American Heritage Schools Terms & Conditions
The Terms and Conditions described herein constitute a legal agreement (“Agreement”) between you (the “Parent”, “Guardian”, “you” or “your” which includes the singular or plural, as applicable) and American Learning Systems, Inc., a Florida corporation, d/b/a American Heritage School or American Learning Systems, Inc., a Florida corporation, d/b/a American Heritage Summer Day Camps and Summer Education (In-Person or Online) (the “School”, “Camp”, “we”, “us”, or “our”). For purposes of any release language in these Terms and Conditions, the “School”, “Camp”, “we”, “us”, or “our” also include American Learning Systems of Boca Delray, Inc., d/b/a American Heritage School of Boca Delray, Inc., C&L Bus Co., Inc., and each of their employees, directors, trustees, agents, insurers, and volunteers and their successors and assigns (collectively, the “Released Parties”). Parent is enrolling the above-named child (“student” or “camper” as applicable) in the School or Camp 2024 summer program (including, without limitation, tutoring services) selected below. All persons signing this Agreement are jointly and severally liable for the tuition and fees set forth herein. Parent’s signature on this Agreement evidence Parent’s understanding and agreement to the terms of this
Agreement as follows:
Parent wants to ensure that student/camper be furnished with health care services as soon as reasonably possible after the need arises when at School/Camp and when participating in School/Camp-related activities on or off campus (such as field trips and/or athletics). If Parent’s student/camper is injured at School/Camp, a School/Camp-related activity or trip, or otherwise has an urgent need for health care and a licensed health care practitioner requires parental consent when Parent cannot immediately be reached, Parent hereby authorizes, appoints, consents to, and empowers the School/Camp to act as parent and furnish such consent on Parent’s behalf.
Parent hereby further consents to all School/Camp personnel (including, without limitation, athletic personnel, athletic trainers, administrators, teachers, directors, counselors, nurses and other clinic personnel, and bus drivers), volunteers, and chaperones to render aid, supply health care services, call 911, and respond in any emergency as needed for student/camper. Parent’s consent extends to, without limitation, the administration of allergy medications, Epi-Pens, over-the-counter medications, etc. according to the student/camper’s prescription or instructions from a licensed practitioner, provision of first aid or minor medical care, use of AED and CPR, and health screenings. Parent also consents to the School/Camp’s academic advisors, college counselors, or counselor to meet with student/camper for appropriate purposes.
You understand and acknowledge that the School/Camp may unilaterally dismiss or suspend student/camper or deny student/camper’s participation in any activity, should it determine that the conduct or behavior of the student/camper, parent/guardian, or other family member is deemed unsatisfactory and/or not in the best interest of School/ Camp. NO REFUND will be issued in the event of such dismissal.
The School/Camp continually strives to update the accuracy of all written materials, including, but not limited to, promotional information, website, brochures, and advertising related to the Summer Program. In an effort to do so, however, information included in the materials may change as programs grow and as staff increases. Prior to relying on any written materials in making your decision to enroll your child in a Summer Program, please verify the accuracy of information with the School/Camp.
You agree that any action, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement shall be submitted to mediation in Broward County, Florida prior to any litigation between the parties, with the costs of mediation to be split equally between the parties. Any request for mediation shall be made in writing. If the request for mediation is not responded to within thirty (30) days or if the parties are unable to resolve their dispute in mediation, the parties may proceed to litigation, as stated herein.
Governing Law/Waiver of Jury Trial. This Contract shall be governed under the laws of the State of Florida. In any action, claim, or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Contract, the parties hereto consent to personal jurisdiction in Florida and agree that venue shall lie exclusively in Broward County, Florida. I/We (acting on my/our behalf and on behalf of and in the best interests of my/our child(ren)) and the School agrees to waive their rights and I/we agree to waive my/our child(ren)’s rights to a trial by jury over any dispute arising out of or related to any aspect of my/our or my/our child(ren)’s relationship with the School or participation in any of its programs, including but not limited to claims relating to the terms and provisions of this Contract; child(ren)’s enrollment in the School; child(ren)’s attendance, participation in activities, discipline or any actions by the School, its representatives, or other parties (including other students or parents); and the relationship created by this Contract or the termination of the relationship (whether such claim arises under agreement, statute, regulation, local law, or common law).
