Terms and conditions for 1-hour weekly class - Leaside
MAKERKIDS
WAIVER OF CLAIMS, RELEASE OF LIABILITY, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
WARNING: READ CAREFULLY!
THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS
BY SIGNING THIS DOCUMENT YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE. YOU WILL AGREE TO ASSUME RESPONSIBILITY FOR CERTAIN RISKS AND AGREE TO FULLY INDEMNIFY MAKERKIDS INC. AGAINST LEGAL LIABILITY FOR INJURY, PROPERTY DAMAGE, ILLNESS AND DISEASE (INCLUDING COVID-19)
BY SIGNING THIS DOCUMENT YOU WILL ACKNOWLEDGE AND AGREE THAT TRANSMISSION OF COMMUNICABLE DISEASE (INCLUDING COVID-19) IS AN INHERENT RISK ASSOCIATED WITH YOUR CHILD’S PARTICIPATION IN THE MAKERKIDS PROGRAM
I/We, (parent(s)/guardian(s) of the Participant) understand that this Agreement is a binding legal agreement. Any clarification or questions or concerns must be raised before signing.
I/We, (parent(s)/guardian(s) of the Participant) acknowledge that (the “Participant”) has been offered an opportunity to participate in a program operated by MakerKids Inc. (the “Program”). In consideration of permitting the Participant to participate in the Program, I/we acknowledge and agree to all the following.
I/We understand that in this form, “MakerKids” includes MakerKids Inc., its employees, officers, directors, partners, representatives, agents, servants, subsidiaries, shareholders, parent or affiliate corporations, successors, assigns, and any volunteers.
I/We acknowledge that I/we have read a description of the Program and understand all of the inherent and potential risks of the intended activities related to the Program.
I/We also understand that Participant’s participation in the Program involves Participant’s use of facilities and equipment at the Program, and participation in the activities offered at the Program.
ACTIVITIES:
The activities at the Program may include, but are not necessarily limited to:
Low-energy activities such as: coding, robotics and electronics, computer skills, design and engineering.
High energy activities such as: open recreation periods at local parks.
Transportation to off-site activities, including bus, subway, car or on foot
RISKS:
I understand that there are many risks associated with the Participant’s participation in the Activities (the “Risks”). I UNDERSTAND THAT COVID-19 IS A SIGNIFICANT HEALTH RISK AND CARRIES A HIGH RISK OF TRANSMISSION THROUGH PHYSICAL OR SHARED CONTACT. Risks include a risk of injury or death and/or damage to or loss of property. Participants must assume these risks. All of the risks cannot be listed on this Form, but may include the possible conduct of other participants, whether it is negligent or intentional.
ACKNOWLEDGEMENT & ASSUMPTION OF RISK
I/We accept any and all risks, including the risk of injury or death and/or damage to or loss of property associated with Participant’s participation in the Program. I/We hereby provide my full, voluntary and informed consent to the Participant’s participation in the Program.
WAIVER, AGREEMENT NOT TO SUE AND RELEASE OF CLAIMS:
In exchange for MakerKids allowing Participant’s participation in the Program, I/We agree to the following:
I/We waive any and all claims and will not commence or participate in any type of claim or lawsuit against MakerKids in any way related to Participant’s participation in the Program; and
I/we hereby release and forever discharge Makerkids from any and all liability for loss, damage, expense, injury, death, property damage, illness or disease (e.g. communicable diseases including COVID-19) that the Participant, I/we, my/our executors or administrators, or any other third party may suffer as a result of the Participant’s participation in the Program due to any cause whatsoever, whether arising from the NEGLIGENCE of the Releasees, vicarious liability, breach of any statutory or other duty (including but not limited to the Occupiers’ Liability Act, RSO 1990, c O.2), breach of contract, mistake or error of judgment of the Releasees, or otherwise.
INDEMNITY
That I/We will completely indemnify and hold harmless MakerKids from any and all damages, loss or expense (including legal costs) of any kind resulting from any and all claims, demands, causes of action of any kind whatsoever including those involving negligence on the part of MakerKids, including any claims or lawsuits commenced in a personal capacity or by any legal person as a representative of me/us or the Participant.
