AGREEMENT AND RELEASE
By registering for programs at State of Kid, located at 151 NE 41st Street, Suite 219, Miami, FL 33137 (the “Facility”), the parties hereto agree to the following terms and conditions of the Facility.
Definitions. Whenever State of Kid Inc., (referred to as “SOK”) is used herein it refers to SOK’s owners, agents, servants, employees, insurers, and successors. Whenever “Client” is used herein it refers to the individual participating in the class, inclusive of the child, parent, guardian and/or caregiver.
Waiver and Release of Claims. In consideration for use of the Facility, the Client, on behalf of the Client and the Client’s child, waives and releases SOK and assigns, from all claims, demands, causes of action, damages or suits at law and equity of whatsoever kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of the Client’s, the Client’s child’s, or caregiver’s, participation in a program or a presence at the Facility, except as such may arise out of SOK’s intentional conduct.
The Client hereby acknowledges, agrees, and accepts the risk of injury and illness involved in participating in SOK activities. Such risks may include but are not limited to injuries from falling, bumping, abrasions, scrapes, cuts, burns, broken, sprained or bruised limbs, as well as risks from the actions or omissions of others. Such risks may also include illnesses and conditions transferable between persons.
Acknowledgements. The Client recognizes that SOK’s Facility is not supervised, and the Client and the Client’s child understand that the use of the Facility (including premises and equipment) is entirely at the Client’s risk. The Client understands that SOK is not responsible for any lost or stolen valuables or property from within the Facility. While at the Facility, the Client agrees to conduct itself in a responsible manner and will refrain from engaging in inappropriate conduct, including the use of loud, foul, slanderous language or any intimidating or offensive conduct that would interfere with the peaceful use and enjoyment of the Facility by other users. The Client acknowledges that he/she has received and read the “Facility Rules” below. The Client agrees to fully comply with all rules and regulations and with any amendments.
Health and Safety. The Client registers understanding the risks and benefits of physical activity and affirms that all family members participating are in condition to attend class. SOK does not have medical staff available and cannot provide emergency or other medical treatment. The Client should not attend or bring Client’s child to the Facility when ill. The Client should bring child to Facility only if child is up to date on vaccinations per the CDC immunization schedule. SOK reserves the right to restrict admission and/or send the Client’s child home, when, in SOK’s opinion that child is ill or risks the health or well-being of other children.
Parent/Caregiver Presence: While present at SOK or participating in SOK classes and programs, the Client assumes full responsibility for the conduct of the Client, the Client’s child(ren), and
any other caregiver in attendance. The Client is responsible for his/her child’s supervision and safety while in class, unless such activities are supervised by SOK as part of a designated drop-off class where the Client is not present. All other classes for children require the Client’s presence in class or on the premises.
Drop-Off Classes. If the Client’s child is being dropped off for class, the Client must stay within the Design District. The Client is responsible for providing a cell phone number for the Client or caregiver staying within the Design District in case of emergencies. Children enrolled in drop-off classes and programs must be escorted to and from the Facility’s classroom by the Client or caregiver. Please check with SOK staff to coordinate on pick up time. The Client is responsible for feeding the Client’s child and having the Client’s child use the restroom prior to start of class time to the best of the Client’s abilities.
Cancellation / Refunds. Any cancellation made by 5PM EST the day prior to the Client’s scheduled class will be credited back to the Client’s account. Any cancellation made after 5PM EST the day prior to the Client’s scheduled class will result in Client’s forfeiture of one credit of the applicable class pack. The Client may cancel class by calling or emailing SOK. At SOK’s own discretion, SOK reserves the right to cancel or modify classes and programs, and/or make changes to instructors and staff. In such instances SOK will so notify Client and soon as is practicable.
Force Majeure. Except where otherwise expressly stated in this Waiver & Release of Claims, we regret we cannot accept liability or pay any compensation where the performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage, loss or expense as a result of "force majeure." In this Waiver & Release of Claims, "force majeure" means any event or circumstances which we could not, even with all due care, foresee or avoid. Such events are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, epidemic, and all similar events or circumstances outside our control or the control of the supplier concerned.
Medical and Contact Information. It is the Client’s sole responsibility to ensure that SOK has correct and current contact information for purposes of inquiries regarding the Client’s child, medical emergencies, or non-medical emergencies. The Client shall promptly notify SOK if there has been any change in mailing address, telephone number, email address, billing information, medical information, authorized caregivers, and emergency contact information.
Photo Release. The Client expressly agrees that SOK may use photos taken of the Client or the Client’s child(ren) for archival, promotion and publicity purposes.
Newsletter. As a SOK class participant the Client will be added to our e-newsletter list so that we can keep the Client updated on SOK’s latest offerings, discounts and events.
Affirmation. The Client has read these Terms and Conditions and affirms that by registering for programs at SOK the Client consents to be bound by its terms, including the waiver/release of any legal right the Client may have against SOK for any claim or legal action as set forth above. The Client acknowledges that violation of the Terms and Conditions or the Facility Rules below, as determined by SOK, may result in Client’s removal from the Facility.
SOK maintains the right to update and change these Terms and Conditions or the Facility Rules at any time. Classes, operating hours, class times and staff are subject to change without notice.
- Use. The Client and the Client’s child shall use the Facility's classroom for scheduled classes. The Client and the Client’s child shall not misuse or use the Facility and related equipment in any manner that will cause damage. The Client and the Client’s child shall not install, nor tamper with or remove, any equipment in the Facility. No person may use the Facility’s classroom without registering. Guests are not authorized to use the Facility’s classroom. The Client may not grant access to the Facility’s classroom(s), nor permit the Facility’s classroom to be used by any unauthorized persons. SOK reserves the right to restrict access to the Facility to anyone who does not abide by the Facility Rules.
- Clothing. The Client and the Client’s children and must wear socks in the Facility. All shoes/sneakers must be removed upon entering the classroom.
- Conduct. The Client and the Client’s child(ren) shall behave and conduct themselves in ways that do not threaten the health, well-being, and full enjoyment of the classes and programs by other Clients. Any conduct that unreasonably interferes with the use or enjoyment of the Facility is strictly prohibited. Any conduct that unreasonably interferes with normal, safe, orderly and efficient operation is strictly prohibited. Should the Client feel that an activity/toy/prop or play set is not appropriate for the Client’s child(ren), the Client should NOT participate or allow the Client’s child(ren) to use the toy/prop or play set or participate
- Smoking. Smoking of any kind, or use of tobacco products, on the premises is strictly prohibited.
- Solicitations and Petitions. Solicitation for the sale of any product or service, or for charitable contributions, and petitions of any kind, are strictly prohibited.
- Food and beverage. Food and beverages may not be brought into the Facility for consumption, except for bottled water or baby bottles.
- Notices, Complaints or Suggestions. The Client must immediately notify SOK if it discovers unsafe or hazardous defects or conditions relating to the Facility or equipment. Complaints or suggestions regarding the operation, maintenance, services and equipment at the play space should be directed to SOK management.
- Maintenance. No Client may leave litter, trash, debris or articles of clothing at the Facility. The entry door must be kept closed at all times. Strollers must be parked in designated stroller parking areas.