Enrichment Masters Parental Terms Of Agreement

This  Enrichment Masters PARENTAL AGREEMENT (“Agreement”) is entered into as of the Effective Date of consent provided hereinbelow by and between VF BUSINESS GROUP INC (“Company”), a Florida Corporation having an office located at 6919 West Broward Blvd. Suite 263, Plantation, FL 33317, and the parent/legal guardian (“Guardian”) whose signature is hereinbelow.

Guardian and Company may be referred to individually as "Party" and collectively as the "Parties."

RECITALS:

WHEREAS, the Company is in the business of providing an Enrichment Masters; and

WHEREAS, Guardian wishes to retain Company to provide such Enrichment Masters for certain minors for which the Guardian signing is responsible.

NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree as follows:

Article 1 - DEFINITIONS:
As used in this Agreement:

A) "Enrichment Masters" shall be used to refer to the EM program for school-aged students (“Minors”) including learning knowledge and skills from a variety of specialized-enrichment programs, as described at https://www.enrichmentmasters.com/emourprograms under the terms and conditions set forth herein:

B) "Commencement Date" shall be used to refer to the date the Company receives the registration form and the payment (i.e. individual or collective aftercare) for the Minor(s) to attend the Enrichment Masters.   

C) "Completion Date" shall be used to refer to the date that the Company will complete or cease the provision of the Enrichment Masters to the associated Minor(s) of the Guardian(s). The Completion Date is currently unknown, and for the purposes of this Agreement, will mean the date in the future that the Company has completed the rendering of all Enrichment Masters to the Minor(s) of the Guardian. 

D) "Fees" shall be used to refer to the payment Guardian will pay the Company for the rendering of the Services. 

Article 2 - INTELLECTUAL PROPERTY:
Any intellectual property belonging to the Company, provided or shown to the Guardian in any way shall belong to the Company.

Students may be photographed, audio recorded, or video recorded for the sole purpose of Enrichment Masters, VF Business Group, Inc., Son Extended, Inc., the Love And Warmth Project promotional materials (including posts on internet platforms) and any such materials shall belong to the Company.

Article 3 - OBLIGATIONS:
3.1 OBLIGATIONS OF THE COMPANY

• The Company shall keep confidential all information of the Student(s) and shall contact other parties only if given permission by the Guardian to do so.
• The Company shall notify the Guardian of schedule changes, class cancellations, upcoming events, and approaching payments via email and text (using Remind.com).  Additionally, the Guardian shall receive photos and video clips (via email and text) of EM sessions and/or performances.
• In the rare event that a student is injured during an EM session, the following measures will be taken:
• Students will be cared for by the Company and the Guardian will be informed of the injury

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3.2 OBLIGATIONS OF THE GUARDIAN

• The Guardian and Students shall adhere to all Enrichment Masters Policies as outlined at on the Enrichment Masters website including, but not limited to: https://www.enrichmentmasters.com/emourprograms   
• The Guardian shall pickup the student (if he/she is not authorized to walk or bike ride home) at the end of the EM session (e.g. at precisely 3pm if he/she is registered for the 2pm session or precisely 4pm if he/she is registered for the 3pm session)
• The Guardian acknowledges that if a student is picked up late (i.e. more than 5 minutes) more than twice, he/she may be discharged from the Enrichment Masters program without a refund
• The Guardian acknowledges that the student's space in an EM session, activity, or event may be forfeited and given to another student if two or more weeks attending the program are missed (i.e. without a payment)
• The Guardian acknowledges that the company and its affiliates and partners (VF Business Group, Inc., Son Extended, Inc., the Love And Warmth Project) are not responsible for a student who is not (i.e. a payment is not made) in one or more EM sessions
• Company  recognizes the importance of activities being conducted in a safe and responsible manner so as to prevent illness or injury to the invitee and others. Guardian agrees and  assumes responsibility for implementing and monitoring all government mandated, industry standard, or reasonably expected Health and Safety precautions related to the Enrichment Masters. Specifically, Guardian agrees that Minors will comply with the school’s COVID policies on-campus and CDC guidelines off-campus.

3.3 OBLIGATIONS OF STUDENTS/MINORS

• Meet the EM Instructor at the designated meeting area on session days and times
• Remain with the EM Instructor and the EM group (not deliberately wonder off) while walking to the area of the EM session, during the EM session, and while leaving the area of the EM session
• Follow the directions (e.g. only playing when instructed) of the EM Instructor while participating in EM 
• Refrain from physically or verbally harming any EM participant (i.e. students, guests, and instructional specialists) at all times
• Participate in all EM session activities (e.g. drumming drills)

Company reserves the right to suspend, discharge, temporarily dismiss, or exclude (from one or more activities) any student who fails to adhere to these expectations.  Additionally, refunds are not issued to students who have been suspended, discharged, temporarily dismissed, or excluded from an activity.

NO WARRANTIES

The Company makes no promises or warranties with regards to the Enrichment Masters and/or the Student's performance as a result of any Services provided.

