The following are key provisions in the Service Agreement that Customers must agree to in order to receive Services from Beautiful Math Minds LLC. Prior to the start of Services, Customer receives, completes, and signs an electronic copy of the full Service Agreement.
THIS SERVICES AGREEMENT (the “Agreement”) is made and entered into ______________, 2020 (“Effective Date”) by and among Beautiful Math Minds, LLC, a Virginia limited liability company (the “Company”) and ____________________ (“Customer”). Company and Customer are referred to herein as a “Party” or collectively as the “Parties.”
WHEREAS, the Company is engaged in the business of providing certain math tutoring and related educational services by remote and/or in-person means (collectively referred to herein as the “Services”), which it has developed at considerable expense to the Company;
WHEREAS, the Customer desires to engage the services of the Company to provide the Services to Customer’s child (the “Student”), subject to the terms and conditions set forth in this Agreement;
NOW, THEREFORE, in consideration of the recitals and the mutual covenants, representations, warranties, conditions, and agreements hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the Company and Customer agree as follows:
ARTICLE I. SERVICES
The Company shall provide to the Student the Services selected by Customer and set forth more fully in Exhibit A – Program Terms, which is attached hereto and incorporated herein by reference. The details of the methods and manners for performance of the Services by the Company shall be under its own control and discretion. The Student for which the Customer has requested the Services is set forth in Exhibit B – Student Information, which is attached hereto and incorporated herein by reference.
1.2 Nature of Services
Customer agreesthat the Services provided by the Company shall occur either (a) via remote teleconferencing means and remote asynchronous video-based discussions for remote services; or (b) in person, as agreed upon by the Parties.
a) In order to facilitate the Services which are provided remotely (identified and described in Exhibit A as “Remote Services”), the Parties may utilize third party platforms identified by the Company, including but not limited to video conferencing platforms (e.g. Zoom) and remote social learning platforms (e.g. Flipgrid, Beast Academy, Google Classroom) (collectively the “Third Party Platforms”). Customer acknowledges and agrees that Customer is solely responsible for obtaining access to the Third Party Platforms for Student, monitoring and supervising the Student’s use of the Third Party Platforms, obtaining, maintaining and protecting necessary online accounts for the Third Party Platforms, and maintaining a computer, headset or other telecommunicating means, internet access, security software, and other technology or applications sufficient to allow the provision of the Services. The Customer must consent to the Student’s use of the Third Party Platforms as set forth in Exhibit C – Third Party Platforms Consent.
b) In order to facilitate the Services which are provided in-person (identified and described in Exhibit A as “In-Person Services”), the Parties understand and agree that the Student will attend in-person instruction with Company-designated agents. Customer acknowledges and agrees that Customer is solely responsible for the Student’s attendance and access to In-Person Services.
i. COVID-19 Responsibilities.The Parties acknowledge and agree that, in light of the ongoing pandemic, there exists the risk that either Customer and/or the Student may be exposed to and/or contract coronavirus 2019 (“COVID-19”), which may result in serious illness, personal injury, disability, death and/or property damage. Customer further agrees that in seeking the Services, as offered-in person, to accept and assume all responsibility and risk of injury, illness, disability, death, and/or property damage arising from either Customer’s and/or the Student’s participation in the Services, pursuant to the terms of the Release of Liability and Assumption of Risk Agreement attached hereto and incorporated herein as Exhibit D.
Customer further acknowledges and agrees that Customer is solely responsible for reporting any symptoms of illness, including but not limited to coughing, shortness of breath, or fever, experienced by Customer, the Student, and/or anyone in Customer’s household as soon as Customer is and/or could be reasonably aware of such symptoms and Customer and/or the Student will immediately cease and discontinue access of any in-person services in accordance with the terms of Exhibit D.
1.3 Fees and Expenses
In consideration of the provision of the Services by the Company and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in Exhibit A – Program Terms. Any payment that is not paid by Customer within ten (10) days of request for payment from the Company shall bear interest at the rate of three percent (3%) per annum.
