Terms and Conditions
EACH BELOW-SIGNED PARENT (“PARENT”) JOINTLY AND SEVERALLY AGREES TO BE BOUND BY EACH AND ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS CONTRACT:
PARENT hereby registers PARENT’S child, (“STUDENT”) at the Religious School (“SCHOOL”) for the academic school year beginning in 2019 and ending in 2020. SCHOOL and PARENT are the “PARTIES” to this Agreement.
PAYMENT OF TUITION AND OTHER FEES
PARENT agrees to make all tuition payments required by the selected Payment Plan. PARENT further agrees that SCHOOL has the right to refuse services to STUDENT, including class attendance and/or grading examinations, at any time tuition and/or fees are in arrears. Should any of the payments not be made on or before the due date specified in the Payment Plan, SCHOOL may, at SCHOOL’S sole and absolute option, expel or suspend STUDENT. PARENT further acknowledges and agrees that, in addition to the tuition, there are other costs (such as field trips or special activities) which STUDENT may incur and for which PARENT will be responsible.
By signing this contract, PARENT acknowledges that he/she understands and agrees that the majority of SCHOOL’S expenses and obligations are incurred on an annual basis, that financial commitments for SCHOOL services are made based upon anticipated enrollment, and that the educational operating expenses of SCHOOL do not diminish with the departure of some students over the course of the school year. PARENT understands and agrees that, in the event SCHOOL suspends, expels or otherwise removes STUDENT for any reason, or if STUDENT withdraws voluntarily or involuntarily, PARENT remains obligated to pay the full amount of tuition and fees, SCHOOL will retain all tuition and fees paid by PARENT as liquidated damages and PARENT shall pay SCHOOL all tuition and fees owed to SCHOOL as set forth in this contract as liquidated damages.
The obligation to pay all tuition and other amounts in full is a joint and several obligation of each PARENT who signs this contract. The obligation is unconditional and no portion of any such amounts designated in this contract will be refunded or waived because of STUDENT’S absences, suspension, withdrawal, removal, expulsion, or any other reason.
Notwithstanding the foregoing, if PARENT cancels STUDENT’S enrollment prior to May 1, 2019, SCHOOL will retain the non-refundable, non-transferable deposit, but PARENT will not be obligated to make any additional tuition payments, and any tuition payments made by PARENT thus far will be refunded. If PARENT cancels STUDENT’S enrollment on or after May 1, 2019, SCHOOL will retain the non-refundable, non- transferable deposit and any tuition payments made by PARENT, and PARENT will remain obligated to pay the balance of the tuition remaining, if any, as liquidated damages. PARENT agrees, therefore, that as of close of business on April 30, 2019, PARENT is not entitled to any refund and is obligated to pay SCHOOL for the full amount of tuition and fees.
SATISFACTORY COMPLETION OF CURRENT ACADEMIC PROGRAM
This offer of enrollment and enrollment contract can be rescinded by SCHOOL if it determines STUDENT did not successfully complete his or her current academic program at SCHOOL or the current school of attendance.
STUDENT AND PARENT CONDUCT
A positive and constructive relationship between SCHOOL and STUDENT, as well as between SCHOOL and the PARENT, is essential for the fulfillment of SCHOOL’S educational purpose. STUDENT and PARENT are therefore obligated to abide by the terms of the Student/Parent Handbook, as it may be revised from time to time. Failure to abide by the terms of the Student/Parent Handbook or any other rules or policies may result in the suspension or expulsion of STUDENT. PARENT acknowledges and agrees that PARENT has received a copy of the Student/Parent Handbook and is fully familiar with its contents. SCHOOL shall have the right to suspend, expel, or otherwise remove STUDENT for unsatisfactory achievement, conduct that violates SCHOOL’S philosophy, rules, regulations, policies and standards, as determined in the sole and absolute discretion of SCHOOL. SCHOOL also reserves the right to terminate STUDENT’S enrollment or to decline continued enrollment at any time for any reason if, in the SCHOOL’S sole and absolute judgment, PARENT or other individuals interacting with SCHOOL and/or SCHOOL community by virtue of their relationship with STUDENT, is uncooperative, unreasonable or unsupportive of SCHOOL, its administration, faculty, staff, philosophy, rules, regulations, policies, and standards, or make it difficult to have a positive or constructive relationship with PARENT.
NO GUARANTEE OF FUTURE ENROLLMENT
This Agreement is valid for only one academic year. PARENT understands that acceptance of enrollment for a future academic year is at the sole and absolute discretion of SCHOOL.
RULES AND REGULATIONS
PARENT agrees to accept and abide by all the rules, regulations, policies, procedures, and decisions of SCHOOL as they now exist or may, from time to time, be amended. PARENT acknowledges and agrees that PARENT may request a copy of the current rules, regulations, policies, procedures, and decisions and is responsible to become fully familiar with them.
