Enrollment Agreement and Parental Waiver and Release of Liability

I. Parental Waiver and Release of Liability

This Enrollment Agreement and Parental Waiver and Release of Liability (“Enrollment Agreement and Release”) must be completed by the parent or legal guardian (“Parent”) for individuals under the age of 18 (“Minor Child”), who desire to participate in any activities or programs offered or provided by Next Level Kidz, as defined below, including but not limited to STEAM or sports classes and instruction programs, after school care programs, birthday parties, parents’ night out events, little champs programs, and/or camps (the “Activities”). For purposes of this Enrollment Agreement and Release, the term “Next Level Kidz” shall mean collectively Next Level Kidz, Inc., Next Level Kidz Holding LLC, Next Level Kidz Franchise LLC, and each of its present and future subsidiaries and affiliated companies. By signing below, whether in hard copy original or electronically, Parent represents and warrants that Parent has the authority to execute this Enrollment Agreement and Release on behalf of all Minor Children he or she is enrolling in Next Level Kidz Activities, is legally competent to sign this Enrollment Agreement and Release, and is executing this Enrollment Agreement and Release of Parent’s free will, having carefully read and understood the terms.

1. Rules

I, as Parent, understand that any failure on my part or on the part of my Minor Child(ren) to abide by any Next Level Kidz rules and regulations may result in the revocation of my and/or my and my Minor Child(ren)’s privileges to participate in the Activities offered by Next Level Kidz.

I, as Parent, understand that it is my responsibility to make my Minor Child(ren) aware of the rules and regulations of Next Level Kidz and any facility affiliated with or utilized by Next Level Kidz, including those posted throughout the facility and/or those contained in this Enrollment Agreement and Release.

I, as Parent, understand that I am fully responsible for any and all actions and conduct of my Minor Child(ren) while participating in the Activities or during Transportation or while otherwise on the premises of Next Level Kidz or any facility affiliated with or utilized by Next Level Kidz.

2. Transportation Agreement

I, as Parent, grant permission for Next Level Kidz to transport my Minor Child(ren) to and/or from Next Level Kidz’s facility located at 1466 N. Dobys Bridge Rd. Fort Mill, SC 29715 and/or any facility affiliated with or utilized by Next Level Kidz for purposes of my Minor Child(ren) participating in Activities in a vehicle owned or operated by Next Level Kidz (“Transportation”).

3. Swim Agreement

I, as Parent, grant permission for my Minor Child(ren) to participate in programs, classes, instruction, parties, events, and/or activities offered by Next Level Kidz that are located at, near, or in a pool or other body of water including but not limited to swim lessons and swim programs (“Swimming”).

4. Acknowledgement of Risk, Release of Liability, Covenant Not to Sue, and Indemnification

PLEASE READ CAREFULLY AND THOROUGHLY

ACKNOWLEDGEMENT OF RISKS: I, as Parent, expressly acknowledge the inherent risks in my Minor Child(ren)’s engagement in Activities, Swimming, and Transportation and fully recognize and appreciate the possibility that my Minor Child(ren) may suffer injury or death related to the Activities, Swimming, and/or Transportation. I, as Parent, acknowledge that on behalf of my Minor Child(ren) that I have full knowledge of the nature and extent of all risks associated with the Activities, Swimming, and Transportation in which I choose to allow my Minor Child(ren) to participate.

ASSUMPTION OF RISKS: I, as Parent, expressly assume all risks and/or liability related to any personal and/or bodily illness, injury or loss to my Minor Child(ren), which may occur on the premises of any facility affiliated with and/or utilized by Next Level Kidz or during the Activities, Swimming, and/or Transpiration. I, as Parent, also expressly assume all risks and/or liability related to any theft, destruction, loss, damage to and/or diminishment in value to my Minor Child(ren)’s personal property, including but not limited to personal clothing, footwear, backpack, jewelry, cosmetics, cash currency, smart phone, tablet, laptop, bicycle and/ or automobile (“Personal Property”), which may occur on the premises of any facility affiliated with and/or utilized by Next Level Kidz or during the Activities, Swimming, or Transportation.