ARTICLE II. LIMITATION OF LIABILITY
2.1 Limitation of Liability
a) IN NO EVENT SHALL THE COMPANY BE LIABLE TO CUSTOMER, THE STUDENT, OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, 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 DAMAGE WAS 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.
b) IN NO EVENT SHALL THE COMPANY’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 TO THE COMPANY BY CUSTOMER PURSUANT TO THIS AGREEMENT.
a) Customer shall defend, indemnify, and hold harmless the Company, and its members, officers, directors, employees, agents, successors, and permitted assigns from and against all damages, liabilities, claims, or losses arising out of or resulting from bodily injury, death of any person, or damage to real or tangible, personal property resulting from the negligent or willful acts or omissions of Customer or Student, and Customer's breach of any representation, warranty, or obligation of Customer in this Agreement.
b) Further, Customer shall defend, indemnify, and hold harmless the Company, and its members, officers, directors, employees, agents, successors, and permitted assigns from and against all damages, liabilities, claims, or losses that occur as a result of participation in the specified Services to the maximum extent permitted by law.
ARTICLE III. REPRESENATIONS
3.1 Customer Representations.
a) Customer certifies that Customer is the parent or legal guardian of the Student, is responsible for the care, custody and control of the Student, and has the sole necessary authority to request such Services for the Student; _________
b) The information provided by Customer pursuant to this Agreement is true and accurate, and that Customer has read, reviewed, and agreed to all terms herein; _________
c) Customer agrees that the Services provided by the Company are not a guaranty of performance or of particular outcome for the Student; _________
d) Customer agrees that it is solely responsible for the following: _________
i. obtaining and maintaining access to the appropriate Third Party Platforms to allow Student to receive the Services;
ii. obtaining, monitoring and supervising the Student’s use of the Third Party Platforms;
iii. monitoring and supervising the Student’s use of the computer, internet, or other online systems during the course of the Services;
iv. monitoring the privacy and security of the Student’s use of the computer, internet, or other online systems during the course of the Services;
v. ensuring that the Student participates in and performs the work necessary to complete the Services; and
vi. maintaining a computer, headset or other telecommunicating means, internet access, security software, and other technology or applications sufficient to allow the provision of the Services.
e) Customer, as the parent or legal guardian of the Student, agrees that the Company shall be permitted to use the name, audio, image or likeness of the Student, and information about the Student’s educational achievements or progress, for any legal use, including but not limited to publicity, copyright purposes, illustration, advertising, testimonials, promotional opportunities and web content. _________ (Note: If Customer does not initial this Section 3.1.e, Customer does not grant permission for any Student information or images, including but not limited to those listed in this Section 3.1.e, to be used by the Company. All privacy requests are respected and will not affect the ability of the Company to provide the Services.)
f) Customer agrees that the Company shall not be responsible for and shall maintain no liability for the Student’s use of any online systems or activities, including but not limited to any Third Party Platform, during the receipt of the Services. The Company shall maintain no liability for any damages or losses sustained due to the Student’s use of any online systems, including but not limited to the Third Party Platforms, computer devices, internet or related applications. It shall remain the sole responsibility of the Customer to monitor and supervise the Student and the Student or Customer’s accounts at all times, and to ensure appropriate measures are taken to safeguard the Student’s safety and privacy while utilizing any electronic devices and the internet. _________
ARTICLE IV. INTELLECTUAL PROPERTY
Customer recognizes the interest of the Company in maintaining the confidential nature of proprietary information, Trade Secrets (as defined in the Uniform Trade Secrets Act in effect in Virginia and set forth in Va. Code Ann. Chapter 26, Section 59.1-336) and other business, coursework and commercial information of the Company (collectively, “Proprietary Information”). Customer further recognizes that if any Proprietary Information were disclosed such disclosure would (i) impair the Company’s ability to retain established customers and attract new customers, (ii) cause the Company substantial and irreparable damage.
In connection herewith, Customer covenants that at all time during the Parties’ Agreement, and for a period of five (5) years after termination of such Agreement, Customer shall not, directly or indirectly, publish, disclose, transfer, or use for his or her own benefit or for the benefit of anyone, other than the Company, any Proprietary Information not in the public domain that was acquired by Customer by virtue of Customer’s relationship with the Company. Proprietary Information shall also include, without limitation, information relating to the business operations, course work, course materials other similar information of the Company.
Customer acknowledges that (i) Proprietary Information has never been commercialized; (ii) access to the Proprietary Information has been limited to only certain employees of the Company on a need to know basis; (iii) the Company has taken reasonable steps to avoid disclosure of the Proprietary Information to other persons, and (iv) the Company has a compelling business interest in preventing unfair competition stemming from the use or disclosure of any Proprietary Information. Customer acknowledges that all Proprietary Information is and will remain the sole property of the Company and Customer shall upon the request of the Company, or automatically without request upon termination of the Agreement, turn over or delete all copies of such Proprietary Information to the Company.
