Upon registration, the Parent/Guardian is required to submit information to Future Genius about the Participant, including allergies, illnesses, medications (prescribed and over-the-counter), dietary restrictions, emergency contact information, gender, and date of birth. The Parent/Guardian will also provide the names and contact information for a primary and secondary contact person in case of emergency. The Parent/Guardian must also identify any medical condition or history that requires special attention or that could interfere with or otherwise affect the Participant’s ability to participate in Future Genius program activities. The information we collect is confidential and is used to aid the Program Director and Instructors in assessing crucial information regarding the Participant and the Participant’s ability to participate in Future Genius programs.
All Participants in Future Genius programs must be physically able to participate in activities including sports, games and computer instruction, and by enrolling the Participant in a Future Genius program the Parent/Guardian certifies that the Participant is in good health and able to participate in such activities. If the Participant requires any accommodation, limitation or restriction to participate in any activity, the Parent/Guardian shall provide detailed information regarding such accommodations, limitations and/or restrictions to Future Genius.
The Parent/Guardian hereby consents to the provision of medical treatment to the Participant, which may be deemed advisable in the event of injury, accident and or illness during a Future Genius program, and if deemed necessary or advisable, to arrange for emergency transportation for the Participant. The Parent/Guardian, and the Parent/Guardian’s insurer(s), will be solely responsible for the cost of any such medical treatment or transportation. The Parent/Guardian represents that the Participant will be covered by an active health insurance policy during the Participant’s enrollment in Future Genius activities and shall provide Future Genius with basic information regarding or evidence of such coverage upon reasonable request. Future Genius shall have no responsibility or liability for payment of the cost of any medical treatment given to the Participant, and the Parent/Guardian shall indemnify Future Genius against any such costs or expenses.
The Parent/Guardian shall report any and all injuries or illnesses of the Participant to the Program Director.
ASSUMPTION OF RISK
Physical and recreational activities such as sports, outdoor play, and other activities contain inherent risks. The Parent/Guardian and the Participant understand that there is risk of injury to the Participant, both known and unknown, as a result of Future Genius program activities and the Parent/Guardian and the Participant KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF SUCH INJURY, and assume full responsibility for the Participant’s participation in any such activities.
WAIVER AND RELEASE OF LIABILITY; INDEMNIFICATION
The Parent/Guardian, on behalf of itself, the Participant, and their respective heirs, assigns, personal representatives and next of kin, hereby waives, releases AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS Future Genius, and its owners, members, managers, officers, employees, partners, agents, representatives and facility providers, from any and all claims, demands, losses and liabilities for any injury, disability, death or illness, or any loss or damage to person or property (including theft of personal property or loss or damage to property by casualty), incurred while at a Future Genius program, whether resulting from the ordinary negligence of any such party or otherwise, to the fullest extent permitted by law.
LIABILITY AND INDEMNIFICATION FOR CONDUCT OF PARTICIPANT
The Parent/Guardian and the Participant shall be fully liable and responsible for the conduct, actions and behavior of the Participant during the Participant’s enrollment in a Future Genius program, and shall indemnify, defend and hold harmless Future Genius, and its owners, members, managers, officers, employees, partners, agents, representatives and facility providers, from any and all claims, demands, losses and liabilities relating to or arising out of such conduct, actions and/or behavior.
If any provision or any part of any provision of these Terms and Conditions are held to be invalid or legally unenforceable for any reason, the remainder of these Terms and Conditions shall not be affected thereby and shall remain valid and fully enforceable to the maximum extent permissible under law. Further, the person making such determination shall have the power to modify any such term or condition found to be invalid, void or unenforceable (“blue penciling”) to the fullest extent permitted pursuant to applicable law to carry out the parties’ intent, and in its modified, reduced or blue penciled form, such term or provision shall then be enforceable and shall be enforced.
PHOTOGRAPHS, VIDEOS, TESTIMONIALS AND PUBLICITY
All images, testimonials, photos, video, and audio taken at or in connection with Future Genius are the sole and exclusive property of Future Genius, Inc. Except to the extent that the Parent/Guardian notifies the Executive Director otherwise in accordance with this paragraph, the Parent/Guardian, for itself and on behalf of the Participant, hereby agrees and authorizes Future Genius and its designees to take photographs and testimonials and to make video and audio recordings of the Participant, and to use such media in promotional materials, marketing materials, and print and online media. These images, testimonials, photos, videos, and audio may be shared and used by partners of Future Genius, the media, or other organizations who work with Future Genius. You understand that Future Genius, Inc. and its owners, members, managers, officers, employees, partners, agents, representatives and facility will not be liable for losses, expenses, claims, damages and/or injuries associated with any such usage or publication, including any and all claims based on ordinary negligence. If the Parent/Guardian does not permit Future Genius to use images, testimonials, photos, video, and audio of the Participant, he or she must notify the Executive Director in writing no later than seven (7) days prior to the start of the applicable session.
