Best Delegate LLC Terms and Conditions
*Please see the Terms and Conditions for the type of program you are looking at signing up for and note that the Terms and Conditions are different for Virtual Programs and In Person Programs.
Best Delegate LLC Terms and Conditions for Virtual Programs
Last Modified: December 28, 2022
Your purchase and use of education programs (“Program” or "Programs") offered by Best Delegate LLC (“Best Delegate,” “Company,” "Service Provider," “we,” “us” or “our”), are subject to these terms and conditions (the “Agreement”), and you irrevocably agree to comply with this Agreement, as updated from time to time in our sole discretion.
We provide access to Instructors (“Instructors”), who, upon full compliance with these terms and condition, and payment of appropriate fees, will provide teaching services to you (collectively the, “Services”). For these purposes, “you” and “your” include you, all persons using or accessing the Services.
We engage in due diligence to ensure Instructor’s compliance with applicable law, qualification to act as Instructors and lack of criminal history. In the course of such diligence, we may rely on information provided by third party services. We do not control, are not responsible for, and assume no liability for any inaccuracies or misrepresentations in the information provided by such third party services. Nor do we endorse any such services.
GENERAL TERMS AND USAGE RESTRICTIONS
Included in the purchase price for the Services are digital versions of books and other materials (“Digital Materials”). Further, the purchase price of the Services may include access to, but is not limited to, lectures, recordings, visual and audio aids, content, copyrights, trademark rights and other intellectual property rights (collectively “Content”). Your access to and use of Digital Materials and Content is subject to these terms and conditions.
To the extent you need to download software or documentation to access services or materials in connection with your Program, Best Delegate grants you a limited, non-exclusive, non-assignable, non-transferable right and license solely for use with the purchased Services, and only for your personal, non-commercial use. All Content and Digital Materials that you will receive or to which you will have access to in relation to your Program are the exclusive property of Best Delegate. You agree not to disclose, reproduce, sell or distribute to any third party any information, written or spoken, including course materials, obtained from Best Delegate in connection with the Program.
Student may be requested to provide, and does provide, comments, feedback, plans, ideas, notions, techniques, know-how, reports, suggestions, data or other information, in any form, and Student’s name, image, voice, characterization, signature now used or hereafter to be used, photograph, video and audio representation, depiction, likeness, and elements or attributes of Recipient’s persona, identity or personality, and all common law and statutory rights in the foregoing (collectively, the “Feedback”).
Customer gives Service Provider permission to use photos, audio, and video footage of the student both during the program and thereafter for any lawful purpose, including educational and promotional purposes. Customer hereby assigns all intellectual property rights in the Feedback, including that from the Student, to Service Provider. To the extent Feedback or any other information provided by Customer, including on behalf of Student, to Service Provider is not assignable under applicable law, Customer, individually and on behalf of Student, hereby grants Service Provider a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license, with the right to sublicense, authorize the granting of sublicenses and use, reproduce, distribute, create derivative works of, publicly perform and publicly display the Feedback or any other information provided by Student to Service Provider in any medium or format, whether now known or later developed, throughout the world, to exploit and exercise any and all rights to the Feedback, and hereby waives any rights of enforcement against any rights which cannot be assigned, including, without limitation any so-called artist’s rights or moral rights.
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product and other materials that are delivered to Customer or Student under this Agreement or prepared by or on behalf of the Service Provider in the course of performing the Services (collectively, the "Deliverables") shall be owned by Service Provider.
All Programs are delivered via online platforms (collectively, the "Platforms"). You agree to reads the Terms and Conditions and Privacy Policies of these Platforms. You agree to comply with the Terms and Conditions of these Platforms.
If you are under the age of consent in your jurisdiction, or otherwise under the age of 18, we may provide access to your account to your legal guardians or otherwise authorized adults.
You are solely responsible for all service, telephony, internet, data and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access to Instructors. We make no representation on uptime or quality of connection with Instructors.
PAYMENTS, CANCELLATION, AND REFUND POLICY
In consideration of the provision of the Services by the Service Provider and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Order Confirmation. Upon enrollment in the Services, Customer shall pay all amounts in full to Service Provider.
Following enrollment in a Program, Customer may elect to cancel their enrollment in that Program up until 30 days prior to the date of the Program ("Refund Date"). Customer may send an e-mail to email@example.com to notify Service Provider of cancellation. At the Service Provider's sole discretion, Service Provider shall offer a refund to Customer, or offer to transfer Customer's enrollment to another Program.