PARENT authorizes the use of STUDENT'S photographs, likeness, recordings, and work in any and all publications or promotions, whatever the medium, without compensation. PARENT and STUDENT also authorize the inclusion of their names, email addresses, telephone numbers, and home addresses in SCHOOL directories.
DISMISSAL, WITHDRAWAL OR EXPULSION OF A STUDENT
PARENT understands and agrees that if, after assessment and evaluation, it is determined, in the sole and absolute discretion of the administration of SCHOOL, that the emotional, behavioral and/or educational needs of any STUDENT cannot be met by SCHOOL, SCHOOL has the unilateral right to require that any such STUDENT be withdrawn from SCHOOL. PARENT understands and agrees that SCHOOL also reserves the right, in its sole and absolute discretion: (a) to dismiss or expel STUDENT as a result of any acts of willful or disruptive behavior by STUDENT or STUDENT’S parents, or (b) to remove STUDENT if, after assessment and evaluation, it is determined that STUDENT’S or PARENT’S behavior is unacceptable or that the program is otherwise inappropriate for STUDENT. The dismissal, expulsion or removal of STUDENT for any of the foregoing reasons shall not excuse the undersigned PARENT from the obligations herein including any payment obligations. No refund of tuition will be made if SCHOOL dismisses, expels, or removes STUDENT from SCHOOL.
CONSENT TO PARTICIPATE IN SCHOOL ACTIVITIES AND WAIVER OF LIABILITY
PARENT hereby gives full consent and permission for STUDENT to participate in all recreational, athletic and extracurricular activities offered by SCHOOL to its students. PARENT agrees and gives permission for STUDENT to attend and participate in all aspects of SCHOOL’S educational program and any and all SCHOOL activities including, but not limited to, sports and school-sponsored field trips away from SCHOOL’S premises. PARENT acknowledges and understands the risks of accident, serious injury, and even death from participation in all SCHOOL classes, programs, activities and events, including sports and trips away from SCHOOL premises. With full understanding of such risks, PARENT, on behalf of himself/herself and STUDENT, absolves and releases SCHOOL, its employees, directors, trustees, agents, representatives, and assigns from liability for any injury to STUDENT while attending SCHOOL and participating in SCHOOL classes, programs, activities and events, including sports and any SCHOOL-sponsored trips away from SCHOOL premises, from any cause including ordinary negligence.
To the fullest extent provided by law, PARENT further agrees to indemnify and hold harmless SCHOOL, its employees, directors, trustees, agents, representatives, and assigns from claims, expenses, and costs for medical care and services that STUDENT receives resulting from any injury or illness suffered while participating in any aspect of SCHOOL’S educational program or attending or participating in any and all SCHOOL activities including, but not limited to, sports and SCHOOL-sponsored trips away from SCHOOL’S premises.
PARENT agrees that enrollment will be final only after PARENT has furnished SCHOOL with a signed current Authorization and Release for STUDENT and with completed medical and emergency forms which will be provided to PARENT prior to the start of the school year. The fact that any such form has not been completed or returned shall not relieve PARENT of any obligation to make tuition payments as provided herein. PARENT understands and agrees that, in accordance with the law and as a condition of STUDENT being permitted to attend classes, PARENT must submit any legally required immunization documentation before the first day of the 2019-2020 school year. If PARENT does not submit any legally required documentation before the first day of the school year, STUDENT shall not be allowed to attend SCHOOL. It is SCHOOL’S Immunization Policy that, as a condition of STUDENT being permitted to attend classes, STUDENT must maintain age-appropriate vaccinations as recommended by the California Department of Public Health (CDPH), the American Academy of Pediatrics (AAP), the Center for Disease Control (CDC) and otherwise in accordance with applicable state and federal laws.
HOLD HARMLESS/INDEMNIFICATION FROM THIRD-PARTY CLAIMS
PARENT indemnifies and holds harmless SCHOOL for all claims against SCHOOL asserted by other individuals, entities, or third parties, as a result of STUDENT’S or PARENT’S conduct related to or arising out of STUDENT’S participation in any SCHOOL classes, programs, activities and events, including sports and trips away from SCHOOL premises, including but not limited to any claims related to injury, accident, illness, or death, or any loss or damage to personal property.
MEDICAL CARE AND SERVICE
In case of illness or injury to STUDENT, PARENT hereby gives permission for STUDENT to be given emergency care as administered, authorized or directed by any adult person acting on behalf of SCHOOL. Such care may include x-ray examination, anesthetic, medical, dental or surgical diagnosis, treatment or hospital care that is deemed advisable by, and is to be rendered under the general or special supervision of any California licensed physician, surgeon or dentist, whether such diagnosis or treatment is rendered at the office of said medical professional or at a hospital. It is understood that this authorization is given in advance of any specific diagnosis, treatment, or hospital care being required, but is given to provide specific consent to any and all such diagnosis, treatment or hospital care which the aforementioned medical professional, in the exercise of his/her best judgment, may deem advisable. PARENT further agrees to pay the cost of all such medical or dental services. It is understood that if time and circumstances reasonably permit, SCHOOL personnel will try, but not be required, to communicate with PARENT prior to such diagnosis, treatment or hospital care.