Any dispute arising out of or relating to these Terms and Conditions, the Participant’s participation at Future Genius programs, or otherwise arising between the parties, shall initially be negotiated by the parties informally and in good faith. In the event that the parties are unable to resolve the dispute through informal, good faith negotiations within sixty (60) days, then either party may elect to submit the matter to binding arbitration before a single arbitrator in Burlington, Vermont, in accordance with the Commercial Rules of the American Arbitration Association. The arbitrator shall be mutually agreed upon by the parties, and the arbitrator’s determination regarding the dispute shall be final and binding on the parties. Judgment upon any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party in the arbitration shall be entitled to recover expenses including costs and reasonable attorney’s fees associated therewith, except for the arbitrator’s fees and expenses which shall be borne equally by the parties.
FUTURE GENIUS CODE OF CONDUCT
It is a condition of participation in any Future Genius programming that the Parent/Guardian and the Participate agree to strictly adhere to this Future Genius Code of Conduct. By signing below, the Parent/Guardian, for itself and on behalf of the Participant, agrees to the following: Future Genius has the right to dismiss any individuals if their actions or attitudes are deemed by the Program Director to be detrimental to a Future Genius program or unsafe (referred to herein as a “Dismissal for Cause”). There shall be no refunds issued for any such dismissal. A Dismissal for Cause may be based upon any of the following: drug/alcohol/tobacco use; viewing pornography or any inappropriate material on the Internet; inappropriate language (e.g., swearing, offensive or threatening language, derogatory remarks or slurs); physical violence or threats of physical violence; intentional or grossly negligent damage to location facilities or equipment; stealing property of others; inappropriate use of equipment; harassment; Internet hacking; bullying; or other conduct deemed detrimental or unsafe by the Program Director.
PAYMENT & CANCELLATION FOR FUTURE GENIUS, INC-HOSTED SESSIONS
For Future Genius partner-hosted programs, please refer to our partners’ payment and cancellation policies.
For Future Genius, Inc.-hosted programs, full payment for all program fees is required at the time of registration. A $25 returned check fee will be assessed for any checks returned. Full refunds will be granted for cancellation up to twenty-one (21) days prior to the start of the session. The $15 administrative fee has been waived. Cancellations can be made via email: Send message to email@example.com; note in the subject line “Cancellation”. If your Participant chooses to leave the program after Day 1, a partial, prorated refund will be issued for early withdrawal less a $35 implementation fee. Future Genius reserves the right to cancel any session. If a session is cancelled, a Participant may elect to apply all monies paid to his or her enrollment in another session. If no other session is available in the same county for the same dates, Future Genius will, upon the Participant’s request, issue a refund of all monies paid for enrollment in the cancelled session.
PROGRAM SIGN-OUT POLICY
For Future Genius programs, participants must be signed out of our care by the guardian or authorized pick-up person within the pick-up time frame, listed on each Future Genius session web page. If a Parent/Guardian wishes to authorize the Participant to “self sign-out,” the Parent/Guardian must notify the Program Director and Instructors both in writing and orally prior to the start of the session. If the Parent/Guardian agrees/acknowledges that once a Participant has signed himself/herself out pursuant to the self sign-out option, he/she is no longer in the care of Future Genius and Future Genius shall have no liability or obligation with respect to any such Participant. The Parent/Guardian understands and agrees that s/he will be charged $3 per minute for picking-up the Participant after the listed pick-up time frame.
LUNCH & SNACK
Lunch and/or snack is not provided at Future Genius. We ask that families who are packing lunch and/or snack send non-perishables, non-allergic foods (no peanuts, peanut butter or products containing peanut ingredients) that do not require refrigeration.
ACKNOWLEDGMENT OF ARBITRATION.
These terms and conditions contain an agreement to arbitrate. By registering the Participant, the parties understand that, should either party so elect, they will not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement, unless it involves a question of constitutional or civil rights.