TERMS AND CONDITIONS
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. Assumption of Risk. You understand and acknowledge the dangers and risks involved in the Child’s participation in the Program and any distance learning activities (the “Activities”) in which the Child participates. Injuries may be caused by, and damages may result from, the actions or inactions of the Child or others participating in the Activities or the conditions where the Activities occur. You hereby acknowledge that there may be other injuries or damages incurred not known to you or the Child or not readily foreseeable at this time. You hereby fully accept and assume all risks of such injuries and damages resulting from or in any way related to the Child’s participation in the Activities and agree to supervise the Child during the performance of the Activities. You have read and understood all written materials setting forth the requirements for the Child’s participation and you have instructed the Child to observe, follow and comply with all verbal and written instructions.
3. Payment arrangements must be made in advance of the commencement of the program.
Payment will be automatic monthly payments until the end of the program or until the subscriber cancels earlier. Each payment will open 4 weeks worth of content.
If cancelation occurs, it will apply to the subsequent month and the lessons will be available until the end of the month.
Lessons will be available to watch for 1 year from they first become available.
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.
6. 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.
7. Miscellaneous The Registration, 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. 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, 6 and 7 of these Terms will survive and continue in effect and will insure to the benefit of and be binding upon the parties and their legal representatives, heirs, successors and assigns.