After the Refund Date for a Program has passed, all fees paid by Customer will be considered full, final, and non-refundable. At the Service Provider's sole discretion, Service Provider shall offer store credit to Customer, subject to terms and conditions to set by Service Provider, or offer to transfer Customer's enrollment to another Program.
DIGITAL MILLENNIUM COPYRIGHT ACT
Best Delegate is an online “service provider” as that term is defined in 17 U.S.C. § 512(k) of the Digital Millennium Copyright Act of 1998 (the “DMCA”). For these purposes, you agree that we offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received; or provide online services or network access, or the operator of facilities therefore.
NOTICE OF ALLEGED INFRINGEMENT
We designated an agent to receive notice of any claimed copyright infringement. The designated agent (“Agent”) for this purpose is as follows:Gora LLC
9 W. Broad St., Suite 550
Stamford, CT 06902
If you own a copyright to any content contained within any content uploaded to our websites, you may submit a notification to Best Delegate pursuant to the DMCA by providing our Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Best Delegate to locate the material;
- Information reasonably sufficient to permit Best Delegate to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
You acknowledge that if you fail to comply with all of the requirements, your notice may not be sufficient to provide us with actual knowledge of circumstances from which infringing activity may be apparent.
If you believe that the material or content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notification to the Agent that includes the following:
- Your signature, either physically or electronically;
- Your identification of any removed items or materials or presently inaccessible and the last known location where the material was available before being disabled;
- A legally admissible statement, provided under the penalty of perjury, that in good-faith, you reasonably believe that content or material was made inaccessible by accident or mistake; and
- Your contact information, including your name, address, email address, telephone number, and your written consent to the jurisdiction of the federal court located in the State of New York and a statement acknowledging your acceptance of service of process from the party alleging the infringement.
If a counter-notification is received by the Agent, we may send a copy of the counter-notification to the original complaining party informing that person that it may replace the removed content or material, or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the provider of the content or material, the removed content or material may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notification, at our sole discretion.
ACCEPTABLE USER ACTIVITY ON THE WEBSITE
To the maximum extent permitted by applicable law, you acknowledge and agree that all right, title, and interest in any content or information you submit, irrespective of the manner of such submission, to Best Delegate (collectively, “User Submissions”) will be and remain the exclusive property of Best Delegate at no additional fee, charge, cost, or expense to us. Best Delegate hereby retains the unrestricted right to use and to grant third parties the right to use the User Submissions in any manner and for any purpose in its sole discretion.
In the event that you provide any User Submissions, you make the following additional representations and warranties to Best Delegate: (1) you either own all information contained in the User Submission transmitted to the Website or you possess all approvals licenses and permissions necessary to do so; (3) the User Submission does not infringe or misappropriate any intellectual property or other rights of any third parties, and such User Submission does not contain another’s personally identifiable information without their consent or approval; (4) Best Delegate, by using your User Submissions, will not be damaged in any way or harm other third parties; and (5) all information transmitted in the User Submissions are complete, true and accurate.
You are solely liable for any User Submissions you transmit to Best Delegate or post on the Website. In no event shall Best Delegate be responsible in any manner or capacity from any User Submissions. Additionally, you agree that Best Delegate accepts no liability whatsoever from declining, denying or not accepting any of your User Submissions or from removing, deleting, altering or modifying any User Submissions for any reason at any time. Please note that other users of this Website may be able to access and use your User Submissions in accordance with the terms and conditions of this Agreement.
USER SUBMISSIONS AND ANY UNDERLYING CONTENT TO THE USER SUBMISSIONS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BEST DELEGATE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER SUBMISSIONS OR ITS ACCURACY, COMPLETENESS OR RELIABILITY. Best Delegate is under no duty or obligation to check the Website for any offensive or controversial User Submissions. If Best Delegate chooses to monitor the Website, in its sole discretion, Best Delegate is still not responsible for any User Submissions, and shall remain under no duty or obligation to alter or delete any User Submissions.
This Website is not a data storage, archive, warehouse service or mechanism to store and/or maintain any User Submissions. Best Delegate is not liable to you or any third parties for any damage, loss or destruction of any User Submissions.