RELEASE OF LIABILITY AND COVENANT NOT TO SUE:

In consideration of Minor Child(ren) being permitted to engage in Swimming, Transportation, and the Activities in which the Minor Child(ren) is enrolled and to use the facilities affiliated with and/or utilized by Next Level Kidz and the benefits conferred to the Parent and Minor Child(ren) from said use, Parent does hereby expressly forever release, covenant not to sue, and discharge Next Level Kidz and its owners, members, subsidiaries, affiliates, investors, officers, managers, employees, servants, agents, and insurers, including but not limited to Next Level Kidz Inc., Next Level Kidz Holding LLC, and Next Level Kidz Franchise LLC and each of their owners, members, subsidiaries, affiliates, investors, officers, managers, employees, servants, agents, and insurers (“Next Level Kidz Released Entities”) from any and all claims, demands, injuries, damages, expenses, attorneys’ fees, costs, actions or causes of action, legal or equitable, related to any action, inaction and/or omission of the Next Level Kidz Released Entities arising out of or connected with my Minor Child(ren)’s participation in Swimming, Transportation and/or any Activities and/or loss of or damage to Personal Property. Parent expressly agrees that the Next Level Kidz Released Entities shall not be liable whatsoever or in any respect for any claims, demands, injuries, damages, expenses, attorneys’ fees, costs, actions, or causes of action, legal or equitable, arising out of or connected with my Minor Child(ren)’s participation in Swimming, Transportation and/or any Activities and/or for my Minor Child(ren)’s loss of or damage to Personal Property.

INDEMNIFICATION AND HOLD HARMLESS: I, as Parent, expressly agree to indemnify and hold harmless the Next Level Kidz Released Entities from all liability, claims, demands, injuries, deaths, damages, expenses, attorneys’ fees, costs, action, or causes of action, legal or equitable, arising out of or connected with my Minor Child(ren)’s participation in Swimming, Transportation, and the Activities and/or Minor Child(ren)’s actions or conduct while on the premises of any facilities affiliated with and/or utilized by Next Level Kidz. Parent’s agreement to indemnify and hold harmless the Next Level Kidz Released Entities applies to Swimming, Transportation, and any of the Activities whether caused by the negligent act or omission of the Next Level Kidz Released Entities or other third party.

II. Enrollment Terms and Conditions

1. Medical Emergency

I, as Parent, agree that my Minor Child(ren)’s medical information as provided to Next Level Kidz by Parent through the Brightwheel app is complete and accurate. I, as Parent, give permission for Next Level Kidz to seek emergency care for my Minor Child(ren) in the case of my absence, including by taking my Minor Child(ren) to the hospital.

2. Enrollment and Class Confirmation

You will receive an enrollment acknowledgement via email within three (3) days of enrolling in an Activity. Meals are not included in the tuition fee; snacks will be provided if specified.

If the Activity for which you registered is full or has been rescheduled, notification of the change in class status will be sent via email and updated on the nextlevelkidz.com website.

3. Student Substitutions

Student substitutions are not permitted.

4. Cancellations and Refunds

To cancel your Minor Child(ren)’s enrollment in an Activity, notice of fourteen (14) calendar days, or more, prior to the Activity start date must be given. Refunds, upon request, will be provided for cancellations of an enrollment fourteen (14) calendar days, or more, prior to the Activity start date, subject to a $50.00 administration fee.

Cancellations that occur thirteen (13) calendar days, or less, prior to the Activity start date will result in a forfeiture of all enrollment fees.

No Activity credits, transfers, or refunds will be made other than as specified in this document.

5. Student Partial Attendance

Full attendance in the Activity for which your Minor Child(ren) is enrolled is required for the Minor Child(ren) to receive a class completion certificate, where applicable. In case of illness or unavoidable emergency that results in partial attendance, make-up time may be scheduled on a space-available basis at the sole discretion of Next Level Kidz by calling our office administrator.

6. Student No-Show

If a Minor Child(ren) fails to attend an Activity for which that Minor Child(ren) is enrolled, the full tuition fee for that Activity remains due and payable. No credit will be issued under these circumstances.

7. Class Rescheduling

If a minimum number of enrollees is not met for an Activity, Next Level Kidz, at its sole discretion, has the right to cancel that Activity. In the event of a cancellation, you will be notified via email two (2) days prior to the Activity start date and you will receive a full refund for any amounts previously paid for that Activity. In the alternative, you may choose to apply a credit in the amount previously paid for that Activity to a different Activity.

8. Credit Card Processing and Fees

Credit card payments will be charged at the time of enrollment. A $35 Non-sufficient funds (NSF) fee will be charged for any returned check. This NSF fee must be paid in full before your child may participate in any Activity.

