WAIVERS, TERMS and CONDITIONS
The parent(s) or legal guardian(s) (collectively “Parent”) must read and agree to these Waivers, Terms and Conditions (collectively “Terms”). Any use of “you” or “your” refers to the Parent or Student, or as applicable, the Parent. In consideration of the services of The Learning Castle, Inc. (“Schools”) in allowing the minor child (“Student”) to participate, the Parent acknowledges and agrees to these Terms as follows:
Photo Release
I authorize the Schools to use photographs of the Student in the context of daily school life for any legal use, including but not limited to: publicity, copyright purposes, illustration, advertising, social media and web content.
You may decline this photo release by NOT checking the Photo Release checkbox on the registration form.
Trip Release
I authorize the Schools to take the Student to other areas of the Schools’ campus, including but not limited to: the tennis courts, the gymnasium, and the lower fields.
Tuition Agreement
Your payment in full must be submitted with your application. To avoid cancellation charges, you must notify the Schools at least twenty-one (21) days prior to your child’s registered start date. Failure to do so will result in a forfeiture of 100% of the total paid tuition for that session. This Tuition Agreement is a contract between you and The Learning Castle, Inc. If The Learning Castle, Inc. is required to retain a lawyer to enforce or interpret terms of the Tuition Agreement, it shall be entitled to actual attorney’s fees and court costs.
Early Withdrawal
As stated in the Tuition Agreement, failure to notify the school in writing at least twenty-one (21) days prior to your child’s registered start date will result in the forfeiture of 100% of the total paid tuition.
Force Majeure
The School's duties hereunder shall be immediately suspended without notice during all periods that the School is closed because of force majeure events including without limitation any fire, natural disaster such as earthquake or severe weather, war, government action, epidemic, pandemic, act of terrorism, or any other event beyond the School's control (the “Force Majeure”). If such an event occurs, the School's duties and obligations hereunder will be suspended until such time as the School, in its sole discretion, may safely reopen, or at the sole election of the School, other accommodations may be made for schooling, but not required. Under all events, Force Majeure does not relieve Parents from its financial obligation under the Tuition Agreement.
COVID-19
If a Student must isolate due to a laboratory-confirmed COVID-19 positive test result or quarantine due to being a close contact to a laboratory-confirmed COVID-19 positive test result, the Schools’ will provide a non-refundable, non-transferable tuition credit for up to the number of educational days missed not to exceed five (5) school days. Summer school credits expire at the conclusion of the subsequent year’s summer school.
This provision only applies to COVID-19 as defined above. Proof of a laboratory-confirmed COVID-19 test result must be provided to the Schools in order to receive a credit.
Tuition credits will not be awarded in the case of a Force Majeure event, such as but not limited to a class, campus or school closure due to COVID-19.
Rules and Regulations
The Student and Parent agree to abide by the Schools’ policies, rules and regulations, as may be adopted or amended from time to time, and as detailed in the Summer Policies. The Student may be suspended or dismissed from school at any time if, in the sole opinion of the School's administration, (1) the Student's conduct at school or at school-sponsored activities off-campus is inconsistent with School rules or otherwise unacceptable; (2) the Student and/or the Parent fail to abide by the School's mission, credo, policies, rules, and regulations or otherwise interfere with the School's accomplishment of its educational purpose; or (3) the Student and/or Parent has engaged in conduct that has caused the working relationship between the School and the Student/Parent to become damaged. We further agree that such action will not release Parent from the financial obligations of the Tuition Agreement. The acceptance of the Student for enrollment in this year’s summer session shall not obligate the School to accept the Student in any succeeding year.
Arbitration Agreement
Any dispute, controversy or claim (hereinafter referred to as “Claim”) by or between a Student and/or Parent, including their respective agents, employees, children or spouses (collectively referred to as “Student”), on the one hand; and The Learning Castle, Inc., d.b.a. The Learning Castle and La Cañada Preparatory, including its teachers, employees, partners, associates, affiliates, and agents (collectively referred to as “School”), on the other hand; shall be resolved by binding mediation, with either Judicial Arbitration Mediation Services (“JAMS”) of Los Angeles, California or Alternative Dispute Resolution (“ADR”) of Los Angeles, California.
All claims, disputes and issues will be resolved by binding mediation with either of JAMS or ADR, as determined by the first party to allege a dispute.
Claims arising from or related to the Student-Schools relationship, such as registration and enrollment of the Student in the Schools, tuition, unpaid fees and services, and disciplinary actions; to all Claims for personal or other injury; to all Claims based on any federal, state, or local law, statute, or regulation; as well as to the question of whether any certain Claim is arbitrable.
Either party may initiate binding mediation by serving a Demand for Mediation on the other party. Such demand shall include a statement of the Claim(s) asserted and the facts upon which each Claim is based, together with the proposed mediator, either of JAMS or ADR. If the parties are unable to resolve the dispute, either party may move forward with filing procedures of the named mediation service. At the conclusion of mediation, the mediator may award the prevailing party some or all of the arbitration costs and attorney’s fees.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY, INCLUDING WITHOUT LIMITATION, ANY RIGHT TO TRIAL BY JURY AS TO THE MAKING, EXISTENCE, VALIDITY, OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE.
Electronic Signature
I attest that I am: (1) one of the parents having legal custody of the Student, (2) the parent having sole legal custody of the Student, or (3) the legal guardian of the Student.
By checking the box labeled “Agree to Terms and Conditions” and by completing and submitting this online registration form, I understand that I am entering into and accepting this Waivers, Terms and Conditions as a legally binding agreement.