Article 4 - LIMITATION OF LIABILITY:
4.1 Except in cases of death or personal injury caused by either party's negligence, either party's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Guardian to the Company.

4.2 To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.

4.3 Accident, Medical, and Personal Liability Insurance:

Should medical treatment be required, Guardian agrees that Guardian/Student’s accident and/or medical insurance company shall pay for all such incurred expenses. Should Student’s actions associated with the Services cause injury or damage of any kind, Guardian/Student’s personal liability insurance shall pay for such damages. 

4.4 Covenant Not to Sue.

Guardian agrees, for themself, Minor(s) and all heirs, not to sue Company or initiate or assist in the prosecution of any claim for damages or cause of action against the Company which they or their heirs may have as a result of any personal injury, death or property damage they may sustain while participating in the Enrichment Masters.

Article 5 - INDEMNITY:
5.1 Guardian hereby agrees to indemnify, defend and hold harmless, the Company and its directors, managers, officers and employees, contractors, successors, assigns, and agents (the “Indemnitees”) against any and all damage, liability, and loss, as well as legal fees and costs incurred, as a result of the Services rendered under this Agreement or any transaction or matter connected with the Services or the relationship between Company and Guardian. This clause shall not be read to provide indemnification for any Party in the event that a competent court of law, rendering a final judgment, holds that the bad faith, gross negligence, or willful misconduct of the Party caused the damage, liability, or loss.

Article 6 - RELATIONSHIP OF THE PARTIES:

The Parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the Parties and that this Agreement is for the sole and express purpose of the rendering of the specific Services by the Company to the Guardian under the terms and conditions herein.

Article 7 - GENERAL PROVISIONS:

7.1 Severability.  If a court of competent jurisdiction holds any term or provision of this Agreement invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement.

7.2 Modification, Waiver.  No oral modifications shall be effective and no delay or failure to insist on strict performance with any provision shall constitute a waiver of the right to enforce such provision. This Agreement (i) shall constitute the entire agreement between the parties with regard to the subject matter hereof, and no modification, amendment or waiver shall be binding without the written consent of the parties hereto.

7.3 Binding Effect.  This Agreement shall be binding upon the parties hereto and their respective successors, assigns and legal representatives.  The Guardian may not assign or delegate any  rights, responsibilities or obligations under this Agreement. 

7.4 Choice of Law and Venue.  This Agreement, and the interpretation of its terms and conditions, shall be governed and construed in accordance with the laws of the State of Florida and both parties consent to jurisdiction and venue of the U.S. federal or state courts within the State of Florida and waive any objections thereto, including under any arguments of forum non conveniens. 

7.5 Dispute Resolutions. The parties agree that they will attempt to settle any claim or controversy arising out of this Agreement through consultation and negotiation in good faith and spirit of mutual cooperation.  When a dispute arises, the dispute will be submitted in writing to the other party for resolution. If the parties are unable to resolve the dispute within fifteen (15) days, either party may refer the dispute to mediation, the cost of which will be shared equally by the parties, except that each party will pay its own attorney's fees.  Within fifteen (15) days after written notice demanding mediation, the parties will choose a mutually acceptable mediator.  Neither party will unreasonably withhold consent to the selection of the mediator. If the dispute cannot be resolved through mediation within forty-five (45) days, either party may submit the dispute to a state or federal court of competent jurisdiction in the State of Florida, U.S.A.  Use of any dispute resolution procedure will not be construed under the doctrines of laches, waiver, or estoppel to adversely affect the rights of either party.  Nothing herein prevents either party from resorting to judicial proceedings if the dispute is with respect to Intellectual Property Rights, or interim relief from a court is necessary to prevent serious and irreparable injury to a party or others. 

7.6 Notices.  Any notice or other communication required or permitted hereunder shall be given in writing to the other party at the address stated herein or at such other address as shall be given by either party to the other in writing.  Such notice shall be deemed to have been given or made when delivered personally, via email, via facsimile or any delivery service having a delivery receipt.

7.7 Force Majeure:  The Company will not be liable for failure to timely perform under this Agreement to the extent that its performance is delayed by a force majeure event when the cause is beyond the Company’s reasonable control, without the Company’s fault or negligence, and which could not have been avoided by the Company’s use of due care.  Such events include, but are not limited to:  acts of God including hurricanes, tornadoes, earthquakes and floods; acts of terrorism; civil unrest; interference by civil or military authority, including war and embargoes; fires; epidemics or pandemics; and labor strikes (other than labor  strikes with the work force of the delayed party). 

CONSENT TO USE OF ELECTRONIC RECORDS AND SIGNATURE

This Agreement may be executed by providing an electronic signature under the terms of the Electronic Signatures Act, 15 U.S.C. § 7001 et. seq., and may not be denied legal effect solely because it is in electronic form or permits the completion of the business transaction referenced herein electronically instead of in person.

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND ON MY OWN BEHALF, ON BEHALF OF MINORS FOR WHICH I AM RESPONSIBLE, MY SPOUSE, HEIRS, AGENTS, REPRESENTATIVES, RELATIVES, SUCCESSORS, AND ASSIGNS.