Terms & Conditions
1. AGREEMENT TO TERMS AND CONDITIONS.
This Agreement between Yoga-Tastic 4 Kids Inc. and Parent is for the provision of services, including, but not limited to Yoga-Tastic 4 Kids Inc. Before & After-School Program and other program-related services to Student (collectively the “Services”). By executing this Agreement the Parent agrees to have their Student attend the Services according to the terms and conditions of this Agreement.
This Agreement is for the term beginning on the date of this Agreement and terminates on June 30, 2021 (the “Term”).
3. INCLEMENT WEATHER CLOSURES AND HOLIDAYS.
The Services will be closed if the Student’s school is closed during inclement weather. The Services will NOT be available during the day when the school is closed. The Services are not provided on the following holidays: Family Day, Good Friday, Easter Monday, Victoria Day, Thanksgiving Monday, Christmas Break (December 18th, 2020 to January 4th, 2021), March Break.
4. STUDENT HEALTH AND SAFETY.
Should a Student become ill while attending the Services, Yoga-Tastic 4 Kids Inc. will notify the Parent immediately and ask that the Student be picked up. If the Parent cannot be reached within 20 minutes, the Emergency Contact will also be notified. The Student will be isolated until the Parent, Emergency Contact or Authorized Individual arrives to pick them up. Yoga-Tastic 4 Kids Inc. will also notify the Parent if the Student Exhibits any of the following:
- Vomiting or diarrhea
- Symptoms of a contagious infection such as, but limited to: chicken pox, strep throat, measles, pink eye, rotavirus, roseola, COVID-19, ect.
- Excessive coughing and/or running nose
Parent shall keep their Student at home if the Student is experiencing cold symptoms of any kind that are not alleviated by “over the counter” cold medications.
Students that test positive for COVID-19 are required to self-isolate for 14 days and will not be allowed to attend the Services. Admittance back to the program will require confirmation from a doctor or health agency that the student is symptom-free. Siblings of the Student that tests positive will also be unable to attend the Services during the self-isolation period.
5. EMERGENCY AUTHORIZATION AND CONSENT TO TREATMENT.
In the event of a medical emergency of any kind, it is Yoga-Tastic 4 Kids Inc. policy to notify the Parent when a Student is ill or needs medical attention. If Yoga-Tastic 4 Kids Inc. cannot contact a Parent and the need to get immediate medical assistance is required for the Student, as determined by Yoga-Tastic 4 Kids Inc. or medical professionals, Yoga-Tastic 4 Kids Inc. procedure is to transport the Student to the nearest emergency service and/or call 9-1-1. By executing this Agreement, you, as parent and/or guardian of the Student, provide Yoga-Tastic 4 Kids Inc. the authority to take such appropriate action on behalf of the Student as may be required. For further clarity, you, the Parent, understands, agrees, and accepts the consent to give medical care incorporated into this Section 5 of this Agreement.
Yoga-Tastic 4 Kids Inc. retains the right to exclude and/or refuse Services to Students who are experiencing or who have experienced head lice, vomiting, diarrhea, fever or cold symptoms within the 24 hours preceding arrival at the Yoga-Tastic 4 Kids Inc. premises. Yoga-Tastic 4 Kids Inc. may require, in their sole discretion, the Parent provide a clearance certificate or doctor’s note, with sufficient detail, indicating the Student is healthy
and/or symptom free.
By signing this Agreement, Parent represents and warrants that Student is physically fit, has sufficiently prepared, for participation in the Services, and has not been advised to not participate by a qualified medical professional. Parent certifies that there are no health-related reasons or problems which preclude Student’s participation in the Services. I acknowledge that the Services may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, of the Services. Parent hereby consents to the Student receiving medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
6. PRICE AND PAYMENT.
Yoga-Tastic 4 Kids Inc. will invoice the Parent for Services provided on the 1st day of each month of the term of this Agreement at a base rate of $________ per month (“Invoice”) regardless of time taken for, but not limited to, vacations and trips of any kind. Additional late pick-up fees, as described in Section 6.2 will be added to the invoice for the month in which they occurred. All invoices are to be paid within five (5) business days of receipt by the Parent
HST will be added to the invoice. The Parent shall pay every invoice on the terms set forth in this Agreement.
- 6.1. N.S.F. Cheques. Parent shall be responsible for a Forty-five Dollar ($45.00) charge as a result of any N.S.F. cheques. Yoga-Tastic 4 Kids Inc. reserves the right to request alternative payment methods if more than two
(2) N.S.F. cheques are received.
- 6.2. Late Pick-Up. Any time a Student is picked up from Yoga-Tastic 4 Kids Inc. after 6:00 PM, a late fee will be applied. The late fee schedule is as follows:
- Pick-up after 6:00 PM will result in a One Dollar per Student per minute ($1.00 / student / minute) charge continuing until pick-up has arrived unless a call has been made in advance to inform Yoga-Tastic 4 Kids Inc. of such late pick-up. IF A CALL HAS NOT BEEN RECEIVED, AT 6:15 PM THE EMERGENCY CONTACT WILL BE CONTACTED TO PICK UP THE STUDENT(S). The late fee charges will apply and continue as stated above until the Student(s) has been picked up.