You hereby represent and warrant to Best Delegate that: (a) you (i) are over the age of eighteen (18) or (ii) received the appropriate legal parental or guardian approval or consent to be bound by the terms and conditions of this Agreement; (b) The information you provide to Best Delegate or the Website is truthful, accurate and complete in all material respects; (c) if applicable, you agree that your registration details with Best Delegate will remain complete and accurate, including, without limitation, your legal name, email address and any other information Best Delegate may reasonably require or need; (d) your performance of your applicable obligations under this Agreement will not be considered a violation of any other obligation you are bound by or required to comply with; (e) you will immediately inform Best Delegate if you know or have reason to know that the confidentiality of your registration detail have been compromised; (f) you will not use the Website to conduct business intelligence activities; and (g) if you act on behalf of anyone other than yourself, you ensure that you have all rights, approvals and/or permissions necessary to do so in connection with any activity with this Website.
RELEASE / INDEMNIFICATION
You hereby unconditionally agree to release Best Delegate, including its respective officers, directors, members, managers, employees and agents, from any and all liability in connection with or arising from your use of the Website, use of User Content provided by you or breach of any policies, procedures, terms, conditions and guidelines on the Website.
EXCLUSION OF WARRANTIES / DISCLAIMER
Best Delegate makes no representations or warranties with regard to the usability, effectiveness, operation or performance of its Website or any functionality associated with the Website. No guaranties are made by Best Delegate that the Website will operate as expected, foreseen or intended.
THE WEBSITE, INCLUDING ANY ASSOCIATED CONTENT AND MATERIALS THEREWITH, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND ITS RELATED CONTENT AND MATERIALS ARE AT YOUR SOLE RISK AND EXPENSE AT ALL TIMES.
BEST DELEGATE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE WEBSITE INCLUDING ANY ASSOCIATED CONTENT AND MATERIALS THEREWITH, OR THAT THE QUALITY OF THE FOREGOING WILL MEET YOUR EXPECTATIONS. BEST DELEGATE EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SUITABILITY, AND ANY OTHER WARRANTY THAT THE WEBSITE, INCLUDING ANY ASSOCIATED CONTENT AND MATERIALS THEREWITH, WILL BE PROVIDED OR MAINTAINED IN ANY MANNER TO BE WITHOUT ANY ERRORS OR THAT SUCH ERRORS WILL BE REMEDIED BY BEST DELEGATE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL BEST DELEGATE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, DATA LOSS, DATA DESTRUCTION OR ANY OTHER PECUNIARY LOSS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF BEST DELEGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN CERTAIN SITUATIONS. THE CUMULATIVE LIABILITY OF BEST DELEGATE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID TO BEST DELEGATE BY YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR EVENT GIVING RISE TO SUCH LIABILITY.
This Agreement may not be assigned by you to any other party without Best Delegate’s prior written consent, but is nevertheless binding on your assignees, heirs and personal representatives.
GOVERNING LAW AND OTHER MISCELLANEOUS TERMS
This Agreement, including all exhibits, schedules, attachments and appendices attached to this Agreement is governed by, and is to be construed in accordance with, the laws of the State of Delaware, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware.
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND WHATSOEVER AGAINST THE OTHER PARTY IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING ALL EXHIBITS, SCHEDULES, ATTACHMENTS AND APPENDICES ATTACHED TO THIS AGREEMENT, AND ALL CONTEMPLATED TRANSACTIONS, INCLUDING CONTRACT, EQUITY, TORT, FRAUD AND STATUTORY CLAIMS, IN ANY FORUM OTHER THAN THE FEDERAL OR STATE COURTS IN THE STATE IN WHICH SERVICE PROVIDER MAINTAINS ITS PRINCIPAL PLACE OF BUSINESS, AND ANY APPELLATE COURT FROM ANY THEREOF. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND AGREES TO BRING ANY SUCH ACTION, LITIGATION OR PROCEEDING ONLY IN SUCH COURTS. EACH PARTY AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION OR PROCEEDING IS CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.
If any action at law or in equity is necessary to enforce the terms of this Agreement, Best Delegate will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.
If the performance of any part of this Agreement by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to our Websites, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website. If any provision of this Agreement is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.
The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.
Best Delegate makes no representation that our Websites or any other materials or information on or in connection with the Website are appropriate to or available in locations outside of the United States. You may not use our Websites or export contents in violation of United States export laws, regulations or restrictions. If you access our Websites from outside of the United States, you are responsible for compliance with all applicable laws.