REPRESENTATIONS
I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of the Activities other than what is set forth in this Agreement.
UNFORESEEN EVENTS
I/We understand that MakerKids will be facilitating Activities of the Program. I/We understand that despite all reasonable precautions being in place to provide proper organization, supervision and equipment for all Activities, circumstances may arise which are not foreseeable or which are beyond MakerKids’ control. I/We understand and acknowledge that MakerKids is not responsible for any damages caused by the delay or failure to perform or complete any Activities or to provide any aspect of the Program when such delay or failure is due to fires, strikes, floods, epidemics or pandemics, acts of God, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.
RULES AND REGULATIONS
I/We acknowledge that MakerKids has a policy of “I’ll come. I’ll make something. I’ll help others and stay safe.” I/We have explained to Participant that they must use the facilities, tools, and materials in a safe way, and to alert fellow participants, mentors, and/or program leaders when facilities, tools, and materials are being used in a way that could cause harm to themselves or others.
I/We acknowledge that parents are not allowed to sit in on classes, unless previously agreed in writing.
I/We acknowledge that while participants are welcome to use their own accounts for Scratch, Minecraft and other programs used in the Program’s classes, MakerKids is not responsible if the Participant shares their logins and passwords or if logins become known. MakerKids will not access Participant’s account without a participant’s permission. MakerKids recommends that participants know their logins and that they logout once class has concluded.
I/We acknowledge that if Participant is not able to make it to class one week and will therefore be attending less than four that monthly billing period, I/we can try to have one missed class rescheduled. I/We acknowledge that I must fill out the form at makerkids.com/makeup at least 72h before the class to be missed (or before the start of the class the day of if ill) and MakerKids will contact me/us if they find space. I/We acknowledge that MakerKids cannot provide a refund for missed classes.
I/We acknowledge that I/we are responsible for Participant outside of class. MakerKids is open 15 minutes before and after class. I/We acknowledge that I/we are responsible for escorting Participant inside and outside of the MakerKids facility. I/We acknowledge that MakerKids cannot monitor Participant outside of this 15 minute window before and after class, and MakerKids will not be held responsible for Participant’s actions outside of stated class times.
I/We acknowledge that any behavioural misconduct will result in immediate removal from the Program with no money refunded.
I/We agree that any violation of the rules of MakerKids by the Participant, or any behaviour or health status that puts the Participant or others at physical or emotional risk may result in the dismissal of the Participant from the Program at the sole discretion of MakerKids. I/We agree to accept financial responsibility for any costs incurred should the Participant be sent home or dismissed from the Program for any reason.
I/We understand and agree that the Participant will not attend the Program on any day where s/he feels ill or exhibits any symptoms of COVID-19, including fever, cough, sore throat and shortness of breath. In addition, the Participant will be screened for possible exposure to COVID-19 prior to entry into the Program each day and may be refused entry in the sole discretion of MakerKids staff. Any non-attendance at the Program due to possible symptoms of or exposure to COVID-19 will be credited to the Participant’s account for future programs. Refunds will not be available.
PHOTOS/RECORDINGS
I/We consent to photos and videos of the Participant being captured and displayed at the Program by MakerKids for the purpose of informing parents of the day’s activities and their child's progress. These photos/videos may also be used for promotional purposes for the benefit of MakerKids without compensation.
CANCELLATIONS
I/We acknowledge that the Program may be cancelled if too few people register. I/we will have
the option of the registration being turned into a MakerKids credit, or receiving a refund in full.
I/We acknowledge that MakerKids offers full refunds for any after-school program or birthday party cancellations more than 15 days in advance of the start date. Summer camp cancellation must be done on or before June 15th. After that point refunds are contingent upon MakerKids being able to fill the seat. I/We acknowledge that no refunds whatsoever are offered for same-day cancellations.