The School/Camp’s duties and obligations shall be suspended immediately without notice during all periods that the School and/or Camp ceases operations because of force majeure events including, but not limited to, any fire, act of God, hurricane, tornado, flood, extreme inclement weather, explosion war, governmental action, act of terrorism, risk of infectious disease, epidemic, pandemic, shortage or disruption of necessary utilities (water, electricity, etc.), or any other event beyond the School’s or Camp’s control. If such an event occurs, the School/Camp’s duties and obligations will be postponed until such time as the School/Camp, in its sole discretion, may safely resume operations. Parent understands that Parent’s financial obligations under this Agreement remain in full force and effect. In the event that the School/Camp cannot resume operations due to an event under this clause, the School/Camp is under no obligation to refund any portion of the tuition paid.
No action or failure to act by the School, Camp, or any agent, employee, independent contractor or other contractor of School and/or Camp shall constitute a waiver of any right or duty afforded the School and/or Camp under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach thereunder, except as specifically may be agreed to in writing.
If any term or provision hereof, or the application thereof to any person or circumstance, shall be invalid or unenforceable to any extent, the remainder of this Agreement or the application thereof to persons or circumstances other than those against whom or which such term or provision is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permissible by law.
The School/Camp reserves the right to require additional documentation outside of this platform to complete the registration. As to the School/Camp, the only persons authorized to modify these Terms and Conditions are the President, Vice President or the Chief Financial Officer of the School/Camp. This Agreement supersedes any prior oral or written agreements on the same or similar matters. Any current or prior understanding, statement, representation, promise, or agreement, oral or written, including without limitation, renderings or representations contained in brochures, advertisements, or promotional materials, and oral statements of School and/or Camp employees or representatives not specifically expressed and included in this Agreement are void and shall not be binding upon or enforceable against either party. This is a fully integrated agreement. You acknowledge that you have not relied upon such statements, promises, or representations, if any, and waive any rights or claims arising from such statements, promises or representations.
You hereby consent and hold the School/Camp harmless for the release of student's/camper’s records and information upon your request to an educational institution or as required by a governmental agency. You also release and hold the School/Camp harmless from any liability stemming from such use, disclosure or release of student’s/camper’s records or information.
You agree to clearly notify the School/Camp in writing if there is anyone who is NOT allowed to pick up your student(s)/camper(s) pursuant to a court order.
Both parents/guardians must sign this Agreement, unless the School/Camp, in its discretion, permits enrollment with one parent/guardian signature. If only one parent/guardian signs this Agreement, such parent/guardian must have the authority to enter into this Agreement on behalf of the student/camper and the consent of all other parents/guardians to do so. The submission of the Agreement with the signature of a single parent/guardian constitutes the representation of the signing parent/guardian that he/she has the necessary authority and consent to sign on behalf of the other parents/guardians. A parent/guardian who signs on behalf of other parents/guardians confirms he/she has authority and consent. Signing without authority and consent constitutes fraud.
Summer Education (In-Person or Online)Programs
When enrolling your student in a 2024 Summer Education (In-Person or Online) Program provided by the School, you agree and are aware that a final determination of class placement will be made by the School and that curriculum changes/decisions are made at the School’s discretion.
The School does not make any representation regarding whether credits from the summer education program will be accepted by the student's educational institution.You understand that once a student is enrolled and the cancellation date (as set forth in the Refund Policy below) has passed, there will be absolutely no refund or reduction of tuition for any circumstance, including not limited to, voluntary or involuntary absence, change of residence, health, withdrawal or expulsion. You understand that even if a new student(s) is/are accepted at the School after student’s withdrawal or separation, any such student(s) will not be considered a “replacement student” unless the student(s) being admitted is/are taken off a waiting list for the summer education program in which student was enrolled.