In the event a payment is three (3) or more calendar days late, you will be charged with a $35 late fee.

9. Release/Pick-Up

Prior to the Minor Child(ren)s’ first Activity Next Level Kidz requires Parent to download and utilize the Brightwheel app and through the app to provide Next Level Kidz all required information, including but not limited to the identification of all individuals who are permitted to pick up the Minor Child(ren) at the conclusion of any Activity. Next Level Kidz may require any individual authorized to pick up the Minor Child(ren) to provide proof of identification before Next Level Kidz releases the Minor Child(ren).

Your Minor Child(ren) must be picked up from their Activity at the dismissal time listed in the email confirming registration for your Minor Child(ren)’s Activity. A late pick-up penalty will be imposed if your child is picked up after the designated dismissal time, which penalty may be waived at the sole discretion of Next Level Kidz for the first instance of tardiness and in cases of emergencies. The late pick-up penalty fee will be $2 per minute, after five minutes past the dismissal time. This fee will be charged directly to your account.

10. Non-Discrimination Policy

Next Level Kidz does not discriminate against individuals based upon race, sex, creed, national origin, religion, political beliefs, or those with disabilities.

11. Intellectual Property

By registering for our Activities, you and your Minor Child(ren) agree and acknowledge that our training materials are protected by U.S. and international copyright laws. Therefore, you and/or your Minor Child(ren) cannot reproduce, distribute, create derivative works of, or publicly display/perform such materials. In addition, you and your Minor Child(ren) agree not to use the company’s training materials, including, but not limited to, the concepts and ideas expressed in the training, to create a competing product or service.

As part of some of Activities, students will learn how to create videos and other creative content. I understand that, when created at Next Level Kidz or during an Activity, any such creative content belongs to Next Level Kidz and can be used, promoted, and monetized by Next Level Kidz.

12. Photo/Video Release

You, as Parent, understand that Next Level Kidz may photograph or video record my Minor Child(ren) during Activities. By registering my Minor Child(ren) for any Activities and permitting them to participate in the Activities, you grant permission for Next Level Kidz to use those photographs and/or videos in their publications and media sources.

If you, as Parent, would like to opt-out of this Photo/Video Release, you must request as much in writing delivered to Next Level Kidz at 1466 N. Dobys Bridge Rd. Fort Mill SC 29715 at least seven (7) days prior to the start of the Activity in which you have enrolled your Minor Child(ren). No such opt-out is effective until agreed to in writing by the director of Next Level Kidz Inc.

III. Privacy Policy

Your privacy is important to Next Level Kidz. As the owner and operator of the Next Level Kidz application and the Next Level Kidz website (www.nextlevelkidz.com), Next Level Kidz is committed to protecting your personal and corporate information. In this policy, we are letting you know about the ways we collect and use your information, so you can make an informed choice regarding whether you will use the Next Level Kidz application and website and whether you will create a Next Level Kidz online account (“Account”). By creating an Account, you consent to the terms of this policy.

1. What information do we collect?

When you create an Account we collect your name, email address, IP address, and other information necessary to process your transaction.

We collect non-identifiable personal information through the use of “cookies.” A cookie is a small data file that a website can transfer to your hard drive through your browser. The cookie is then stored on your computer as an anonymous tag. You can set your browser to notify you if cookies are received. If you choose to set up your browser to not accept cookies, you will not be able to create an Account.

We use cookies to compile aggregate data about site traffic and site interaction so we can optimize our website and create a better user experience for you.

We may collect some other personally identifying information about your transaction in a non-identifiable format and combine it with other non-identifiable information, to be analyzed only at an aggregate level. We will use anonymized data from your Account to improve the service for all customers. We will not use the content you post except to internally improve our systems.

2. How do we use your information?

We use your name and email to send you periodic emails, including email newsletters, occasional business announcements, and product updates.

If you have a paid Account subscription, we may use your credit card to process your transaction, if you have provided one. We may use your email to contact you about your Account, receipts and invoices.

3. Do we respond to “Do Not Track” signals?

“Do Not Track” is a privacy setting you can change in your website browser, so your activities cannot be tracked from website to website. We do not respond to “Do Not Track” signals in browsers because we do not track your activities across different websites.

4. How do you unsubscribe from emails?

You must maintain a working email address associated with your Account so you can receive email communications about your Account. However, if at any time you would like to unsubscribe from receiving promotional emails, you can opt-out by unsubscribing at the bottom of any promotional email we send to you.