I/We acknowledge that if I/we have registered within 15 days before the program start date, MakerKids cannot issue a refund (only credit may apply). I/We acknowledge that to cancel my membership following the 3-month commitment, I/we must contact MakerKids to confirm the cancellation one month prior to the desired final bill.
I/We acknowledge that MakerKids will close to the public for weather emergencies. In the case of weather emergency, MakerKids staff and volunteers may still access the building, but staff will not be on duty, and classes will be cancelled. Closings will be posted online, and I/we will be emailed if our class is affected. MakerKids will attempt to reschedule any classes cancelled due to emergency, but if MakerKids is unable to reschedule or Participant is unable to make the newly scheduled class, the Participant will have the option of your registration being turned into a MakerKids credit, or receiving a refund in full.
I/We acknowledge that MakerKids does not issue partial refunds for plans once participant has begun using paid visits, only a credit can be applied.
I/We acknowledge that Makeup classes must be used or credit issued within 30 days of the missed class.
I/We agree to this Cancellation Policy.
EXCLUSIVE JURISDICTION, APPLICABLE LAW AND CLASS ACTION WAIVER I/We agree that any dispute relating to the Participant’s participation in the Program shall be litigated, if at all, before the Superior Court of Ontario located in Toronto, Ontario. The applicable law to be applied to any dispute shall be the law of the Province of Ontario.
I/We waive any and all rights to participating in a class action lawsuit against MakerKids. SEVERABILITY:
If any provision of this Form is held by a Court to be unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Form shall remain in full force and effect as drafted.
I/WE CONFIRM THAT I/WE HAVE HAD SUFFICIENT TIME TO READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING ALL OF ITS TERMS, THAT I/WE FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT AND HAVE AGREED TO THE TERMS FREELY AND VOLUNTARILY. I/WE UNDERSTAND THAT THIS AGREEMENT IS BINDING ON ME/US, MY/OUR EXECUTORS AND ADMINISTRATORS.
In the space provided below, indicate your acknowledgement and acceptance of all of the above by printing AND signing where indicated:
I understand that by checking the box, I am acknowledging my AGREEMENT TO THE ABOVE THREE PAGES:
WAIVER OF CLAIMS, RELEASE OF LIABILITY, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
WARNING: READ CAREFULLY!
THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS
BY SIGNING THIS DOCUMENT YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE. YOU WILL AGREE TO ASSUME RESPONSIBILITY FOR CERTAIN RISKS AND AGREE TO FULLY INDEMNIFY MAKERKIDS INC. AGAINST LEGAL LIABILITY FOR INJURY, PROPERTY DAMAGE, ILLNESS AND DISEASE (INCLUDING COVID-19)
BY SIGNING THIS DOCUMENT YOU WILL ACKNOWLEDGE AND AGREE THAT TRANSMISSION OF COMMUNICABLE DISEASE (INCLUDING COVID-19) IS AN INHERENT RISK ASSOCIATED WITH YOUR CHILD’S PARTICIPATION IN THE MAKERKIDS PROGRAM
I/We, (parent(s)/guardian(s) of the Participant) understand that this Agreement is a binding legal agreement. Any clarification or questions or concerns must be raised before signing.
I/We, (parent(s)/guardian(s) of the Participant) acknowledge that (the “Participant”) has been offered an opportunity to participate in a program operated by MakerKids Inc. (the “Program”). In consideration of permitting the Participant to participate in the Program, I/we acknowledge and agree to all the following.
I/We understand that in this form, “MakerKids” includes MakerKids Inc., its employees, officers, directors, partners, representatives, agents, servants, subsidiaries, shareholders, parent or affiliate corporations, successors, assigns, and any volunteers.
I/We acknowledge that I/we have read a description of the Program and understand all of the inherent and potential risks of the intended activities related to the Program.
I/We also understand that Participant’s participation in the Program involves Participant’s use of facilities and equipment at the Program, and participation in the activities offered at the Program.
ACTIVITIES:
The activities at the Program may include, but are not necessarily limited to:
Low-energy activities such as: coding, robotics and electronics, computer skills, design and engineering.