7. STUDENT ATTENDANCE AND RELEASE.
The Student will only be released to the Parent or Emergency Contact listed in this Agreement. In case of an emergency or an unforeseen circumstance, the Parent may authorize, in writing to Yoga-Tastic 4 Kids Inc. an additional authorized individual(s) (other than the Emergency Contact, stated above) pick up the Student on the Parent’s behalf (“Authorized Individual”). The Authorized Individual must have valid government issued photo identification (driver’s license, passport etc.) each time they come to pick up the Student. In case of an emergency, the Parent will be the first person called followed by the Emergency Contact. However, should the Parent authorize an Authorized Individual, the Parent gives permission for Yoga-Tastic 4 Kids Inc. to contact the Authorized Individual(s) in the event the Parent or Emergency Contact do not respond after 15 minutes of being contacted. The Student will NOT be allowed to leave the Yoga-Tastic 4 Kids Inc. premises with any person NOT listed in this Agreement. Should the Emergency Contact or Authorized Individual need to be modified, the Parent must contact Yoga-Tastic 4 Kids Inc. in writing to update the list.
8. TRANSPORTATION AND NOTIFICATIONS OF ABSENCE.
The transportation of the Student to and from the Yoga-Tastic 4 Kids Inc. premises takes coordination and communication to ensure safe drop off and pick-up off. By signing this Agreement you agree, accept and are bound by the release and waiver in Section 14 of this Agreement. Yoga-Tastic 4 Kids Inc. is hereby authorized to transport the Student to and from their school to the Yoga-Tastic 4 Kids Inc. premises. It is the policy of Yoga-Tastic 4 Kids Inc. that the parent of each Student notify a Yoga-Tastic 4 Kids Inc. employee when their Student will NOT need drop off or pick-up. Should the Student be absent from school for the entire day OR not need to be picked up by Yoga-Tastic 4 Kids Inc., the Parent must notify Yoga-Tastic 4 Kids Inc. by telephone, as soon as possible, but no later than 1:00 PM of such day. In the event Yoga-Tastic 4 Kids Inc. cannot be reached by telephone, the Parent must leave a message detailing the date of the absence, the Student’s full name and the school they attend. The Parent shall also communicate the absence via email to email@example.com with the same information. A Yoga-Tastic 4 Kids Inc. 4 Kids Inc. representative will respond as soon as possible to verify the students absence from the Services.
9. DISRUPTIVE STUDENT BEHAVIOUR.
Continuously disruptive and/or unruly behaviour will not be tolerated by Yoga-Tasic. All students are expected to have respect for other students participating in the Services, themselves, the Yoga-Tastic 4 Kids Inc. studio environment, Yoga-Tastic 4 Kids Inc. employees and all staff. If disruptive and/or unruly behaviour persists, the Parent will be contacted and a meeting will be scheduled to discuss the behaviour and resolution. If the disruptive and/or unruly behaviour persists after such meeting, Yoga-Tastic 4 Kids Inc. reserves the right to permanently withdraw the Student from the Services. As a result of the early withdrawal from the Services the Cancellation Policy as outlined in section 10 will apply.
10. CANCELLATION OF SERVICES.
This Agreement does not automatically renew and automatically terminates at the end of the Term. It is the responsibility of the Parent to register their Student(s) with Yoga-Tastic 4 Kids Inc. each school year. Yoga-Tastic 4 Kids Inc. reserves the right to terminate this Agreement with one (1) days’ notice for reasons described in Section 9 of this Agreement. The Parent shall be invoiced within ten (10) days for any unpaid fees upon such termination and Parent shall pay such invoice in accordance with Section 6 of this Agreement. If the Parent wishes to withdraw a Student from the Services before the completion of the Term of this Agreement, the Parent shall be invoiced a charge of Two Hundred Dollars ($200.00) plus fifteen percent (15%) of the remaining fees owing under this Agreement.
11. NOTICE OF NON-LICENSING.
The Services provided by Yoga-Tastic 4 Kids Inc. are considered exempt from childcare licensing requirements otherwise required under the Ontario Child Care and Early Years Act, 2014 (the “Act”). Yoga-Tastic 4 Kids Inc. Services are considered as an “authorized recreational and skill building program” and as such, Yoga-Tastic 4 Kids Inc. must ensure the following requirements are adhered to:
- An emphasis on mindfulness, suspension aerial yoga and regular yoga as part of our programming;
- Services are only available to students who are at least six years of age or will be turning six years of age during the calendar year for which they are enrolled; and
- The Services will be available on weekdays for 3 or less consecutive hours each weekday.
