF, ANY AND ALL KNOWN OR UNKNOWN PERSONAL INJURIES, PERSONAL PROPERTY DAMAGE, OR DEATH RESULTING FROM MY CHILD’S ATTENDANCE OF THE PROGRAM. SHOULD I OR MY SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION TO THIS AGREEMENT, I AND MY SUCCESSORS SHALL BE LIABLE FOR THE EXPENSES INCLUDING LEGAL FEES INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING UNLESS THE PARTY OR PARTIES ARE ADJUDICATED FINALLY LIABLE ON SUCH CLAIM FOR WILLFUL AND WANTON NEGLIGENCE. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND THE TERMS OF THIS RELEASE ARE CONTRACTUAL AND NOT A MERE RECITAL. THIS RELEASE EXTENDS TO AND INCLUDES, BUT IS NOT LIMITED TO, ALL DAMAGES OF EVERY KIND, COMPENSATORY, STATUTORY, CONTRACTUAL, AND UNDER WARRANTY, ALLEGEDLY OCCURRING BOTH IN THE PAST AND WHICH ALLEGEDLY MAY OCCUR IN THE FUTURE, WHICH COULD BE ASSERTED BY ME (PARENT), CHILD, OR BY OTHERS CLAIMING DAMAGES FROM ANY INJURIES I OR MY CHILD MAY SUSTAIN AS A RESULT OF MY EXECUTION OF THIS AGREEMENT OR CHILD’S PARTICIPATION IN THE PROGRAM; THESE INCLUDING ALL PREJUDGMENT AND POST-JUDGMENT INTEREST; AND ANY AND ALL OTHER ALLEGED DAMAGES, ALL LOSSES AND EXPENSES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, AND WHICH ARE OR MAY BE ATTRIBUTABLE TO PROVIDER OR PROVIDER’S EMPLOYEES, OFFICERS, OR AGENTS, ALL OF WHICH ARE RELEASED HEREIN.
Miscellaneous
This Agreement contains the entire agreement between the parties and may only be amended in writing with the parties’ mutual consent. Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by any party without the prior written consent of the other party. This restriction also prohibits assignment from one member of a family to a sibling or other member of the family, or from one Program to another. Provider reserves the right to assign or transfer this Agreement in its sole discretion.
I acknowledge that I have been given the opportunity to ask questions regarding any aspect of this Agreement, and by signing in the space below, acknowledge that I have read completely and fully understand all aspects of this Agreement and consent to its terms. I understand that participation in this program is by choice and that I and my Child may exercise the option to NOT participate in any aspect of these programs by providing the notice required herein. By signing this Agreement, I authorize Provider to use my child’s photograph or likeness for promotion or publicity purposes without compensation.