These provisions will survive termination and expiration of this Agreement.
4.2 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, course materials, and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of the Company in the course of performing the Services (collectively, the "Deliverables") shall be owned solely by the Company. Customer agrees not to copy, transfer, distribute, or utilize the Deliverables for any means whatsoever, except for the Student’s receipt of the Services during the term of this Agreement. These provisions will survive termination and expiration of this Agreement.
ARTICLE V. TERMINATION
5.1 By the Company.
This Agreement may be terminated by the Company at any time, with or without reason. Such termination shall not prejudice any other remedy to which the Company may be entitled, either by law, in equity, or under this Agreement. Any service or work that commenced prior to the termination of this Agreement shall be bound by the terms of this Agreement.
5.2 By Customer.
Customer may terminate this Agreement, with or without reason, by providing at least ten (10) calendar days’ written notice. Any service or work that commenced prior to the expiration of such notice period shall be bound by the terms of this Agreement. In the event of termination, the Company shall be entitled to retain those fees set forth in Exhibit A.
ARTICLE VI. MISCELLANEOUS
6.1 Assignment. By reason of the special and unique nature of the services hereunder, it is agreed that neither Party hereto may assign any interests, rights or duties which the Party may have in this Agreement without the prior written consent of the other Party, except that upon any merger, liquidation, or sale of all or substantially all of the assets of the Company, this Agreement shall inure to the benefit of and be binding upon Customer and the purchasing, surviving, or resulting entity in the same manner and to the same extent as though such entity were the Company.
6.2 Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the internal laws of the Commonwealth of Virginia (without giving effect to principles of conflicts of laws). Each of the Parties hereto hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction and venue of the state courts located in Fairfax County in the Commonwealth of Virginia for any actions arising out of or relating to this Agreement and the transactions contemplated hereby (and agrees not to commence any action relating thereto except in such courts).
6.3 Severability. If any term or part of any provision of this Agreement is invalid, illegal, or incapable of being enforced by any rule or law or public policy, such term or part of any provision, shall be severed from this Agreement and all other conditions and provisions shall remain in full force and effect.
6.4 Entire Agreement. This Agreement embodies the entire agreement and understanding of the Parties with respect to the subject matter hereof, and supersedes all prior agreements and understandings relative to such subject matter. No modification, amendment, or waiver of any of the provisions of this Agreement shall be effective unless in a writing which specifically mentions this Agreement and is signed by the Parties. To the extent of any inconsistencies with this Agreement and any other agreements, this Agreement shall prevail.
6.5 Notices. Any and all notices required or permitted under this Agreement shall be in writing. In writing means by a letter, facsimile or email, that specifically references the Parties and the matter requiring notice. If mailed, the writing shall be deemed delivered when delivered in person, three days after deposited in the United States mail, postage paid, or when sent by email, addressed as follows:
If to Customer: The address set forth in Exhibit A.
If to the Company: Beautiful Math Minds, LLC
10449 White Granite Drive, #3891
Oakton, VA, 22124
Attn: Jennifer Mendez
with a copy (which shall not constitute notice):
McClanahan Powers, PLLC
8133 Leesburg Pike, Suite 130
Vienna, VA 22182
Attention: Robert Powers, Esq.
Such addresses may be changed from time to time by either Party by providing written notice in the manner set forth above.
6.6 Counterparts. This Agreement may be executed in multiple counterparts, whether transmitted by facsimile or other electronic means, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
6.7 Modifications. No amendment or modification of this Agreement shall be valid or effective, unless in writing and signed by the Parties to this Agreement.
6.8 Remedies Cumulative. Except as otherwise expressly provided herein, all rights and remedies of the Parties under this Agreement are cumulative and without prejudice to any other rights or remedies under law.
6.9 Waiver. The failure of the Company to insist, in any one or more instances, upon a strict performance of any of the covenants of this Agreement, or to exercise any option or right herein contained, shall not be construed as a waiver, or a relinquishment, of such covenant, right or option.
6.10 Attorney’s Fees and Costs. In any legal action between the Parties arising from or related to this Agreement, the Company shall be entitled to recover its costs and fees, including actual attorney fees, for any claim or matter that it prevails upon.
6.11 Contra Proferentum. No provision of this Agreement is to be interpreted for or against any Party because that Party, or such Party’s legal representative, drafted such provision. Each Party hereto has participated substantially in the negotiation and drafting of this Agreement and each Party agrees that any ambiguity herein should not be construed against the draftsman.