5. How do we protect your information?

We use various security measures to maintain the safety of your personal information, including hosting your data on a secure server and/or third-party password-protected, secure service. Any third-party secure service we use will keep your information confidential, will not sell or share your information and will not contact you directly. Billing and payment data are encrypted whenever transmitted or received online.

6. Do we share your information?

We share information with specific third parties who assist us in taking care of you (such as the password protected, secure services referenced above), who agree to keep your information confidential. We will also release your information as required by law or if necessary, to protect our legal rights, to comply with a judicial proceeding or court order, to prevent abuse of Next Level Kidz, or to prevent threats to others or illegal activities.

We have no control over how any social media platforms collect or use your identifying information that you supply to them. Please refer to the privacy policies of those companies for more information about how they use your information.

7. Other

Circumstances may arise where we decide to sell, buy, merge, or otherwise reorganize our business in the United States, or elsewhere, or where we may decide to share, rent, buy or sell business assets for the purpose of reorganizing, developing, or expanding our business. It is our policy to seek appropriate protection for your information in these types of transactions. In the event that our entire company or the Next Level Kidz application asset is acquired, customer identification will be one of the transferred assets.

INFORMATION REGARDING CHILDREN: We do NOT collect any information from anyone under thirteen (13) years of age. The Next Level Kidz website and application and Accounts are not directed to people who are under thirteen (13) years of age. Please notify us at info@NextLevelKidz.com if you are a parent whose child has provided us with personally identifying information, and we will delete such information from our files.

IV. Miscellaneous

1. Waiver

It is understood and agreed that no failure or delay of Next Level Kidz or any party to this Enrollment Agreement and Release, in exercising any right, power, or privilege provided under this Enrollment Agreement and Release, shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any right, power, or privilege provided under this Enrollment Agreement and Release.

2. Governing Law

This Enrollment Agreement and Release shall be governed by the laws of the State of South Carolina.

3. Enforcement

If any provision of this Enrollment Agreement and Release is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect, and the provision held invalid or unenforceable shall be deemed modified so as to give the provision the maximum effect permitted by applicable law.

4. Attorneys’ Fees

In the event Next Level Kidz or any party to this Enrollment Agreement and Release institutes legal proceedings for breach of or interpretation of this Enrollment Agreement and Release, the party against whom a judgment is entered will pay all reasonable costs and expenses relative thereto, including reasonable attorneys’ fees of the prevailing party at pre-trial, trial and all appellate levels.

5. Legally Binding Contract

You acknowledge that it has been explained to you that this is a legally binding and enforceable contract.

6. Contract Modification

This Enrollment Agreement and Release may be amended, modified or rescinded, or any rights hereunder waived, only by written agreement signed by you and Next Level Kidz.

7. Arbitration

You agree that any dispute, controversy, or claim, including any bodily injury or personal injury claim, arising out of or relating in any way to the Enrollment Agreement and Release, including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of this Enrollment Agreement and Release, shall be exclusively resolved by binding arbitration of a single arbitrator administered by the American Arbitration Association under its Commercial Arbitration Rules. The place of the arbitration shall be in Fort Mill, South Carolina or in the city of the Next Level Kidz’s location that your Minor Child(ren) attends. In the event of a claim arising out of or relating in any way to the Enrollment Agreement and Release, the complaining party shall notify the other party in writing thereof through a demand for arbitration which shall be made within a reasonable time after the claim has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the claim. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall also apply to any dispute, controversy, or claim between you and any third party with whom Next Level Kidz contracts in order to perform its obligations or exercise its rights under this Enrollment Agreement and Release, including without limitations, its third party payment processor.

YOU UNDERSTAND AND AGREE THAT YOU AND NEXT LEVEL KIDZ ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT. NEITHER YOU NOR NEXT LEVEL KIDZ SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

You, as Parent, acknowledge that you have read and understood the terms and conditions of this Enrollment Agreement and Release, and that you and your Minor Child(ren) agree to be bound by such terms and conditions.

If there are any questions regarding the Term & Conditions or Privacy Policy, please direct them to info@NextLevelKidz.com

Thank you for your business, and we look forward to serving you!

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September 26, 2022 1:53 pm EDT

Enrollment Agreement and Parental Waiver and Release of Liability Uploaded by Brad Teaver - Info@NextLevelKidz.com IP 208.104.68.112