You agree to allow the School, and those acting with the School’s permission, to record student’s name, photograph, voice, image, and information in online learning or other video processes, and to record and use student’s name, photograph, voice, image and information in the School's publications, promotional or other campaign materials (whether print, television, newspaper, internet, social media, or in any other medium), and website, for educational and/or disciplinary purposes without compensation and without prior notice. You release and hold the School harmless from any liability stemming from the use and disclosure of the student's name, photograph, voice, image, or information. Such liability includes, without limitation, any and all claims of libel, slander, defamation, invasion of privacy, or unauthorized use of one's likeness or picture. You grant permission to the School to unconditionally use statements, articles, music, art, photographs, audio recordings, films, videos, classwork, and all other work created by students or originating from the School or from School-related activity, without compensation and without prior notice. Such authorization survives the term of this Agreement and serves as authority to use such material both during and after a student is enrolled at the School.
You agree that you will be responsible for any loss, damage, or destruction by your student to any property of the School or to any property for which the School is liable or chargeable.
Summer Education Program Refund Policy
As a Parent or Guardian of your Enrolled child,
You understand and agree that once your child/ren is/are enrolled, that there will be absolutely no refunds of tuition paid unless Parent/Guardian cancels this contract in strict accordance with the cancellation procedures, as follows:
1.Canceled Session. Notification that you are canceling an American Heritage School Summer Education Program (In-Person or Online) session must be received in writing no later than March 28, 2024 by the Summer School Director. If cancellation is received in writing on or before the above date, a refund will be granted minus a $200 processing fee.
2. After the course start date refund requests will not be honored.
3. The School reserves the right to cancel a course due to insufficient enrollment. In the event an alternative course offering is not available, a full refund for the canceled course will be granted.
4. There is no refund in the event the National Hurricane Center broadcasts a Hurricane/Tropical Storm Watch/Warning for South Florida. In such an event the School will cancel its program for the duration of the Watch/Warning. Every effort will be made to make up lost session time.
Summer Day Camps
You agree to pay the Camp in full (at the published rate) for all services requested.
In the event of changing camp weeks/sessions that have been purchased at the early registration rate, American Heritage reserves the right to apply the difference of the full purchase price to the weeks/sessions changed.
You agree to allow the Camp, and those acting with the Camp’s permission, to record camper’s name, photograph, voice, image, and information in video processes, and to record and use camper’s name, photograph, voice, image and information in the Camp’s publications, promotional or other campaign materials (whether print, television, newspaper, internet, social media, or in any other medium), and website, for educational and/or disciplinary purposes without compensation and without prior notice. You release and hold the Camp harmless from any liability stemming from the use and disclosure of the camper's name, photograph, voice, image, or information. Such liability includes, without limitation, any and all claims of libel, slander, defamation, invasion of privacy, or unauthorized use of one's likeness or picture. You grant permission to the Camp to unconditionally use statements, articles, music, art, photographs, audio recordings, films, videos, and all work created by campers or originating from the Camp or from Camp-related activity, without compensation and without prior notice. Such authorization survives the term of this Agreement and serves as authority to use such material both during and after campers are enrolled at the Camp.
You agree that you will be responsible for any loss, damage, or destruction by your camper to any property of the Camp or to any property for which the Camp is liable or chargeable.
You understand that reasonable precautions are taken to ensure that the programs and activities at the Camp are conducted by qualified personnel, in a safe and responsible manner. However, you further understand that because of the nature of some activities within the camp program, there is a possibility of personal or bodily injury, serious injury, disability, and death. These activities include (but are NOT limited to) swimming, ice skating, horseback riding, field sports, gymnastics, basketball, football, hockey, soccer, tennis, cheerleading, karate, and archery. You understand that some activities will include activities and field trips off the premises. You: (1) recognize and understand these risks; (2) understand that these risks can be a consequence of not only your camper’s acts or omissions, but also the actions or negligence of the Camp (including staff, employees, volunteers, or any other of the Released Parties as defined above), other participating campers, independent contractors or third parties, or transportation and equipment; and (3) agree to allow your camper to participate in the programs and activities, including those off-premises.