It is also a requirement under the Act that Yoga-Tastic 4 Kids Inc. provide each parent with a written disclosure that Yoga-Tastic 4 Kids Inc. Services are not a licensed Child Care program. The Government of Ontario does not license this Child Care program. By executing this Agreement you confirm you have read, understood and accepted such notice of non-licensing.
12. MEDIA CONSENT.
By executing this Agreement, the Parent hereby acknowledges and consents for the capture of Student’s image, likeness and sound of voice as recorded in photographs, audio or video, and the rights thereto, without payment or any other consideration during participation in the Services, and to publication of the photographs and videos by Yoga-Tastic 4 Kids Inc. for advertising, promotional and marketing purposes. Parent understands that said image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein Student’s likeness appears. Parent hereby expressly waives all moral rights with respect to the recording of Student’s image and likeness. Additionally, Parent waives any right to royalties or other compensation arising or related to the use of Student’s image or recording. By signing this release Parent understand this permission signifies that photographic or video recordings of Student may be electronically displayed via the Internet or in marketing or other social media platforms and that there is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. If the Parent does not consent to the above, please email firstname.lastname@example.org
13. Consent Request for Sending Commercial Electronic Messages.
14. RELEASE FROM LIABILITY.
Parent acknowledges that this Agreement will be relied upon by Yoga-Tastic 4 Kids Inc. and any of its affiliates, subsidiaries, employees, directors, officers, volunteers and/or or assigns (collectively, the “YT Group”), by way of which Student may participate in these Services, and that it will govern Student’s actions and responsibilities at said activity. In consideration of Student’s application and permitting Student to participate in these activities or related events, Parent hereby takes action for themselves, their executors, administrators, heirs, next of kin, successors, and assigns as follows:
a) Waive, release, and forever discharge the YT Group from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for Student’s death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including the Student(s) traveling to and from the Services;
b) Fully indemnify and hold the YT Group harmless from any and all liabilities or claims made as a result of participation in the Services, whether caused by the negligence of release or otherwise, including without limitation the negligence of the YT Group, breach of contract, or breach of any statutory or other duty of care owing under legislation or otherwise. Parent covenants not to make or bring any such claim against the YT Group, and forever release and discharge the YT Group from liability under such claims. Parent acknowledges that the YT Group is expressly not responsible for the errors, omissions, acts, or failures to act of any party or entity conducting the Services (or any one activity) on their behalf. Parent understands while participating in the Services, this Agreement the provisions of this section in particular, shall be construed broadly to provide a release and waiver to the maximum extent permissible under law.
UNDER NO CIRCUMSTANCES WILL THE YT GROUP, ITS REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR OTHER THIRD PARTIES WITH WHICH THE YT GROUP DOES BUSINESS (“BUSINESS PARTNERS”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT, EARNINGS, ANTICIPATED EARNINGS, INTERRUPTION OR LOSS OF BUSINESS, OR ANY CONSEQUENTIAL LOSSES, PROBLEMS, OR FAULT HOWSOEVER ARISING OUT OF THE USE OF THE ACTIVITIES. PARENT HEREBY VOLUNTARILY RELEASES, FOREVER DISCHARGES, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE YT GROUP AND TO WAIVE ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION, THAT I HAVE OR MAY HAVE IN THE FUTURE AGAINST THE YT GROUP, AND TO RELEASE THE YT GROUP FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT I MAY SUFFER OR THAT MY FAMILY, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND ESTATE MAY SUFFER AS A RESULT OF MY ATTENDANCE AT THE PREMISES AND MY PARTICIPATION IN THE ACTIVITIES DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, c. O. 2 ON THE PART OF THE YT GROUP AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE YT GROUP TO SAFEGUARD OR PROTECT STUDENT FROM THE RISKS, DANGERS AND HAZARDS OF THE YT GROUP’S EQUIPMENT (HEREINAFTER REFERRED TO AS “CLAIMS”). WITHOUT LIMITING THE FOREGOING, THE LIMIT ON THE YT GROUP’S TOTAL CUMULATIVE LIABILITY TO ME OR ANY PERSON FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES WILL BE LIMITED TO A MAXIMUM OF $10.00 CANADIAN DOLLARS.
15. PERSONAL INFORMATION.
If any term or provision of this Agreement is held to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall ensure to the benefit of Parent/Student and their heirs and next-of-kin, and Yoga-Tastic 4 Kids Inc. and its successors and assigns.
This Agreement and the Terms and Conditions related thereto are made, executed and delivered in Burlington, Ontario, and shall be construed and enforced in accordance with the domestic laws of Ontario and the laws of Canada applicable therein. The parties hereto irrevocably attorn to the jurisdiction of the Courts of Ontario for the resolution of disputes.
18. ENTIRE AGREEMENT.
This Agreement and the schedules hereto outlines and states the entire agreement between Yoga-Tastic 4 Kids Inc. and the Parent. No amendment to the Agreement is permitted without written consent of Yoga-Tasic.