Permission, waiver, and release of liability for Togetherhood, LLC activity
By registering and paying for a service, which includes agreeing to the terms of service, a person agrees to the following. Each of the key terms called out below is either entered by the parent as part of the registration process or included as part of the listing for which the Parent registers.
I, Parent or Legal Guardian (“Parent”) of ______________ (“Child”), has the legal authority to and hereby does grant permission for Child to participate in following activity listed in Section 1 below pursuant to the following terms and conditions (“Agreement”).
1. Title: <Included in the service listing> (“Classes”).
2. Description: <Included in the service listing>
3. Frequency and Dates: <Included in the service listing>
4. Cost: <Included in the service listing>. Payment must be made in full prior to the first date of Class listed above.
5. Refunds: Togetherhood will issue a pro-rata refund for the remaining Classes if Parent terminates this Agreement prior to the second date Class is scheduled above. Togetherhood will provide a credit for up to two (2) Classes that Child is unable to attend for health-related reasons towards a future class. Togetherhood reserves the right to ask for medical documentation prior to granting any such credit. In the event Classes are cancelled or interrupted, either permanently or indefinitely, due to causes beyond Togetherhood’s reasonable control, including earthquake, flood, other natural disaster, epidemic, pandemic, act of God, labor controversy, civil disturbance, government orders and rules, terrorism, war (whether or not official declared), or the inability to obtain sufficient supplies, transportation, or other essential commodity or personnel required to conduct the Classes, or any change in or the adoption of any law, regulation, judgment, or decree, no refunds will be issued, however, Togetherhood may offer a credit, pro rata, towards future classes.
6. Location: <Included in the service listing>
7. Health and Safety: The health and safety of all Togetherhood children and staff is our foremost priority. As is such, the following rules and procedures must be followed strictly.
a. Children, Staff, Parent(s), Caretakers, and Enrichment Providers will be required to wear a mask or comparable face covering and follow social distancing guidelines while at the Classes at all times.
b. Parents hereby agree to keep their Child home in the event the Child has a fever, cough, chills, shortness of breath/difficulty breathing, excess fatigue, body aches, headaches, loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea, or any other symptom that may be related to or indicative of being infected with the COVID-19 virus; report to Togetherhood the results of any COVID-19 virus test performed on the Child, Parent(s), any other member of the Child’s household, or any individual with whom the Child regularly has physical contact or who cares for the child, such as a babysitter or nanny.
c. In the event anyone contemplated by paragraph 7(b) tests positive for COVID-19, you hereby authorize Togetherhood to anonymously report the results to the other members and coaches of the relevant Child’s class.
d. If Child develops any of the symptoms contemplated by Section 7(b), Togetherhood shall immediately isolate the Child from the remainder of the staff and children and notify Parent(s). Parent(s) shall make all possible efforts to come pick up Child and remove Child from the class as soon as possible.
e. Parents hereby agree to drop off and pick up their child on time according to class schedule, and ensure their Child follows all Togetherhood rules, policies and procedures.
8. Student Materials: Parent(s) are responsible for ensuring their Child has a water bottle, soccer ball, a mask or comparable face covering and an extra mask, at each class.
9. Togetherhood Enrichment Provider: Parent understands and agrees that the Classes shall be conducted by a Togetherhood Enrichment Provider (“Enrichment Provider”) who is not an employee of Togetherhood, rather a participant in the Togetherhood marketplace located at www.togetherhood.us. The Enrichment Provider shall be responsible for creating the substance of the Classes and providing instruction with or without the support of Togetherhood employee. The Enrichment Provider shall have the requisite knowledge and experience to conduct the Classes and shall enter into a written agreement with Togetherhood agreeing to Togetherhood’s health and safety protocols and procedures and warranting that the Enrichment Povider is legally permitted to work with children. Togetherhood has no control over the content, substance, or manner in which the Classes are provided.
11. Social Media Waiver: Parent hereby grants Togetherhood and Enrichment Provider permission to photograph and/or take videos of Child for the purposes of promoting the Classes, future classes, Togetherhood and the Marketplace, and any reasonably related purpose or use.
12. Waiver and Limitation of Liability: I understand and acknowledge that allowing Child to participate in the above-listed Classes presents the potential for death, serious injury and property loss. The risks include, but are not limited to, those caused by terrain, facilities, participation in the activity itself, equipment, weather, vehicular traffic and the actions of others, including, but not limited to, spectators and volunteers. In consideration and participation of this event, I hereby WAIVE, RELEASE AND DISCHARGE from any and all liability for the death, disability or personal injury to Child (or others), Togetherhood, its directors, officers, employees, representatives, contractors, and other agents and I also agree to INDEMNIFY AND HOLD HARMLESS, the entities mentioned in this paragraph from any liabilities or claims made by other individuals or entities as a result of my Child’s (or other’s) actions. THIS PERMISSION, WAIVER, AND RELEASE COVERS MY PERSONAL RIGHTS AND MY RIGHTS AS GUARDIAN AND IS IN ADDITION TO ANY SIMILAR WAIVER AND RELEASE CONTAINED IN THE TUITION CONTRACT.
13. Conflict Resolution: This Agreement shall be governed by and construed according to the laws of the State of New York. In the event that Togetherhood is required to commence a litigation or arbitration that results from or arises out of this Agreement or the performance thereof, Parent(s) agree to reimburse the Togetherhood’s reasonable attorneys’ fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which Togetherhood may be entitled. Any dispute or controversy arising under this Agreement shall be exclusively submitted to arbitration under the rules of the American Arbitration Association, except as otherwise provided herein. Said dispute shall be heard in the county of New York, in the state of New York. In the event Togetherhood is required to seek injunctive and/or other equitable relief to enforce the terms of this Agreement, Together School may do so in New York County Supreme Court, particularly with respect to the health and safety provision of this Agreement and any related policy of Togetherhood.