Although SCHOOL expects to operate its facilities during the term of this contract, PARENT understands that events beyond SCHOOL’S control may necessitate a cessation of all or part of its operations and result in an extension or contraction of the school year. In the event SCHOOL’S operations are disrupted for any reason, SCHOOL shall be entitled, in its sole discretion, to suspend its duties, obligations, and performance under this contract immediately and without notice. SCHOOL also may relocate and/or reschedule its operations, including extending the school year. The closure, relocation and/or rescheduling of SCHOOL’S operations, including extending the school year, for any reason does not relieve PARENT of financial obligations to SCHOOL or entitle PARENT to a refund.
SCHOOL’S duties shall be immediately suspended without notice during all periods that it 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 SCHOOL’S control. If such an event occurs, SCHOOL’S duties and obligations will be suspended until such time as it, in its sole discretion, may safely reopen. SCHOOL has no obligation to make up any missed classes, and PARENT is not relieved of PARENT’S financial obligations to SCHOOL or entitled to any refund.
PARENT acknowledges that SCHOOL has implemented a Transportation Demand Management Program and agrees to abide by the requirements of the Program. PARENT acknowledges that SCHOOL has a parking program to discourage parking spillover onto nearby residential streets and agrees to abide by the requirements of that Program, including the requirement to drop off and pick up children on-site only.
RIGHTS AND REMEDIES
PARENT understands that SCHOOL reserves all rights and remedies under the law regarding payments and amounts due under this contract, including the right of offset against the monies and amounts due to the undersigned parent/parents. SCHOOL’S right of offset includes all sums due on any prior or current contracts signed by any of the undersigned and supersedes the rescission and refund rights set forth herein.
ENTIRE AGREEMENT AND SEVERABILITY
This contract constitutes the entire agreement and understanding of the PARTIES. There are no oral understandings, terms, or conditions, and no PARTY has relied upon any representation, express or implied, not contained herein. All prior understandings, terms, or conditions, written, oral, express, or implied are superseded by this contract. This contract may only be modified by a written, signed amendment by the PARTIES to this contract. If any term or provision hereof is invalid for any reason whatsoever, that provision shall be severed and shall not affect the validity of the remainder of this contract.
a. Applicable Law: This agreement to arbitrate disputes (“arbitration agreement”) shall be governed by federal law pursuant to the Federal Arbitration Act (“FAA”).
b. Binding Arbitration: To the extent permitted by law, any legal and actionable controversy or claim arising under or relating to this Agreement or its breach, including any dispute relating to STUDENT’S enrollment or participation at SCHOOL, STUDENT’S departure from SCHOOL, STUDENT’S educational experience at SCHOOL (including but not limited to academic matters, extracurricular activities and community service) and any disciplinary actions against STUDENT or PARENT, and including without limitation the determination of the scope and applicability of this arbitration agreement, shall be settled solely by final and binding arbitration pursuant to the FAA before a single neutral arbitrator, according to the Optional Expedited Arbitration Rules of JAMS. The Rules may be viewed at: http://www.jamsadr.com/rules-comprehensive-arbitration/. The PARTIES hereby knowingly and intentionally waive any right they may otherwise have to trial by jury or court of such claims or disputes. The PARTIES agree that this waiver of any right they may otherwise have to trial by jury or court of such claims or disputes, applies to and waives any right to participate as a representative or member of any class of claimants. The arbitrator shall determine all challenges to the legality or enforceability of this agreement to arbitrate. Any arbitration shall take place in Los Angeles County, California. The initiation, existence, and outcome of any arbitration, including without limitation any material filed with the arbitrator, the contents of all depositions or testimony, all documents produced during the course of the arbitration, any written decision, and any remedy imposed or damages awarded by the arbitrator, shall remain confidential. This provision applies during the term of this Agreement and survives after the termination of this Agreement.
While the PARTIES initially shall each pay one-half of the arbitrator’s fees and expenses, the arbitrator shall award the prevailing party payment of their side’s arbitrator’s fees and expenses. The arbitrator also shall award attorneys’ fees and expenses to the prevailing party.
If any aspect of this arbitration agreement is found by an arbitrator or a court to be incomplete or unlawful, that determination will not render any other portion of the arbitration agreement invalid or unenforceable, and the balance of the arbitration agreement shall remain in full force and effect. In addition, the PARTIES authorize the arbitrator or court to add to or revise (“blue pencil”) the language of this arbitration agreement in order to make the provision complete and lawful, so as to effectuate to the maximum extent possible the PARTIES’ mutual intent to have all disputes subject to this provision be resolved solely by final and binding arbitration.