High energy activities such as: open recreation periods at local parks.
Transportation to off-site activities, including bus, subway, car or on foot
RISKS:
I understand that there are many risks associated with the Participant’s participation in the Activities (the “Risks”). I UNDERSTAND THAT COVID-19 IS A SIGNIFICANT HEALTH RISK AND CARRIES A HIGH RISK OF TRANSMISSION THROUGH PHYSICAL OR SHARED CONTACT. Risks include a risk of injury or death and/or damage to or loss of property. Participants must assume these risks. All of the risks cannot be listed on this Form, but may include the possible conduct of other participants, whether it is negligent or intentional.
ACKNOWLEDGEMENT & ASSUMPTION OF RISK
I/We accept any and all risks, including the risk of injury or death and/or damage to or loss of property associated with Participant’s participation in the Program. I/We hereby provide my full, voluntary and informed consent to the Participant’s participation in the Program.
WAIVER, AGREEMENT NOT TO SUE AND RELEASE OF CLAIMS:
In exchange for MakerKids allowing Participant’s participation in the Program, I/We agree to the following:
I/We waive any and all claims and will not commence or participate in any type of claim or lawsuit against MakerKids in any way related to Participant’s participation in the Program; and
I/we hereby release and forever discharge Makerkids from any and all liability for loss, damage, expense, injury, death, property damage, illness or disease (e.g. communicable diseases including COVID-19) that the Participant, I/we, my/our executors or administrators, or any other third party may suffer as a result of the Participant’s participation in the Program due to any cause whatsoever, whether arising from the NEGLIGENCE of the Releasees, vicarious liability, breach of any statutory or other duty (including but not limited to the Occupiers’ Liability Act, RSO 1990, c O.2), breach of contract, mistake or error of judgment of the Releasees, or otherwise.
INDEMNITY
That I/We will completely indemnify and hold harmless MakerKids from any and all damages, loss or expense (including legal costs) of any kind resulting from any and all claims, demands, causes of action of any kind whatsoever including those involving negligence on the part of MakerKids, including any claims or lawsuits commenced in a personal capacity or by any legal person as a representative of me/us or the Participant.
REPRESENTATIONS
I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of the Activities other than what is set forth in this Agreement.
UNFORESEEN EVENTS
I/We understand that MakerKids will be facilitating Activities of the Program. I/We understand that despite all reasonable precautions being in place to provide proper organization, supervision and equipment for all Activities, circumstances may arise which are not foreseeable or which are beyond MakerKids’ control. I/We understand and acknowledge that MakerKids is not responsible for any damages caused by the delay or failure to perform or complete any Activities or to provide any aspect of the Program when such delay or failure is due to fires, strikes, floods, epidemics or pandemics, acts of God, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.
RULES AND REGULATIONS
I/We acknowledge that MakerKids has a policy of “I’ll come. I’ll make something. I’ll help others and stay safe.” I/We have explained to Participant that they must use the facilities, tools, and materials in a safe way, and to alert fellow participants, mentors, and/or program leaders when facilities, tools, and materials are being used in a way that could cause harm to themselves or others.
I/We acknowledge that parents are not allowed to sit in on classes, unless previously agreed in writing.
I/We acknowledge that while participants are welcome to use their own accounts for Scratch, Minecraft and other programs used in the Program’s classes, MakerKids is not responsible if the Participant shares their logins and passwords or if logins become known. MakerKids will not access Participant’s account without a participant’s permission. MakerKids recommends that participants know their logins and that they logout once class has concluded.
I/We acknowledge that if Participant is not able to make it to class one week and will therefore be attending less than four that monthly billing period, I/we can try to have one missed class rescheduled. I/We acknowledge that I must fill out the form at makerkids.com/makeup at least 72h before the class to be missed (or before the start of the class the day of if ill) and MakerKids will contact me/us if they find space. I/We acknowledge that MakerKids cannot provide a refund for missed classes.