Best Delegate LLC Terms and Conditions for In Person Programs
Last Modified: December 28, 2022
1. Applicability. These terms and conditions for services are the terms that govern the provision of services by Best Delegate, LLC (“Best Delegate,” “Company,” "Service Provider," “we,” “us” or “our") to you and your student ("Customer,” “you,” “your”). Customer and Service Provider may hereinafter be referred to individually as a “Party” or collectively as the “Parties”.
2. Services. Service Provider shall provide the services to Customer as described in the Order Confirmation (the "Services") in accordance with these Terms.
3. Customer's Representations. Customer hereby represents, covenants and warrants that: (a) Customer is the lawful guardian of the student (the “Student”) whose name appears on the application for the Model United Nations Institute (“MUNI”) by Service Provider; (b) Customer provides consent for Student to participate in all MUNI activities, including various transportation and lodging; and (c) Customer shall respond promptly to any Service Provider request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for Student to participate in MUNI.
4. Customer's Responsibilities. Customer understands that Student's attendance at MUNI is the Customer’s responsibility and that no refunds or credits will be issued if Student does not attend MUNI for any reason and does not communicate with the Company beforehand, or if Student leaves early for any reason except a COVID-19 case or outbreak, in which instances the pre-agreed refund policy would apply. Service Provider reserves the right to dismiss, expel or remove any student from MUNI for any or no reason. Customer acknowledges full and complete responsibility to arrange transportation to and from the location of MUNI at Customer’s sole expense. Without limiting the foregoing, Service Provider may, but need not, furnish Customer with 24 hours' notice of any dismissal, expulsion or removal of Student. Customer acknowledges full and complete responsibility to furnish Service Provider with current contact information and medical information, including known or suspected allergies, medical conditions and medications. Any prescription medications in Student’s possession while at MUNI must be in an original unexpired prescription container identifying the Student’s name. Service Provider shall not have any responsibility to administer or supervise administration of any prescription or medical care to Student, and such responsibility belongs to the Student to self-administer any prescription. Prior to Student’s participating in MUNI, Customer must furnish Service Provider with an executed medical release authorizing Service Provider to seek medical care and treatment for Student. At the day’s conclusion of MUNI, Service Provider will not release any Student to any individual other than the lawful guardian of Student, unless and until Customer provides Service Provider with at least twenty-four hours’ written notice identifying such individual and such individual furnishes a valid, unexpired government issued photo identification card. Students over the age of 14 will be able to self-checkout with written authorization from parents.
5. Fees and Expenses; Payment Terms; Refunds. In consideration of the provision of the Services by the Service Provider and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Order Confirmation. Upon enrollment in the Services, Customer shall pay all amounts in full to Service Provider, or sign up for Service Provider’s automatic payment plan (the “APP”). To enroll in the APP, Customers must email firstname.lastname@example.org for instructions before registering. Customers who elect to enroll in APP must submit 50% of the payment upon enrollment, which shall be credited against the aggregate fees for the Services. The Customer hereby authorizes the Service Provider to automatically charge or invoice the Customer the remaining balance 45 days before the start of each program. All enrollments after 45 days before the start of each program will not be eligible for the APP. The foregoing automatic payment provisions apply only to Customers enrolled in the automatic payment plan and do not apply to Customers electing to pay in full upon enrollment. In the event payments are not received by Service Provider within such time period, Service Provider may deny Students access to MUNI. You may request a refund due to cancellation up to thirty (30) calendar days before the start of your program. A cancellation notice must be submitted via email to email@example.com with the subject line, "Summer Camp Cancellation". All refunds are subject to a 50% cancellation fee. Within thirty (30) calendar days of the start of your program, payments made are non-refundable. Refunds will be issued in the same manner that payment was made.
6. Likeness. During MUNI, Student may be requested to provide, and does provide, comments, feedback, plans, ideas, notions, techniques, know-how, reports, suggestions, data or other information, in any form, and Student’s name, image, voice, characterization, signature now used or hereafter to be used, photograph, video and audio representation, depiction, likeness, and elements or attributes of Recipient’s persona, identity or personality, and all common law and statutory rights in the foregoing (collectively, the “Feedback”). Customer gives Service Provider permission to use photos, audio, and video footage of the student and parents who attend the program or fill out feedback both during the program and thereafter for any lawful purpose, including educational and promotional purposes. Customer hereby assigns all intellectual property rights in the Feedback, including that from the Student, to Service Provider. To the extent Feedback or any other information provided by Customer, including on behalf of Student, to Service Provider is not assignable under applicable law, Customer, individually and on behalf of Student, hereby grants Service Provider a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license, with the right to sublicense, authorize the granting of sublicenses and use, reproduce, distribute, create derivative works of, publicly perform and publicly display the Feedback or any other information provided by Student or Parent to Service Provider in any medium or format, whether now known or later developed, throughout the world, to exploit and exercise any and all rights to the Feedback, and hereby waives any rights of enforcement against any rights which cannot be assigned, including, without limitation any so-called artist’s rights or moral rights.
7. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product and other materials that are delivered to Customer or Student under this Agreement or prepared by or on behalf of the Service Provider in the course of performing the Services (collectively, the "Deliverables") shall be owned by Service Provider. Service Provider hereby grants Customer a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicenseable, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Deliverables and the Services.
8. Disclaimer of Warranties. ENROLLING AND PARTICIPATING IN THE SERVICES IS AT YOUR OWN RISK. WE DO NOT GUARANTEE OPENINGS FOR THE SERVICE OR ANY QUALITY THEREOF. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT SERVICES OR ANY MATERIAL PROVIDED IN CONNECTION WITH SERVICES WILL: A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, B) BE UNINTERRUPTED, TIMELY, SECURE OR WITHOUT ERRORS, OR C) GENERATE ANY PARTICULAR RESULT OR PURPOSE.
9. Limitation of Liability. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SERVICE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 9 SHALL APPLY DEATH OR BODILY INJURY RESULTING FROM SERVICE PROVIDER'S NEGLIGENT ACTS OR OMISSIONS.
10. Indemnification. Customer shall indemnify, defend, and hold harmless Service Provider, and its parent companies, affiliates and subsidiaries, and each of their officers, directors, managers, members, employees, contractors, customers, agents, successors and assigns from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including reasonable attorneys’ fees and costs), arising from Customer’s breach of this agreement, negligence, willful or intentional misconduct, or any personal injury, death or illness, including out of or from any Force Majeure Event, whether or not such injury, death or illness occurs before, during or after participating in any Services or while on any premises Services are offered. If and to the extent the scope of the foregoing defense and indemnity obligations shall be limited by applicable law, such obligations shall be deemed to be limited only to the extent required by applicable law and, notwithstanding whether or not such laws apply with respect to Service Provider defense and indemnity obligations described in this Section, Service Provider defense and indemnity obligations shall be likewise limited.
11. Special Accommodations. Customer shall notify Service Provider of any special accommodations required for Student to attend the program. Customer shall notify Service Provider no less than three weeks prior to the Student’s first day of the program to arrange reasonable accommodations.
12. Force Majeure. No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay (except with respect to any payment obligation) is caused by or results from acts beyond the impacted party's (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (each a “Force Majeure Event”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, quarantines or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the reasonable control of the Impacted Party.
13. Health and Safety. Service Provider will meet or exceed all local, state and federal health and safety requirements. Current policies can be found here. Service Provider reserves the right to amend these practices at any time before or during a program and will notify Customer within 48 hours of any changes. If medication is needed, necessary medical forms must be filled out with medications in the original container with the prescription language written in English. Medication other than inhalers and diabetic testing kits will be given to Service Provider upon check in and dispensed by Service Providers. If medically required, Customer must bring two epinephrine auto-injectors (i.e, Epipen), one will be held by Service Provider, the other will be held by the student. If any type of syringe is needed, Customer is required to bring a Sharps biohazard disposal container. Upon program completion, Customer is responsible for retrieving all medications and supplied from Service Provider. Service Provider will not have medical professionals staffed at program. Program Supplier cannot administer over-the-counter medication without written permission from parent/legal guardian or their physician and will be dispensed as directed on the medication’s box/container or prescribing doctor’s note. Medication left at camp will be disposed of. Students must be “fully vaccinated” as per CDC guidelines on the start date of the program to attend. Additional health and safety forms must be completed and submitted prior to camp.
I UNDERSTAND THAT FOR MY STUDENT’S SAFETY, I MUST PROVIDE ACCURATE AND COMPLETE HEALTH INFORMATION. FAILURE TO PROVIDE REQUIRED INFORMATION CAN RESULT IN CANCELLATION OF MY STUDENT’S REGISTRATION WITHOUT A REFUND.
In order to enroll your child in the program, you must acknowledge and agree to these policies and requests by signing below stating that I have read and accept these terms and conditions.