You agree individually, and on the behalf of camper to assume full, sole, and complete responsibility for ALL RISKS, inherent and otherwise, known and unknown, whether or not they have been described to you, and waive, release and discharge, and covenant not to sue, any of the Released Parties from any and all liability and/or claims, suits, damages, injury, disability, death, costs and expenses, whether arising before, during or after participation in camp activities (including any motor vehicle transportation, morning care, afternoon care, or administration of medicines/treatment) and whether caused by the sole or joint negligence, gross negligence, or tortious act or omission of the Released Parties, or any of them, or any third party (collectively the “Claims”). This Waiver and Release does not apply to the willful misconduct of the Released Parties. You hereby knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule, or common law, which may limit the scope of this Waiver and Release.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF AMERICAN LEARNING SYSTEMS INC D/B/A AMERICAN HERITAGE SCHOOL OR AMERICAN LEARNING SYSTEMS OF BOCA-DELRAY INC. D/B/A AMERICAN HERITAGE SCHOOL OF BOCA-DELRAY, USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM AMERICAN LEARNING SYSTEMS INC D/B/A AMERICAN HERITAGE SCHOOL OR AMERICAN LEARNING SYSTEMS OF BOCA-DELRAY INC. D/B/A AMERICAN HERITAGE SCHOOL OF BOCA-DELRAY, AND ALL RELEASED PARTIES (AS DEFINED ABOVE) IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND AMERICAN LEARNING SYSTEMS INC D/B/A AMERICAN HERITAGE SCHOOL OR AMERICAN LEARNING SYSTEMS OF BOCA-DELRAY INC. D/B/A AMERICAN HERITAGE SCHOOL OF BOCA-DELRAY, HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
You release and hold harmless the Released Parties from any responsibility or liability for any lost, stolen, or damaged personal property that your camper(s) brings to camp.
If you cannot be reached, you hereby give permission for emergency medical treatment, emergency transportation, hospitalization, anesthesia, x-ray, or necessary injections for your camper(s), and will be responsible for the bills of same. This authorization does not include major surgery, unless life-threatening, and only then when the medical opinions of two (2) licensed physicians or dentists concur in that treatment.
You agree to clearly notify the Camp in writing if there is anyone who is NOT allowed to pick up your camper(s) pursuant to a court order.
Summer Camp Refund Policy
As a Parent or Guardian of your Enrolled Camper(s):
You understand and agree that once camper(s) is/are enrolled, that there will be absolutely no refunds of tuition paid unless Parent/Guardian cancels this contract in strict accordance with the cancellation procedures, as follows:
1. You must submit a letter/email of cancellation so that it is received by the Camp Director no later than March 28, 2024.
2. In the event of timely cancellation, you will receive a refund of all amounts paid in excess of the Non-Refundable, Non-Transferable processing fee of $200.00 per camper.
3. After March 28, 2024, there will be absolutely No Refunds of any amounts for any circumstances, including, but not limited to, extended illness, family emergency, hurricane/tropical storm watch/warning closures, expulsion, or withdrawal.
4. In addition, in the event of closure for hurricane/tropical storm watch/warning, the Camp will close for the duration of the watch/warning and will not issue make-up days.
In connection with tutorial services, You agree as follows:
You will be held responsible for payment of a scheduled tutoring session if an email cancellation is not received at least three hours prior to the session time. Parents must advise the School’s tutor of any cancellation of tutoring sessions; the student cannot cancel the session. Notification must be made by email to the tutor. Please copy the directors of tutoring, firstname.lastname@example.org.
Tutoring sessions will not be extended due to a student’s late arrival.
Tutoring session day and time cannot be guaranteed if the student does not show for (2) two consecutive sessions without prior cancellation notification by the Parent.