I/We acknowledge that I/we are responsible for Participant outside of class. MakerKids is open 15 minutes before and after class. I/We acknowledge that I/we are responsible for escorting Participant inside and outside of the MakerKids facility. I/We acknowledge that MakerKids cannot monitor Participant outside of this 15 minute window before and after class, and MakerKids will not be held responsible for Participant’s actions outside of stated class times.
I/We acknowledge that any behavioural misconduct will result in immediate removal from the Program with no money refunded.
I/We agree that any violation of the rules of MakerKids by the Participant, or any behaviour or health status that puts the Participant or others at physical or emotional risk may result in the dismissal of the Participant from the Program at the sole discretion of MakerKids. I/We agree to accept financial responsibility for any costs incurred should the Participant be sent home or dismissed from the Program for any reason.
I/We understand and agree that the Participant will not attend the Program on any day where s/he feels ill or exhibits any symptoms of COVID-19, including fever, cough, sore throat and shortness of breath. In addition, the Participant will be screened for possible exposure to COVID-19 prior to entry into the Program each day and may be refused entry in the sole discretion of MakerKids staff. Any non-attendance at the Program due to possible symptoms of or exposure to COVID-19 will be credited to the Participant’s account for future programs. Refunds will not be available.
PHOTOS/RECORDINGS
I/We consent to photos and videos of the Participant being captured and displayed at the Program by MakerKids for the purpose of informing parents of the day’s activities and their child's progress. These photos/videos may also be used for promotional purposes for the benefit of MakerKids without compensation.
CANCELLATIONS
I/We acknowledge that the Program may be cancelled if too few people register. I/we will have
the option of the registration being turned into a MakerKids credit, or receiving a refund in full.
I/We acknowledge that MakerKids offers full refunds for any after-school program or birthday party cancellations more than 15 days in advance of the start date. Summer camp cancellation must be done on or before June 15th. After that point refunds are contingent upon MakerKids being able to fill the seat. I/We acknowledge that no refunds whatsoever are offered for same-day cancellations.
I/We acknowledge that if I/we have registered within 15 days before the program start date, MakerKids cannot issue a refund (only credit may apply). I/We acknowledge that to cancel my membership following the 3-month commitment, I/we must contact MakerKids to confirm the cancellation one month prior to the desired final bill.
I/We acknowledge that MakerKids will close to the public for weather emergencies. In the case of weather emergency, MakerKids staff and volunteers may still access the building, but staff will not be on duty, and classes will be cancelled. Closings will be posted online, and I/we will be emailed if our class is affected. MakerKids will attempt to reschedule any classes cancelled due to emergency, but if MakerKids is unable to reschedule or Participant is unable to make the newly scheduled class, the Participant will have the option of your registration being turned into a MakerKids credit, or receiving a refund in full.
I/We acknowledge that MakerKids does not issue partial refunds for plans once participant has begun using paid visits, only a credit can be applied.
I/We acknowledge that Makeup classes must be used or credit issued within 30 days of the missed class.
I/We agree to this Cancellation Policy.
EXCLUSIVE JURISDICTION, APPLICABLE LAW AND CLASS ACTION WAIVER I/We agree that any dispute relating to the Participant’s participation in the Program shall be litigated, if at all, before the Superior Court of Ontario located in Toronto, Ontario. The applicable law to be applied to any dispute shall be the law of the Province of Ontario.
I/We waive any and all rights to participating in a class action lawsuit against MakerKids. SEVERABILITY:
If any provision of this Form is held by a Court to be unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Form shall remain in full force and effect as drafted.
I/WE CONFIRM THAT I/WE HAVE HAD SUFFICIENT TIME TO READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING ALL OF ITS TERMS, THAT I/WE FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT AND HAVE AGREED TO THE TERMS FREELY AND VOLUNTARILY. I/WE UNDERSTAND THAT THIS AGREEMENT IS BINDING ON ME/US, MY/OUR EXECUTORS AND ADMINISTRATORS.
In the space provided below, indicate your acknowledgement and acceptance of all of the above by printing AND signing where indicated:
I understand that by checking the box, I am acknowledging my AGREEMENT TO THE ABOVE THREE PAGES: