EMAGINATION CARES ABOUT YOUR PRIVACY
All references to "us," "we," or "our" refer to Emagination STEM Camps. All references to "child" or "children" refer to children under the age of 13.
By accessing or otherwise using any of our Sites & Services, you consent to the terms contained in this privacy statement, including the collection, use, and disclosure of data as described below.
I. Information We May Ask You To Provide
Through our Sites & Services, we collect information about you and/or your student when you choose to provide it to us. For example, we collect information from you so you can use Sites & Services, purchase products and services, register for and obtain an account, request information, apply for a job, register for one of our programs, or verify your age. In general, we may ask you to provide us with the following types of information about you and/your student:
Contact information such as name, email address, mailing address, phone numbers (note to parents/guardians of children: if we have actual knowledge that a user is under 13 years old, the child will be asked to have his or her parent or guardian continue the registration process);
Month, day, and year of birth;
Billing information such as credit card number and billing address;
Information included in résumés and job applications; and
Health histories, participation limitations or needs, immunization, and allergy information.
Note to Parents/Guardians: We only collect the information described above, from someone we know to be a child, after the child's parent or guardian provides us with verifiable consent, unless one of the limited exceptions discussed below applies.
II. Cookies & Other Tracking Technologies
Third Party Vendors of Online Registration and Camper Information Services
ETC uses The Active Network, a third-party vendor, for its online registration and CampDoc.com, a third party vendor, to collect, maintain and disseminate important camper information including HHF’s, and Parent Manuals. The Active Network and CampDoc.com do not perform any other function for Emagination's summer camp programs.
In addition, our website may collect geolocation information from your device. In most cases, you are able to turn off such data collection at any time by accessing the privacy settings of your device.
When we interact with you through our content on third party websites, applications, integrations or platforms, we may obtain any information regarding your interaction with that content, such as content you have viewed, and information about advertisements within the content you have been shown or may have clicked on.
We may also obtain other information, including personal information, from third parties and combine that with information we collect through our Sites and Services. Any access to information from a third party social media or authentication service is in accordance with the authorization procedures determined by that service. If you authorize us to connect with a third party service, we will access and store your name, email address(es), current city, profile picture URL, and other personal information that the third party service makes available to us, and use and disclose it in accordance with this Policy. Please check your privacy settings on these third party services to understand and change the information sent to us through these services.
III. Cookies & Tracking Technologies
If you choose to decline cookies, you may not be able to fully experience the complete functionality of our Sites & Services. We do not share cookie data with any third parties.
IV. How We May Use Your Information
The information we collect from you and/or your camper may be for one or more of the following purposes:
Respond to requests or inquiries;
Provide information about our products and services;
Consider you for employment;
Register a camper for a program;
Monitor and improve our Sites & Services, or personalize your online experience;
Protect the security or integrity of our Sites & Services and business operations;
As required by law.
V. How We Share Information
We do not sell or otherwise share your or your information with any third parties, except for the limited purposes described below. Parents/guardians of children under the age of 13 have the option of consenting to the collection and use of their child's personal information without consenting to the disclosure of that information to certain third parties.
1. Law Enforcement And Safety
We may access, preserve, and/or disclose the information we collect and/or content you and/or your student/child provides to us (including information posted on our forums) to a law enforcement agency or other third parties if required to do so by law or with a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms and Conditions of Emagination STEM Camps Sites & Services; (iii) respond to claims that the content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of the owners or users of Emagination STEM Camps Sites & Services, a third party, or the general public. We also may disclose information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of others.
2. Service Providers
Information collected through Emagination STEM Camps Sites & Services may be transferred, disclosed, or shared with third parties engaged by us to handle and deliver certain activities, such as housing, meals, payment processing, mail/email distribution, software providers, and to perform other technical and processing functions, such as maintaining data integrity, programming operations, user services, or technology services. We may provide these third parties information collected as needed to perform their functions, but they are prohibited from using it for other purposes and specifically agree to maintain the confidentiality of such information. Some of these providers, such as payment processors, may request additional information during the course of offering their services. Before you provide additional information to third party providers, we encourage you to review their privacy policies and information collection practices.
3. Business Transfer
During the normal course of our business, we may sell or purchase assets. If another acquires ESC or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through our Emagination STEM Camps Sites & Services in a manner that is consistent with this privacy statement.
VI. Our Commitment To Children’s Privacy
Protecting the privacy of children is paramount. We understand that users and visitors of our Emagination STEM Camps Sites & Services who are under 13 years of age need special safeguards and privacy protection. It is our intent to fully comply with the Children's Online Privacy Protection Act (COPPA).
Our Emagination STEM Camps Sites & Services are intended for general audiences. We do not knowingly permit anyone under 13 years of age to provide us with personal information without obtaining a parent's or guardian’s verifiable consent, except where:
the sole purpose of collecting the name or online contact information of a parent or child is to provide notice and obtain parental consent;
the purpose of collecting a parent’s online contact information is to provide voluntary notice to, and subsequently update the parent about, the child’s participation in our Emagination STEM Camps Sites & Services that do not otherwise collect, use, or disclose children's personal information;
the sole purpose of collecting online contact information from a child is to respond directly on a one-time basis to a specific request from the child, and where such information is not used to re-contact the child or for any other purpose, is not disclosed, and is deleted by us promptly after responding to the child’s request;
the purpose of collecting a child’s and a parent’s online contact information is to respond directly more than once to the child’s specific request, and where such information is not used for any other purpose, disclosed, or combined with any other information collected from the child;
the purpose of collecting a child’s and a parent’s name and online contact information, is to protect the safety of a child, and where such information is not used or disclosed for any purpose unrelated to the child’s safety;
we collect a persistent identifier and no other personal information and such identifier is used for the sole purpose of providing support for the internal operations of Emagination STEM Camps Sites & Services; or
otherwise permitted or required by law.
If we receive the verifiable consent of a child's parent or guardian to collect, use, and/or disclose the child's information, we will only collect, use, and disclose the information as described in this privacy statement. Some features of our Emagination STEM Camps Sites & Services permit a child user to enter comments, such as forums and chat rooms, through which the child could provide personal information that would be visible to other users. If you are the parent or guardian of a child user, please advise your child of the risks of posting personal information on this Emagination STEM Camps Sites & Services or any other site.
VII. Parental or Guardian Rights
Parents or guardians may review their child's personal information, and refuse to permit further collection or use of a child's information. To exercise any of these rights, please email us at email@example.com.
VIII. Restrictions On Child Users
Children under 13 years of age are prevented from accessing areas of Emagination STEM Camps Sites & Services which include, but are not restricted to, client account information, unless approved by their parent or guardian.
IX. Links & Third Parties
Emagination STEM Camps may link to third-party websites, products, and services on Emagination STEM Camps Sites & Services at our discretion. Third-party sites, products, or services have separate and independent privacy policies that should be individually read and reviewed by site users. We are not responsible or liable for the content or services of linked sites. Third-party links do not imply endorsement of the content or service by Emagination STEM Camps, and we expressly disclaim all liability with regard to visitor access to third-party sites.
X. International Visitors
Our Emagination STEM Camps Sites & Services are operated and managed on servers located in the United States. If you choose to use our Emagination STEM Camps Sites & Services from the European Union or other regions of the world with laws governing data collection and uses that differ from the United States, then you recognize and agree that you are transferring your personal information outside of those regions to the United States, and you consent to that transfer.
XI. Data Security Commitment
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we collect. We also use Secure Sockets Layer (SSL) protocol on your account information and registration pages to protect sensitive personal information. Sensitive data is encrypted on our Emagination STEM Camps Sites & Services and when stored on the servers.
XII. Personal Information Access, Copies & Corrections
Access to certain personal information that we collect from our Sites and Services may be made available to you. Users may send a formal request via email or mailed letter , or by calling our business phone number. We ask that requests include the user's first name, last name, phone, email address, and mailing address when applicable. We may ask you to provide additional information for identity verification purposes, or to verify that you are in possession of an applicable email account.
XIII. Electronic Communications
XIV. Terms & Conditions
Your use of our Emagination STEM Camps Sites & Services, and any information you provide on our Emagination STEM Camps Sites & Services, are subject to our Terms and Conditions.
XV. Privacy Statement Changes
We reserve the right to change, modify, add, or remove portions of this statement at any time. If we materially change our use of your personal information, we will announce such a change on relevant Emagination STEM Camps Sites & Services, and will also note it in this privacy statement. The effective date of this privacy statement is documented at the beginning of the statement. If you have any questions about our privacy statement, please contact us at Camp@Emagination.com
XVI. Credit Card Information & Transactions
All credit card transactions are managed by our third-party. For your security, your credit card security number is not stored or processed on our website. Our third-party camp registration service has procedures in place designed to reduce the risk of accidental destruction, or loss, or unauthorized disclosure or access to such information appropriate to the nature of the information concerned, including:
(where appropriate) password protection, encryption, and use of secure communication transmission software (known as "transport layer security" or "TLS") to protect their Sites;
placing confidentiality requirements on its employees and service providers;
destroying or permanently anonymizing personal information if it is no longer needed for the purposes for which it was collected; and
following strict security procedures in the storage and disclosure of your personal information to prevent unauthorized access to it. While we take appropriate technical and organizational measures to safeguard your personal information, no transmission over the Internet can ever be guaranteed to be secure. Therefore, we cannot guarantee the security of any personal information that you transfer over the Internet, and any such transmission is at your own risk.
The security of personal information depends in part on the security of the computer used to communicate with us. We recommend that users take steps to protect against unauthorized access to passwords, computer, and web-enabled devices by signing off after using a shared computer, inserting a password on your web-enabled device, choosing a password that nobody else knows or can easily guess, keeping your passwords private, and periodically changing passwords. We are not responsible for any lost, stolen or compromised passwords, or for any activity on your account via unauthorized password activity.
Our third-party service stores personal information for as long as is reasonably necessary for the purposes for which it was collected. Where your information is no longer needed, we ensure that it is disposed of securely. There are circumstances when we may be required to store your personal information for longer periods of time to be in accordance with legal, regulatory, tax, or accounting requirements. In specific circumstances we may store your personal information for longer periods of time, so that we have an accurate record of your dealings with us in the event of complaints or challenges, or if we reasonably believe there is the prospect of litigation relating to your personal information or transactions.
We use state-of-the-art Secure Socket Layer (SSL) encryption technology to safeguard and protect your personal information and transactions over the internet. Credit card information is encrypted by the third-party service, and cannot be read as it travels over the Internet.
XVII. Social Networking
Emagination STEM Camps provides several opportunities for social networking for both participants and staff on sites such as Facebook, Instagram, Twitter, Flickr, and YouTube. These sites are not affiliated with Emagination STEM Camps and offer their own individual social networking services. Please read the following Terms and Conditions carefully, as well as the Terms and Conditions of the sites in which Emagination STEM Camps has created a forum ("Group"). These Terms and Conditions are a legal agreement between you and Emagination STEM Camps and apply to you whether you are a visitor to these sites or any site with an official Emagination STEM Camps affiliation.
Emagination STEM Camps is a member of several pre-existing sites (as mentioned above). There may be, however, portions of EmaginationSTEMCamps.com that include areas where participants can post feedback or submissions. Any of the above-mentioned "Sites" (or other similar sites) have their own distinct rules and regulations. Emagination STEM Camps reserves the right to take action to remove any content deemed inappropriate by the sites or by Emagination STEM Camps standards. Emagination STEM Camps will not be held liable for any loss of content or disagreements that may arise between the individual social networking site and the user.
XVIII. Copyright & Intellectual Property Policy
You agree that you and your child will not use social networking sites to offer, display, distribute, transmit, route, provide connections to, or store any material that infringes copyrighted works, trademarks, or service marks or otherwise violates or promotes the violation of the intellectual property rights of any third party. Emagination STEM Camps will terminate accounts of users who repeatedly infringe, or are believed to be, or are charged with repeatedly infringing the intellectual property or proprietary rights of others.
BY USING THE SOCIAL NETWORKING SITES OR SUBMITTING A MEMBER SUBMISSION, YOU AGREE THAT EMAGINATION STEM CAMPS IS NOT RESPONSIBLE, AND WILL IN NO EVENT BE HELD LIABLE, FOR ANY: (A) LOST, ILLEGIBLE, MISDIRECTED, DAMAGED, OR INCOMPLETE MEMBER SUBMISSIONS; (B) COMPUTER OR NETWORK MALFUNCTION OR ERROR; (C) COMMUNICATION DISRUPTION OR OTHER DISRUPTIONS RELATED TO INTERNET TRAFFIC, A VIRUS, BUG, OR WORM OR NON-AUTHORIZED INTERVENTION; OR (D) DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHERWISE FROM YOUR ACCESS TO THE SITE OR SERVICES. THE SITE, SERVICES, CONTENT AND MEMBER SUBMISSIONS ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. EMAGINATION STEM CAMPS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SITE, SERVICES, EMAGINATION STEM CAMPS CONTENT AND MEMBER SUBMISSIONS, WHETHER THE PROVISION OF SERVICES OR YOUR SUBMISSION OF A MEMBER SUBMISSION WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR LEAD TO ECONOMIC BENEFIT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, EMAGINATION STEM CAMPS MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EMAGINATION STEM CAMPS AGREEMENT, INCLUDING:
Terms and Conditions
Waiver and Release from Liability
(together the “Emagination Agreement”)
TERMS AND CONDITIONS
Emagination STEM Camps (ESC) overnight tuition includes instruction, recreation, supervision, sleeping accommodations, and all meals from dinner on the first day of the session through lunch on the last day of the session. For multi-session overnight campers, the weekend stay between sessions is tuition-free. Tuition for day programs includes instruction, recreation, supervision, and meals as follows: Day camp includes lunch; optional Early Drop off and Late Pick-Up Add-Ons may include breakfast and/or dinner at camp. Certain tech camp courses carry lab fees.
A $250 per two-week session deposit by credit card or E-check is due at the time of registration. Tuition balances must be paid in full by May 15th. Registrations made after May 15th require payment in full at the time of registration. Tuition balances for Early Bird and Winter Special registrants is due in full by Feb 28th.
All tuition payments, less a $200 administration fee, will be refunded upon written notice of cancellation if received more than 45 calendar days prior to the first day of your session. If you cancel within 45 calendar days of camp but not less than fourteen (14) calendar days prior to the first day of camp, you will receive a camp account credit for all monies paid, less a $200 administrative fee. If you cancel within fourteen (14) calendar days of camp, you will receive a camp account credit equal to fifty (50) percent of the monies paid for camp, less a $200 administrative fee. All camp account credits expire on August 31, 2024, and are transferrable to an immediate family member. Refunds and credits are not given to campers who leave after the start of the camp session. Monetary refunds are not provided to any portion of 2023 camp tuition paid for with camp account credits from a prior year. Any payments for 2023 camp tuition paid by camp account credit will be returned to the family’s account credit balance for future use.
Health History Form (“HHF”)
HHF’s are required by regulations and are important for your camper’s care and safety. Due to the high volume of forms ESC receives, we have a system in place that requires HHF’s to be completed well before camp begins so that we have time to review and process them. We respectfully ask for and appreciate your cooperation in regard to HHF’s. HHF’s are part of a Camper Profile that is completed online via CampDoc.com. HHF’s are NOT accepted at camp locations.
HHF’s are due by May 15th. For registrations made after May 15th, the HHF is due within 14 days, or by the Saturday eight (8) days prior to the start of the camp session, whichever date is earlier.
Charges for Late: Registrations; Payments; and Health History Forms
Tuition received after May 15th (in respect of registrations made before May 15th) will incur a $75 additional charge. There is a $50 late processing fee charged for HHF’s completed online after the deadlines disclosed in the preceding paragraph.
Special Needs Policy and Considerations
Due to the complexities of administering a summer camp, the parent/guardian of a prospective camper who has an aide at school, or may have a physical, emotional, or other limitation, or other restriction, that might require an adjustment to the physical, educational, or recreational program(s) or to any other aspect of camp life, must contact our corporate office in writing by April 1st. We reserve the right to determine, in our sole discretion, whether or not we can adequately meet the needs of any registrant and to decline the registration of any individual when deemed appropriate.
The types of limitations that require advance notice include, but are not limited to, dietary restrictions (religious or otherwise), visual, auditory, mobility impairments and emotional and psychological impairments or other needs for program modification or adaptive equipment or special medical needs.
We will speak with a parent/guardian in an effort to assess ESC’s ability to accommodate special needs. With respect to special emotional/behavioral needs and limitations we will assess our staff’s ability to accommodate camper special needs giving due consideration to the fact that ESC staff members are primarily college students on summer break who are not trained or qualified to provide special or individualized care related to emotional/behavioral needs and limitations.
If a camper has an aide at school, an aide is required at ESC. The parent/guardian is responsible for payment of any aide compensation, room and board for the aide and the aide is subject to a criminal background check and must be interviewed by an ESC corporate staff member prior to camp.
Community Expectations of Campers (camp rules)
ESC’s Community Expectations are contained in the Parent Manual found within your camper’s CampDoc.com account and are incorporated herein by reference. A parent/guardian is responsible for reviewing them with the camper. They are reviewed again by ESC at the start of camp. Campers may be dismissed without refund for not complying with ESC’s Community Expectations or for behavior, actions or attitudes that, in the sole judgment of ESC staff, are deemed harmful to himself/herself, other campers or the overall atmosphere at camp. In addition, the following specific acts may result in immediate dismissal without refund: drug/alcohol/tobacco/vaping use or possession; viewing pornography or inappropriate material on the internet; swearing, racial or other slurs; physical violence or threats of violence against others or oneself; bullying; damage to host campus facilities or Emagination equipment, stealing, sexual harassment, hacking and downloading malware of any kind.
Internet Access and Electronic Devices Brought from Home
Internet access is provided in computer labs and in residence halls. Campers may bring electronic devices to camp, but they may not be used during course instruction. ESC cannot, and does not, control internet access on electronic devices brought from home and cannot guarantee that a camper will not be exposed to the internet via the electronic device of another camper. ESC’s Community Expectations stipulate that campers only access age and/or content appropriate websites.
ESC accepts roommate requests, and we are often able to accommodate the request when made by both parties, however, we do not guarantee that a roommate request can or will be accommodated.
ESC provides equal opportunity for all qualified participants and does not discriminate in providing services to any individual on the basis of race, color, national origin, gender, disability, religion, sexual orientation, gender identity or expression, or any other protected status.
Third Party Vendors of Online Registration and Camper Information Services
ESC uses The Active Network, a third-party vendor, for its online registration and CampDoc.com, a third-party vendor, to collect, maintain and disseminate important camper information including HHF’s, and Parent Manuals. The Active Network and CampDoc.com do not perform any other function for Emagination's summer camp programs.
If any provision of this Emagination Agreement shall be invalid or unenforceable, the remainder of the provisions of the Emagination Agreement shall not be affected thereby and each and every provision of the Emagination Agreement shall be enforceable to the fullest extent permitted by law.
As the parent/guardian of the camper being registered for an ESC program, I understand that there are risks and dangers connected with the activities in the ESC program and I certify that my child/ward has my permission to attend and participate in all aspects of the ESC program, including swimming, sports, all recreation activities, and transportation for camp trips as well as transportation to and from camp, if provided.
I give ESC permission to take my child/ward to places of interest, recreation activities, swimming, and other trips without further notice or consent by me and to use photographs and video of my child/ward (without using last names) for camp advertising/promotional purposes including on the internet.
I understand that any photos, videos, or other media produced at camp are the sole and exclusive property of ESC. I understand that any work or projects created at ESC may be used by ESC for advertising/promotional purposes.
ESC makes a reasonable effort to have campers leave camp with completed projects. Certain projects require software to work, and such software is not provided after camp ends. In other cases, a project may not function on home computer systems. I understand that ESC is not responsible for projects that are incomplete or non-functioning.
I understand that ESC’s company logo is the sole property of ESC and may not be used by a camper on a personal website, social media site or group site.
I understand that if my child does not conform to the behavior expectations, Community Expectations or rules of the camp, ESC reserves the right to dismiss my child/ward and that there shall be no refunds for such dismissal. I understand that if my child/ward communicates an intention to harm himself/herself, ESC will dismiss my child and such dismissal will be without refund. I further understand that I will be responsible for any personal or property damage caused by my child/ward while at camp and that ESC is not responsible for any reason for personal belongings including, but not limited to, electronic devices, that become lost, damaged, or stolen.
I understand that due to demand and scheduling complexities, space in selected tech camp courses is not guaranteed and that, in such event, or due to circumstances beyond your control, course selections may change or be consolidated. I further understand that due to events beyond your control, such as actions by a governmental or quasi-governmental entity or any other causes beyond your control, ESC reserves the right to cancel or consolidate a session. If a session is canceled prior to its start, I will receive a refund for all monies paid to ESC for that session. Monetary refunds are not provided to any portion of 2022 camp tuition paid for with camp account credits from a prior year. Any payments for 2022 camp tuition paid by camp account credit will be returned to the family’s account credit balance for future use.
I understand that ESC, at its sole discretion, reserves the right to change camp locations at any time. All terms and conditions will be maintained in accordance with any change in camp location.
I understand that the Health History Form must be completed online via Campdoc.com and in accordance with this Emagination Agreement and that Health History forms will not be accepted at the camp location.
In case my child/ward has an illness or accident during camp, ESC and its representatives have my permission to make suitable arrangements for and to authorize medical care and to act in my stead according to their best judgment in any emergency requiring medical attention. I understand that all medical expenses will be paid by me or by my child's/ward's medical insurance plan.
I understand that I am responsible for advising ESC of all medical conditions of my child/ward that may, in any way, impact my child’s/ward’s health during camp and for providing adequate quantities of necessary medications and allergy serums to ESC in original pharmacy containers with doctor’s instructions written in English. I give permission for ESC to administer prescribed medications. I understand that I am responsible for retrieving any medications on the last day of camp and any medications left at camp will be discarded.
I hereby state that, except as disclosed on the Health History Form, the camper being registered herein is in good health and has no dietary, physical, behavioral, emotional, or mental limitations.
I understand ESC cannot, and does not, control internet access on electronic devices brought from home and cannot guarantee that a camper will not be exposed to the internet via the electronic device of another camper. I understand that ESC makes reasonable efforts, through supervision in computer labs and policies that are disclosed to families and stated to campers, to protect against campers viewing inappropriate internet content. I understand that ESC cannot guarantee that a camper will not be exposed to inappropriate content.
