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Contract Review

SERVICES AGREEMENT

EDUCATIONAL MASTER SERVICES AGREEMENT

 

Introduction

 

1. This Education Master Services Agreement (the “Agreement”) details the services provided by DreamRoads, LLC, a limited liability company located at 9719 E. West View Dr., Scottsdale, AZ, 85255 (“DreamRoads”).  DreamRoads creates and provides one or more educational and personal development curricula, courses, and programs (the “Courses”). The Courses are designed to provide young people with personal development and college/career readiness skills. 

 

Location, Dates, and Courses

 

2. The Parent/Guardian desires to enroll his/her student(s) in the DreamRoads Courses to be held June 10-June 21, 2019 located at Windgate Ranch Clubhouse 100059 E. Windgate Ranch Road Scottsdale, AZ 85255 and agrees to be bound by the terms and conditions listed herein. 

 

Fees and Cancellation

 

3. In consideration for creating the Course and Course Materials, and providing the Services under this Agreement, the Parent/Guardian shall pay to DreamRoads the fee listed on the DreamRoads Registration Form, which may include any applicable promotional discounts (“Service Fee”). Minimum registrations may apply. DreamRoads maintains a “No refund policy” after the final add/drop date for the Course(s), unless DreamRoads cancels the Course(s). The final add/drop date is May 15, 2019. Any cancellations shall be sent through email to info@dreamroads.com. 

 

Student Supplies

 

4. All students must bring the following to each Course each day.  Each item listed below is per student. Student siblings and/or friends may not share. If a student does not come to each Course with the required materials, her/his parents may be called to pick up the student.  

  • One Tablet or laptop with WiFi capabilities, a built in camera, microphone, and battery power to last at least 4 hours;

  • One 12 oz or larger refillable water bottle with lid and with student’s name on it;

  • One Snack (Due to the prevalence of nut allergies, absolutely no snacks with nuts are allowed);

  • Five Pens/pencils;  

  • One Notebook;  

  • One package of lined filler paper;

  • One bottle of Sunscreen; and

  • One Hat.

 

Student Rules and Parent/Guardian Representations and Warranties

 

5. All students must remain in the designated areas, as stipulated by DreamRoads staff, at all times. 

 

             6. Medical Emergency. There will not be a nurse or other medical person available on-site during Course hours.  In the event of a medical emergency (as determined in the sole discretion of DreamRoads staff), the undersigned Parent/Guardian of the student(s), hereby grants authorization to DreamRoads, and its representatives, to employ any legally licensed physician or health care facility on behalf of each of the undersigned, and to direct and/or order emergency medical treatment for the student(s). Each of the undersigned further agrees that neither DreamRoads nor any of its representatives shall be liable under any circumstances to anyone for exercising the foregoing authority in the event of an emergency, including any associated medical or other costs. 

 

7. Medications. The Parent/Guardian certifies that the student(s) does not need any prescription or over the counter medication to be taken during attendance at the DreamRoads Course.  If the student(s) require any prescription or over the counter medication to be taken during attendance at the DreamRoads Course, the Parent/Guardian shall administer the medication directly to the student during Course hours. Students shall not bring any prescription or over the counter medication to any DreamRoads courses. DreamRoads staff shall not administer any medication, whether prescription or over the counter, to any student(s).  

 

            8. Cell Phones. All student cell phones must be turned off or set to silent during Course time. Any student using a cell phone during Course time may be requested to place his/her cell phone with the Teacher or be removed from the Course. In the case of an emergency during Course time, the Parent/Guardian may contact Andrea Keck with DreamRoads at 480-620-8157.  

 

             9. Code of Conduct. All students must adhere to DreamRoads’ Student Code of Conduct. All students and Parent/Guardians shall agree to: (1) no drugs, alcohol, nicotine, cigarettes, vaping cigarettes, or other controlled substances are allowed at any time on or near any DreamRoads Course locations; (2) no bullying, hazing, intimidating, taunting, or other inappropriate behavior directed at other students, Coaches, administration, or staff; (3) no unauthorized touching or handling of another student’s body or property at any time; (4) no plagiarism, lying, falsifying information, forgery, or other instances of academic dishonesty; (5) no disruptive behavior that hinders or obstructs the teaching of Courses or meetings with the Coaches; (6) no weapons, of any kind, are allowed at any time on or near any DreamRoads Course locations; (7)   no behavior that, in the reasonable opinion of DreamRoads staff or Coaches, puts the student, other students, DreamRoads staff, the Coaches, or the property at risk. In addition to other disciplinary measures imposed, violation of any of the provisions of this Section may result in a student being dismissed from the Course. In the case of removal due to Code of Conduct violations, the Parent/Guardian shall not be refunded any Service Fees.  

 

            10. Coaching. All Coaching takes place online through videoconferencing.  All Coaching sessions are recorded and archived.  Students may be asked to do some additional online DreamRoads coursework and/or to complete individualized Action Steps they outline for themselves during the month prior to a Coaching session.  It is the responsibility of the Parent/Guardian to ensure that their child(ren) completes the necessary work prior to each coaching session in order to make the coaching session effective and productive. 

