1. Registration Your execution of the Registration constitutes your acceptance of these Terms. Capitalized terms used but not otherwise defined in these Terms will have the meanings ascribed to such terms in the Registration. When interpreting the Registration, these Terms and any Riders, precedence shall be given to the respective parts in the following descending order: (i) the Riders, (ii) the Registration and (iii) these Terms. These Terms apply to your enrollment of the Child in the Program and you represent that you are the parent or legal guardian of the Child and have the authority to enter the Child into the Program.
2. Medical and Injury Release To the maximum extent permitted by law, you, on behalf of the Child, (i) expressly assume any and all risks and hazards, both known and unknown, resulting from, arising out of or in any way related to the Child’s articipation in the Program, including for bodily harm, injury, illness, infection, death and damage (ii) unconditionally and irrevocably release and forever discharge us and our shareholders, directors, employees, agents, representatives and affiliates (collectively, the “Releasees”) from any and all claims, actions, damages, liabilities and losses of any kind or nature whatsoever, including court costs and reasonable attorneys’ fees (collectively, “Losses”) howsever caused, directly or indirectly, resulting from, arising out of or in any way related to the Child’s participation in the Program and (iii) shall defend, indemnify and hold harmless the Releasees, from any and all Losses, howsever caused, directly or indirectly, resulting from, arising out of or in any way related to the Child’s articipation in the Program. You hereby authorize us to secure proper emergency services and medical treatment from a hospital or physician for the Child in the event of an emergency and agree to bear sole responsibility for any and all such costs.
3. Payment Authorization Unless you otherwise agree to a payment plan, full payment is due on the start date of the Program (payment plans are unavailable for the camp program). Payment arrangements must be made in advance of the commencement of the Program. A 5% surcharge will be applied to late payments. Deposits are non-refundable and will not be applied to any other services we offer. Early withdrawal has no effect on your payment obligations hereunder. We do not provide make-up sessions or classes or offer credit to any of our other programs. You hereby agree that you are fully responsible for any and all amounts due for payment of the Program.
4. Force Majeure Event If we are unable to provide you the Program by reason of any law, government mandate, pandemic, natural disaster, hurricane, riot or any similar event beyond our control (each, a “Force Majeure Event”), failure to perform shall not be deemed a breach of or default under the Terms and we shall not be liable to you. Notwithstanding the occurrence of a Force Majeure Event, your payment obligations under Section 3
will remain in full force and effect. We may invoke our rights under this section as often as any Force Majeure Event occurs.
5. Photography Release Authorization You hereby give permission to us, and all persons acting on our behalf, to obtain, use, copyright, and publish photographic portraits, pictures and videos of the Child and accompanying adult, whether such pictures are still, moving, single or multiple, and authorize use of such individuals names. You shall not videotape or take photos on our premises without our consent.
6. Sick Policy Our staff and administrators have the authority to ask you to take the Child home when he or she exhibits symptoms
or otherwise deem appropriate, in our sole discretion. In such event, the Child must be picked up in our office.
7. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY FOR
ANY LOSSES THAT MAY ARISE UNDER THESE TERMS, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT OR IN TORT, WILL BE LIMITED TO FIVE HUNDRED AND 00/100 UNITED STATES
DOLLARS ($500). WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES INCURRED BY AMBASSADOR ARISING FROM OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT OR ANY OTHER FORM OF ACTION, EVEN WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR SUCH LOSSES WERE REASONABLY FORESEEABLE.
8. Miscellenaeous The Registraiton, these Terms and any Riders constitute the entire agreement between the parties with respect
to the subject matter hereof and supersede any prior agreement or communications between the parties, whether written, oral,
electronic or otherwise. No change, modification, amendment, or addition of or to these Terms or any part thereof shall be valid unless in writing and signed by both parties. You shall at no time publicly disparage us or our employees, agents, officers or representatives. No waiver of any term or right in this Agreement will be effective unless in writing and signed by our authorized representative. Our failure to enforce any provision of these Terms will not be construed as a waiver or modification of such provision, or impairment of our right to enforce such provision or any other provision of these Terms thereafter. Our rights and remedies will be cumulative and not exclusive of any rights or remedies provided by law or equity. The section headings in these Terms are for reference purposes only and will not define, limit or affect the meaning or interpretation of these Terms. Unless the context of this Agreement otherwise clearly requires, (i) the word “or” will not be construed as exclusive and (iii) the word “including” (and its derivative forms) will not be construed as limiting. In the event an ambiguity or question of intent or interpretation arises, these Terms will be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement. If either party brings an action to enforce their
rights under these Terms, the prevailing party may recover
its expenses (including reasonable attorneys’ fees) incurred in connection with the action and any appeal from the losing party. These Terms and all questions relating to validity, interpretation, performance and enforcement will be governed by and construed in accordance with the laws of the State of Florida, notwithstanding any conflicts of laws, doctrines of such states or other jurisdictions to the contrary. Only the courts in the State of Florida, sitting within Miami-Dade County will have jurisdiction over any disputes under this Agreement and the parties stipulate to Miami-Dade County as the county of proper venue. The parties hereby voluntarily and knowingly waive any right they may otherwise have to a trial by jury in any action to construe and/or enforce this Agreement. If any provision of These Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way. Upon the conclusion of the Program in which you register the Child,
Sections 1, 2, 3, 5, 7 and 8 of these Terms will survive and continue in effect and will inure to the benefit of and be binding upon the parties and their legal representatives, heirs, successors and assigns.