I understand that ESC may allow video games to be played during recreation time and/or used in the curriculum of certain courses and such games may be rated “E” “T” or “M”. ESC makes reasonable efforts to ensure that younger campers do not have access to games rated “M” but cannot guarantee that a camper will not be exposed to “M” rated games during recreation time. I understand that certain courses or ESC programs may require the creation of an online Valve Steam, Unity and Unreal account as part of the curriculum.
I understand that ESC provides an online medium for parents to share contact information for the purpose of carpooling. I further understand that ESC does not assess the suitability of any participant in a carpool and does not accept any responsibility or liability for the safety of a camper in a carpool. I understand that I am responsible for making any carpooling arrangements.
I understand that ESC’s camp in Atlanta Georgia is operated under an exemption from the licensing requirements of Bright from the Start Georgia Department of Early Care and Learning and that ESC carries liability insurance.
CHOICE OF LAW, AGREEMENT TO ARBITRATE AND WAIVER OF THE RIGHT TO A JURY TRIAL
I agree that any dispute arising out of or relating to this Emagination Agreement, my child’s/ward’s participation or attendance at ESC, or otherwise arising between the parties, including, without limitation, any claim for damages arising from physical or other injury and/or any statutorily created or protected rights, as permitted by applicable law, will be governed exclusively by the laws of the State of Delaware without regard to its conflict of interest laws. Any such dispute will be resolved through final and binding arbitration to take place exclusively in the State of Delaware in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction within the United States. The prevailing party in the arbitration shall be entitled to recover expenses including costs and reasonable attorney’s fees associated with the arbitration. I understand that by agreeing to this provision I am agreeing on behalf of myself and my child/ward to waive any right to a trial by jury. Should any part of this provision to be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and in force. I acknowledge and agree that I understand the terms of this Choice of Law, Agreement to Arbitrate and Waiver of the Right to a Jury Trial and agree to comply with, and be bound by, all of its terms and provisions.
WAIVER AND RELEASE FROM LIABILITY AND ASSUMPTION OF RISK
On behalf my child/ward and myself, I hereby release ESC, its owners, agents, partners, employees and host campus facility providers (Released Parties”) from any and all liability, including claims based upon negligence, (including, but not limited to, claims of negligent hiring or negligent supervision of employees, independent contractors or other participants) for damages arising from any claim for damage or injury to my child/ward or damage to any personal property, accepting for myself the full responsibility for any and all such damage or injury which may result directly or indirectly from any negligence associated with the Released Parties. This Waiver and Release From Liability includes, but is in no way limited to, premises liability, liability of whatever kind and nature, whether known or unknown, suspected or unsuspected for any and all present or future loss or damage and any claims, liens, demands, causes of action, debts, liabilities and expenses (including costs and attorney’s fees). I understand that I am not releasing the Released Parties from any liability for damages or injuries arising from their gross negligence, reckless conduct or intentionally tortious conduct. To the extent this Waiver and Release From Liability conflicts with applicable law governing such provisions, this Waiver and Release From Liability is to be given the fullest force and effect permitted by applicable law. Should any part of this Waiver and Release From Liability be found invalid or not enforceable under applicable law, the remaining portion shall continue to be valid and enforceable to the extent allowed by law. I understand that there is a risk of injury to my child/ward associated with attendance at ESC and participating in its activities including, but not limited to, physical exercise, swimming and games and that such activities could be dangerous which could result in personal injury, death or property damage. I knowingly and voluntarily assume all risk of my child/ward (inherent or otherwise, including without limitation risks that are undefined and unknown) participating. I further knowingly and voluntarily assume all risks that may result from the negligence of the Released Parties including, without limitation, in providing instruction or guidance, and in the operation or design or maintenance of the premises of the host campus facilities provider where ESC’s activities will occur as well as the selection, use or maintenance of any equipment or facility or service related to the operation of ESC. I expressly assume all such risks and danger whether presently known or unknown.