6.12 Headings; Interpretation. The Section and subsection headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of the Agreement.
CUSTOMER ACKNOWLEDGES THAT HE OR SHE HAS BEEN ADVISED HE OR SHE SHOULD SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL AND HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL.
ii. Ss2: November 9-January 15 (no club meetings 11/23-27 or 12/21-1/1)
Scope of Remote Services
Beautiful Math Minds, LLC will provide the following Remote Services to the Student as indicated by the both Company’s and Customer’s initials:
a) Summer Camp (5-Weeks) – 90 minute online live mathematics class with a certified teacher (Jen Mendez) once a week for five (5) weeks via a videoconferencing platform (e.g. Zoom) and permission to access and participate asynchronously in optional and extension activities on the following Third Party Platforms to include Google Classroom, Flipgrid, and Beast Academy Online at no additional cost while enrolled in the camp. Company will share activities for the Student to do on Third Party Platforms and Customer will have permission to access to the Third Party Platforms for the 5-weeks of the summer camp.
b) Math Club (Register Each Session) – 60-minute online live mathematics group meetings in which a certified teacher provides a focus lesson each week for one session (5- or 7-weeks, as designed by the club the Customer is registering for) and permission to participate in optional practice and extension activities done asynchronously throughout the week between club meetings via Third Party Platforms to include Zoom, Google Classroom, Flipgrid, and Beast Academy Online at no additional cost while enrolled in the Math Club. All Third Party Platforms are included in the cost of this service and a customer will retain permission to access to the Third Party Platforms while this service is retained or if enrolled every session throughout the academic year until 05/21/2021. Access status will be reassessed each session with continued payment. The quarters run as follows:
i. Session 1: September 8-October 23 (7-weeks) or the accelerated 5-Week Quarter 1 Cohort: October 5-November 6
ii. Session 2: November 9-January 15 (7-weeks; no club meetings 11/23-27 or 12/21-1/1)
iii. Session 3: February 1-March 19 (7-weeks)
iv. Session 4: April 5-May 21 (7-weeks)
c) Individualized Math Plan – One (1) 60-minute online meeting to evaluate Student and provide advice and support to the parent/guardian, one (1) Beast Academy Online license, good for one student, through May 21, 2021 to be used for self-directed math learning by the Customer, one (1) 60-minute mid-year online student-parent-teacher conference, and optional practice and extension activities done asynchronously throughout the week between classes via Third Party Platforms to include Flipgrid at no additional cost through May 21, 2021.
d) Educational Consultation and Tutoring – Time dedicated to talk, consult, and/or tutor over the phone or a third-party platform to provide tailed advice and recommendations based on customer-determined needs.
Remote Services Program Fees
The following are the associated fees and payment schedule:
a) Summer Camp - $300.00 and includes a $100 non-refundable administration fee. All payments are due upon registration.
b) Math Club (per session) - $420.00 for a 7-week session (or $300 for a 5-week accelerated session) and includes a $100 administration fee. All payments are due upon registration.
c) Individualized Math Plan - $450.00, and includes the $100 administration fee. All payments are due upon registration.
d) Educational Consulting and Tutoring - $100.00 per hour for individuals/families (or $750 for 10 hours when prepaid in advance) and $250 per hour for businesses and organizations (or $1700 for 8 hours when prepaid in advance). These fees include a one-time $100 administration fee. All fees are due upon registration.
Remote Services Non-Refundable Fees
In the event that Customer terminates the Agreement, the following fees shall be non-refundable:
Remote Services Administration Fees
a) Summer Camp - $100.00
b) Math Club - $100.00 (per session)
c) Individualized Math Plan - $100.00
d) Educational Consultation and Tutoring – All fees are non-refundable, but can be applied rescheduled days/times if Customer does so 24 hours or more in advance.
Remote Services Payments
a) Summer Camp (5-Weeks)
If the Customer terminates the Agreement at least ten (10) days prior to the start of the class, then the fee for the Summer Camp shall be refunded to Customer (excluding the Administration Fee). If the Customer fails to terminate the Agreement at least ten (10) days prior to the start of the class, then all fees paid to the Company shall be non-refundable.
