The Terms and Conditions described herein constitute a legal agreement (“Agreement”) between you (the “Parent”, “Guardian”, “you” or “your” which includes the singular or plural, as applicable) and American Learning Systems, Inc., a Florida corporation, d/b/a American Heritage School or American Learning Systems, Inc., a Florida corporation, d/b/a American Heritage Summer Day Camps and Summer Education (In-Person or Online) (the “School”, “Camp”, “we”, “us”, or “our”). For purposes of any release language in these Terms and Conditions, the “School”, “Camp”, “we”, “us”, or “our” also include American Learning Systems of Boca Delray, Inc., d/b/a American Heritage School of Boca Delray, Inc., C&L Bus Co., Inc., and each of their employees, directors, trustees, agents, insurers, and volunteers and their successors and assigns (collectively, the “Released Parties”). Parent is enrolling the above-named child (“student” or “camper” as applicable) in the School or Camp 2024 summer program (including, without limitation, tutoring services) selected below. All persons signing this Agreement are jointly and severally liable for the tuition and fees set forth herein. Parent’s signature on this Agreement evidence Parent’s understanding and agreement to the terms of this
Agreement as follows:
Parent wants to ensure that student/camper be furnished with health care services as soon as reasonably possible after the need arises when at School/Camp and when participating in School/Camp-related activities on or off campus (such as field trips and/or athletics). If Parent’s student/camper is injured at School/Camp, a School/Camp-related activity or trip, or otherwise has an urgent need for health care and a licensed health care practitioner requires parental consent when Parent cannot immediately be reached, Parent hereby authorizes, appoints, consents to, and empowers the School/Camp to act as parent and furnish such consent on Parent’s behalf.
Parent hereby further consents to all School/Camp personnel (including, without limitation, athletic personnel, athletic trainers, administrators, teachers, directors, counselors, nurses and other clinic personnel, and bus drivers), volunteers, and chaperones to render aid, supply health care services, call 911, and respond in any emergency as needed for student/camper. Parent’s consent extends to, without limitation, the administration of allergy medications, Epi-Pens, over-the-counter medications, etc. according to the student/camper’s prescription or instructions from a licensed practitioner, provision of first aid or minor medical care, use of AED and CPR, and health screenings. Parent also consents to the School/Camp’s academic advisors, college counselors, or counselor to meet with student/camper for appropriate purposes.
You understand and acknowledge that the School/Camp may unilaterally dismiss or suspend student/camper or deny student/camper’s participation in any activity, should it determine that the conduct or behavior of the student/camper, parent/guardian, or other family member is deemed unsatisfactory and/or not in the best interest of School/ Camp. NO REFUND will be issued in the event of such dismissal.
The School/Camp continually strives to update the accuracy of all written materials, including, but not limited to, promotional information, website, brochures, and advertising related to the Summer Program. In an effort to do so, however, information included in the materials may change as programs grow and as staff increases. Prior to relying on any written materials in making your decision to enroll your child in a Summer Program, please verify the accuracy of information with the School/Camp.
You agree that any action, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement shall be submitted to mediation in Broward County, Florida prior to any litigation between the parties, with the costs of mediation to be split equally between the parties. Any request for mediation shall be made in writing. If the request for mediation is not responded to within thirty (30) days or if the parties are unable to resolve their dispute in mediation, the parties may proceed to litigation, as stated herein.
Governing Law/Waiver of Jury Trial. This Contract shall be governed under the laws of the State of Florida. In any action, claim, or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Contract, the parties hereto consent to personal jurisdiction in Florida and agree that venue shall lie exclusively in Broward County, Florida. I/We (acting on my/our behalf and on behalf of and in the best interests of my/our child(ren)) and the School agrees to waive their rights and I/we agree to waive my/our child(ren)’s rights to a trial by jury over any dispute arising out of or related to any aspect of my/our or my/our child(ren)’s relationship with the School or participation in any of its programs, including but not limited to claims relating to the terms and provisions of this Contract; child(ren)’s enrollment in the School; child(ren)’s attendance, participation in activities, discipline or any actions by the School, its representatives, or other parties (including other students or parents); and the relationship created by this Contract or the termination of the relationship (whether such claim arises under agreement, statute, regulation, local law, or common law).
The School/Camp’s duties and obligations shall be suspended immediately without notice during all periods that the School and/or Camp ceases operations because of force majeure events including, but not limited to, any fire, act of God, hurricane, tornado, flood, extreme inclement weather, explosion war, governmental action, act of terrorism, risk of infectious disease, epidemic, pandemic, shortage or disruption of necessary utilities (water, electricity, etc.), or any other event beyond the School’s or Camp’s control. If such an event occurs, the School/Camp’s duties and obligations will be postponed until such time as the School/Camp, in its sole discretion, may safely resume operations. Parent understands that Parent’s financial obligations under this Agreement remain in full force and effect. In the event that the School/Camp cannot resume operations due to an event under this clause, the School/Camp is under no obligation to refund any portion of the tuition paid.
No action or failure to act by the School, Camp, or any agent, employee, independent contractor or other contractor of School and/or Camp shall constitute a waiver of any right or duty afforded the School and/or Camp under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach thereunder, except as specifically may be agreed to in writing.
If any term or provision hereof, or the application thereof to any person or circumstance, shall be invalid or unenforceable to any extent, the remainder of this Agreement or the application thereof to persons or circumstances other than those against whom or which such term or provision is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permissible by law.
The School/Camp reserves the right to require additional documentation outside of this platform to complete the registration. As to the School/Camp, the only persons authorized to modify these Terms and Conditions are the President, Vice President or the Chief Financial Officer of the School/Camp. This Agreement supersedes any prior oral or written agreements on the same or similar matters. Any current or prior understanding, statement, representation, promise, or agreement, oral or written, including without limitation, renderings or representations contained in brochures, advertisements, or promotional materials, and oral statements of School and/or Camp employees or representatives not specifically expressed and included in this Agreement are void and shall not be binding upon or enforceable against either party. This is a fully integrated agreement. You acknowledge that you have not relied upon such statements, promises, or representations, if any, and waive any rights or claims arising from such statements, promises or representations.
You hereby consent and hold the School/Camp harmless for the release of student's/camper’s records and information upon your request to an educational institution or as required by a governmental agency. You also release and hold the School/Camp harmless from any liability stemming from such use, disclosure or release of student’s/camper’s records or information.
You agree to clearly notify the School/Camp in writing if there is anyone who is NOT allowed to pick up your student(s)/camper(s) pursuant to a court order.
Both parents/guardians must sign this Agreement, unless the School/Camp, in its discretion, permits enrollment with one parent/guardian signature. If only one parent/guardian signs this Agreement, such parent/guardian must have the authority to enter into this Agreement on behalf of the student/camper and the consent of all other parents/guardians to do so. The submission of the Agreement with the signature of a single parent/guardian constitutes the representation of the signing parent/guardian that he/she has the necessary authority and consent to sign on behalf of the other parents/guardians. A parent/guardian who signs on behalf of other parents/guardians confirms he/she has authority and consent. Signing without authority and consent constitutes fraud.