 

11. Communication with Students. All communications between DreamRoads staff and Coaches to students will take place via email from the DreamRoad’s staff and Coaches’ to the Parent/Guardian’s email account.  All such emails will be archived by DreamRoads.  Students and DreamRoads staff or Coaches are not permitted to email using the student’s personal email address, or communicate through Facebook, Instagram, or any other social media platforms.  If a response is required from the student, it is the Parent/Guardian’s responsibility to ensure that the student responds in a timely manner. 

 

12. Parent/Guardian understands and acknowledges that participation in DreamRoads activities does not guarantee a student will show improvement in school or personal life, or become a better person, obtain employment, etc. Each student will get out of the program what they are willing to put into it.

 

13. Student Drop-Off/Pick-Up. All students shall arrive no earlier than 15 minutes before Course is scheduled to begin each Course day. All students must be picked up no later than 15 minutes after Course ends each Course day. Any student who is consistently dropped off or picked up beyond 15 minutes may be charged a rate of $25.00 per violation. Students shall sign in upon arrival and sign out upon departure with their name, date, time.  Parent/Guardian shall be responsible for student(s) pick up and drop off each Course day and shall release DreamRoads from any and all liability related to the arrival or departure of the student(s). 

 

Intellectual Property

 

14. DreamRoads reserves the right to use photography or videography taken during a DreamRoads Course without the expressed written permission of the subjects included within the photograph or video, or those whose work product is represented in the photograph or video. Photographs may be used in publications or other media material produced, used or contracted by DreamRoads including but not limited to: books, catalogues, search pieces, newspapers, magazines, television, websites, etc.  If identified, students will only be identified by their first name, not their last name.  All Parents/Guardians must sign the separate DreamRoads Personal Information Release Form for each child participating in a DreamRoads Course. 

 

15. All property created and/or delivered by DreamRoads shall remain the exclusive property of DreamRoads, including, but not limited to, all patents, trademarks and copyrights in the Courses and Course Materials, program structure, student work, and courses.  Neither the Parent/Guardian nor the student shall have the right to transfer any intellectual property belonging to DreamRoads. The Participant/Guardian agrees to indemnify, defend, and hold DreamRoads harmless against third party claims or actions for infringement. The Parent/Guardian and student(s) agree to hold all DreamRoads information confidential, during and after the term of this Agreement, andwill not disclose any such confidential information to any third party. DreamRoads further maintains the exclusive right to all course work and creations of all students. Copies of such course work may be used in any way, including marketing on social media, websites, and any other forum. DreamRoads acknowledges and agrees to only use the student’s first name in any accreditation designations.  

 

Release of Liability, Waiver of Claims, and Indemnity

 

12. In consideration for being permitted to participate in the above described Courses and related activities, the Parent/Guardian hereby agrees, acknowledges, and appreciates that:

 

a. PARENT/GUARDIAN HEREBY RELEASES, DEFENDS, AND HOLDS HARMLESS DREAMROADS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER CAUSED BY DREAMROADS’ NEGLIGENCE OR OTHERWISE.

 

b. The Parent/Guardian further agrees to release DreamRoads, its officers, directors, employees, representatives, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that Parent/Guardian, the student(s), the estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of DreamRoads or otherwise. By agreeing to  this document, the Parent/Guardian agrees to hold DreamRoads harmless and defend and indemnify it in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of their  child(ren) engaging in the above activities.

 

c. By agreeing to this Agreement, Parent/Guardian and student(s) agree to release, hold harmless, and waive Windgate, and First Service Residential, as well as its officers, directors, employees, agents, successors in interest or assigns from any liability for personal injury which participant may sustain during this Course. Parent/Guardian and student(s) certify that students are in good health and able to participate in this Course.

 

d. Parent/Guardian acknowledges and agrees that he/she has read, understands, and agrees to DreamRoads Terms of Use wPrivacy Policy,   Personal Information and Photo/Video/Work Product Agreement, and Student Code of Conduct.

 

 

13. This Agreement and the obligations arising under it will be governed by the laws of the Arizona. The Parent/Guardian agrees that resolution of disputes or claims arising under this Agreement shall be resolved first by good-faith participation by each of the Parties in mediation utilizing qualified mediators who are mutually agreed upon by the Parties. If the dispute is not resolved through mediation within thirty (30) days from the date that either Party makes a written demand on the other Party to enter into mediation, and in the absence of a mutual agreement to enter into binding arbitration with an arbitrator mutually agreed upon by the Parties, either party shall have the right to bring a judicial action to resolve the dispute through the filing of an action with the court in Scottsdale, Arizona. The prevailing party in any action shall be awarded attorneys’ fees. Parent/Guardian acknowledges and agrees to bring any claim for any action within thirty (30) days of the last day of the DreamRoads Course. 

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