b) Math Club (Session)
If the Customer terminates the Agreement at least ten (10) days prior to the start of a new session, then any fees paid for the new session shall be refunded to Customer (excluding the Administration Fee). If the Customer fails to terminate the Agreement at least ten (10) days prior to the start of the new session, then all fees paid to the Company shall be non-refundable. The typical 7-week sessions run as follows:
i: Session 1: September 8-October 23 (7-weeks) or the additional accelerated 5-week Quarter 1 Cohort: October 5-November 6
ii. Session 2: November 9-January 15 (7-weeks; no club meetings 11/23-27 or 12/21-1/1)
iii. Session 3: February 1-March 19 (7-weeks)
iv. Session 4: April 5-May 21 (7-weeks)
c) Individualized Math Plan (Academic Year)
If the Customer terminates the Agreement no later than 14 days after payment, then any fees shall be refunded to Customer (excluding the Administration Fee). If the Customer fails to terminate the Agreement within 14 days of payment, then all fees paid to the Company shall be non-refundable.
d) Educational Consultation and Tutoring
If the Customer reschedules the consultation or tutoring via Calendly or contacts us in writing at least twenty-four (24) hours before the scheduled consult/tutoring session, then any fees paid shall be applied to the newly scheduled day/time. If the Customer terminates or fails to reschedule before twenty-four (24) hours from the scheduled time, then all fees paid to the Company shall be non-refundable.
Scope of In-Person Services
Beautiful Math Minds will provide the following In-Person Services to the Student:
a) Micro-Academy - Total of either 180 days and/or 990 hours of instruction, as is in compliance with the educational laws of the Commonwealth of Virginia. Students enrolled in the Micro-Academy will have their learning overseen and directed by a Virginia-certified teacher who filed and qualified to be classified as an official “Virginia Tutor” the 2020-2021 school year. This service includes the following provisions:
i. Students must be between the ages of 8-12; or students who are rising 2nd-5th graders;
ii. The instructional academic year will begin on September 8, 2020, and will conclude no later than June 14, 2021. The certified teacher maintains authority to track and ensure all academic attendance requirements are met in order to remain in the Micro-Academy, as determined by the Commonwealth of Virginia.
iii. Learning instruction will include, at a minimum, the following subjects: English language arts, mathematics, science, social studies, and the arts.
iv. Instruction and oversight will be provided through a combination of both in-person and remote means, as agreed upon time to time by the Beautiful Math Minds and the Customer. The amount of time doing in-person versus remote instruction and oversight may change based on the evolving health conditions within the families enrolled in the Micro-Academy, city, county, state, or country. However, unless Beautiful Math Minds or a governing authority determines otherwise, the Micro-Academy students will receive in-person homeschool instruction for a minimum of 180 days and/or 990 hours.
a. Students are under the direction of the certified teacher four (4) days a week (Monday-Thursday) and learn asynchronously one day a week (Friday) under the guidance of the parents/guardians of the enrolled families.
b. The amount of instruction time each day may vary depending on the learning planned for the day and health circumstances.
c. Instruction begins at 8:45 a.m. and will last no less than 5.5 hours (excluding lunch and recess) and no more than 10 hours each day. The typical learning day will go from 8:45 a.m. until 4:00 p.m.
v. Students must obtain their own means of transportation to and from the location of in-person instruction which will typically, but not exclusively, occur at 10443 Red Granite Terrace, Oakton, Virginia 22124. Any deviations will be communicated with families at least one (1) week prior.
vi. As the amount of daily instructional time will vary, families will pay a one-time non-refundable deposit of $500 to cover administrative costs and then they will be invoiced at the first of each month starting October 1, 2020, based on a tuition rate of $10 per hour of instructional time and oversight provided by the certified teacher with the total not to exceed $7,800.00 per student for the academic year. Tuition is not prorated based on student attendance.
a. The tuition will cover all learning materials and costs required for daily learning, including books, paper, writing materials, supplemental teacher or classes fees, and online Third Party Platforms to include Zoom, Google Classroom, Flipgrid, and Beast Academy Online at no additional cost. Students retain access to all third-party Platforms while enrolled in the Micro-Academy.
b. Tuition also covers all costs associated with learning-related travel or field trips within a 20-mile radius of where the in-person instruction normally occurs.
c. Any other learning activities, field trips, materials, or fees incurred for learning that occurs outside these parameters will be offered at an additional cost to families, should they choose to participate. All such opportunities and costs will be shared with the families at least two weeks in advance to allow for families to choose whether to participate. If a family chooses not to participate, they retain responsibility to oversee their student and appropriate asynchronous learning in place of participating in the activities of the group.