The School has the right to discontinue services due to nonattendance, nonpayment and/or frequent cancellations.
The School’s tutor will evaluate and provide sessions for School students only as requested by the student’s parent(s).
The charges for any sessions will be billed to you throughout the month and you are responsible to pay for all charges incurred.
School tutors may speak with the student's teacher(s) to discuss assignments, tests, quizzes, and classroom performance for the purpose of focusing tutoring to best help meet the needs of the student.If you find that the tutor and student are not a compatible match, please reach out to your tutoring director.
Disclosure and Consent to use of Electronic Records and Signature
The School/Camp has implemented an Electronic Signature Program. Under this system, you will have the option to sign certain documents electronically. The documents executed electronically will be treated like a physical handwritten signature on a paper form. The law requires that we provide certain information to you and obtain your consent to use an electronic signature prior to your doing so. Please carefully read the following information. By electronically signing “The Consent to Use of Electronic Records and Signature”, you certify that you have read, understand, and agree to the terms of this Disclosure and Consent to Use of Electronic Records and Signature.
1. You may choose not to consent to use of an electronic signature. However, the School/Camp strongly urges you to consider the benefits of an electronic signature, including better data accuracy, a more green approach to paper management, and less of a burden for School/Camp faculty and staff.
2. You have the right at any time to withdraw your consent to conduct transactions with the School/Camp by electronic means. If you wish to withdraw such consent, you must email Aura Rodriguez, CFO at email@example.com. If you withdraw your consent, the School/Camp will mail you paper copies of the records, if any, that the School/Camp is required to make after the withdrawal of your consent; however, the withdrawal of your consent will not affect the legal validity or enforceability of any documents that you have previously signed electronically.
3. You have the right to obtain a paper copy of an electronic record. If you wish to request a paper copy, please contact Aura Rodriguez, CFO at firstname.lastname@example.org. The School/Camp’s fees for paper copies may change from time to time, and you may obtain information about such fees by contacting Aura Rodriguez.
4. By your signature below, you agree to receive these disclosures, terms and conditions electronically. By your signature below, you also agree to conduct transactions electronically with the School/Camp and to receive electronic records of the terms of any forms, documents or contracts that the School/Camp elects to provide electronically (including, but not limited to, application, media releases, authorizations to release records, consents, waivers, and other forms), in lieu of a hard or paper copy thereof. Specifically, you consent to the use of electronic documents, email delivery of documents, and electronic signatures in any communication or agreement involving you, your child(ren), and the School/Camp.
5. To help ensure the authenticity and security of documents with an electronic signature, you will only be able to access the forms, contracts, etc. by entering your confidential username and password into our web portal, or in some cases, by clicking on a secure link that is sent to your email account that is on record with the School/Camp. You will also receive email confirmation when you sign a document electronically. To effectively participate in the Electronic Signature Program, you are required to inform the School/Camp immediately of any changes in your email address.
6. In order to access and retain the electronic records, you must have: a computer or other device capable of accessing the Internet, an Internet Web Browser, an active email account, and a PDF reader capable of viewing and printing the document, such as Adobe Reader. By providing your consent, you are confirming that you have the hardware and software described above, and that you are able to receive, view, save and print on paper the electronic records.
7. You agree and consent that your use of a keypad, mouse or other device to select an item, button, icon, checkbox, to enter text, or to perform a similar act/action, (e.g., by clicking on “Submit”) constitutes your electronic signature and signifies your intent to be bound. You understand that your electronic signature is legally binding, just as if you manually signed a paper document in ink.
Use of Shopify Platform
The School/Camp has implemented the ability to transact business and make payments online through a third-party application (the “Shopify Platform”) for your convenience. By use of the Shopify Platform, you agree to release and hold the Released Parties harmless from and against any data breach which may occur in connection with credit card or other data on such platform. If you are not comfortable with, or do not trust, the Shopify Platform, you should handle your enrollment and payment functions offline directly with the School/Camp’s office personnel.