In-Person Services Program Fees
The following are the associated fees and payment schedule for In-Person Services Program:
a) Micro-Academy Tuition – Beginning October 1, 2020, and continuing through the close of instruction, Customer will pay $10.00 per hour of instruction on a monthly basis, with the total amount not to exceed $7,800.00 per student per academic year. Beautiful Math Minds will send an invoice for this monthly tuition amount via the email address provided by Customer at the onset of services.
In-Person Services Non-Refundable Fees
In the event that Customer terminates the Agreement, the following fees shall be non-refundable:
In-Person Services Administration Fees
a) Micro-Academy - $500.00
In-Person Services Monthly Payments
a) Micro-Academy (180 days and/or 990 Hours of Instruction)
If Customer terminates the Agreement in writing at least ten (10) days prior to the start of the next month, then no additional tuition will be incurred the following month(s) and the Customer will be invoiced for the final month of tuition as normal. Tuition costs for the month in which Customer withdraws is not prorated.
If the Customer terminates the Agreement in writing less than ten (10) days prior to the start of the next month, Customer will be responsible for that next month’s tuition.
Exhibit B – Student Information
Student Full Name:
Customer (Parent/Guardian) Name:
Alternative Phone number:
Exhibit C – Third Party Platform Consent
Beautiful Math Minds students will be working with several Third Party Platforms to enhance learning and increase student engagement. These Third Party Platforms include Google Classroom which is part of the G Suite, Flipgrid, and Beast Academy Online.
Google Classroom: Beautiful Math Minds uses Google Classroom which is part of G Suite for Education. G Suite is used by tens of millions of students and teachers around the world. Students will use Google Classroom to access assignments and communicate with their teacher and other students. Review Google’s terms of service at https://gsuite.google.com/terms/user_features.html. Please read these terms carefully, and then initial below to indicate you’ve read this and allow your child to participate using Google Classroom. If you do not initial and agree to provide consent for your child to participate, please do not allow your child to use the Google Classroom codes distributed for our class. Your child will still be able to attend the live online classes, but they will not be able to use Google Classroom to track and access assignments.
Exhibit D - RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
The individual named below (referred to as "I" or "me") desires for his or her child(ren) to participate in the Micro-Academy (the "Activity") provided by Beautiful Math Minds, LLC, a Virginia limited liability company (the "Company") at 10443 Red Granite Terrace, Oakton, VA 22124.
I represent and warrant that (a) I am the parent or legal guardian of the minor child(ren) identified and named below; (b) no court has issued any order, judgment, or decree granting custody of the minor child(ren) to anyone else or otherwise affecting my rights as parent or legal guardian; (c) the minor child(ren) has/have not been emancipated; (d) I have the legal right, power, and authority to consent to this Agreement on behalf of the minor child(ren) and myself; and (e) I am at least 18 years of age. By signing below, I hereby consent to and approve in all respects the terms and conditions of this Agreement and agree that both my child(ren) and I shall be bound by all of its terms and conditions.
In consideration of the intangible value that I and my child(ren) will gain by participating in the Activity and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this agreement (this "Release").
1. I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I am also aware of the highly contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (COVID-19) (the "Disease") and the risk that I or my child(ren) may be exposed to or contract the Disease by engaging in the Activity, which may result in serious illness, personal injury, disability, death, and/or property damage. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of the Disease, the Company cannot guarantee that I and/or my child(ren) or others will not be injured or become infected with the Disease or other infectious diseases due to my child(ren)’s participation in the Activity and that engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT MY CHILD(REN) AND MYSELF ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I AND MY CHILD(REN) HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM ME OR MY CHILD(REN) ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
2. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, manager(s), employees, agents, affiliates, shareholders, members, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to my child(ren)’s participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, either on my behalf or on behalf of my child(ren), and forever release and discharge the Company and all other Releasees from liability under such claims.
3. I confirm that I and my child(ren) are: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my or my child(ren)’s ability to participate in the Activity; and (b) not experiencing symptoms of the Disease such as cough, shortness of breath, or fever, do not have a confirmed or suspected case of the Disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the Company at all times during the Activity. If at any time I believe conditions to be unsafe, that I or my child(ren) are no longer in proper physical condition to participate in the Activity, or I or my child(ren) begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.
4. I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or any other Releasees, arising out or resulting from any claim of a third party related to either my or my child(ren)’s participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.
5. I hereby consent for my child(ren) to receive medical treatment deemed necessary if my child(ren) is injured or requires medical attention during his/her/their participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
6. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Fairfax County, Virginia and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
I am the parent or legal guardian of the minor(s) identified here below. I have the legal right to consent and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability.