Terms & Conditions for Captivating Kid’s Classes/Programs

Run by Captivating Global

By clicking ACCEPT, you hereby acknowledge that you have read, understood, and accepted our Terms of Service, as detailed below. These Terms and Conditions ("Terms") apply to your participation or the participation of your child ("Participant") in our Captivating Speakers Kids class ("Class" or "Classes") offered by Captivating Speakers Global  ("Provider"). By enrolling or allowing your child to enroll in Classes, you agree to be bound by these Terms and Conditions.

1. Class Registration and Payment:

   1.1. To enroll your child in the Class, you must complete the registration process and provide all required information. 

   1.2. Payment for the Class must be made upfront, in full upon registration. No refunds are issued except as provided in Section 4 (Refunds). See Clause 4 below.

2. Photo and Video Release:

   2.1. Please be advised that we (Provider) routinely video-record all classes for our own records, to track your child's progress, and to promote the success of our classes. Before and After videos are a great way to promote this program. By accepting our terms, you hereby agree to grant Provider the irrevocable and unrestricted right to use and publish photographs, videos, or other images taken during the Class that include your child's likeness for our promotional, educational, and marketing purposes. 

   2.2. You also agree to release Provider, its employees, and any third parties acting under Provider's permission from any claims, demands, or actions that you or your child may have arising out of the use of these photos or videos.

  2.3 If, for any reason, you have a specific and valid reason for not allowing us to use and publish photographs, videos, or other images (per clause 2.1), please send your request to info@captivatingglobal.com in writing. Type: “Please blur my child’s likeness in any promotional or marketing materials” in the subject line. In this email, please provide a valid reason for this restriction because we need to pay additional fees to blur your child’s face in our materials. Rest assured, we take the safety and security of your child very seriously and will not share locations or other private information when we share images or videos. We also only share a very small portion of the videos we take.

3. Indemnity and Waiver:

   3.1. You understand and acknowledge that the Classes may involve certain risks and hazards.

   3.2. You hereby agree to indemnify, defend, and hold harmless Provider, its instructors, and employees from any claims, demands, causes of action, or liability, that may arise out of or in connection with your child's participation in the Class.

3.3 While every effort will be made to ensure the safety of all Participants during the Class, you acknowledge that accidents and injuries may occur. You, on behalf of yourself and your child, hereby release and forever discharge Provider, its employees, instructors, and agents from any and all claims, demands, actions, or causes of action arising out of or in connection with any accidental injury that may occur during the Class, including but not limited to slips, falls, or any other unforeseen accidents. You further agree to indemnify, defend, and hold harmless Provider, its agents, and employees, from any liability or claims related to such injuries to the fullest extent permitted by law.

3.4 Please provide up-to-date medical information with registration, including any allergies your child may have. This includes psychological/psychiatric diagnoses. Any information you can provide us about your child is helpful and should not be omitted. 

3.5 In the event of a medical emergency or other critical situation involving your child during the Class, the Provider, its agents, representatives, instructors, and associates reserve the right to contact emergency services (e.g., 911) without delay to ensure the safety and well-being of your child.

3.6 You hereby acknowledge that there may be circumstances where it is not possible to contact parents, guardians, or emergency contacts immediately due to the urgency of the situation. You agree that the Provider, its agents, representatives, instructors, and associates shall not be held liable for any delays or inability to notify parents, guardians, or emergency contacts in the event of such emergencies. The primary focus will be on securing prompt medical or safety assistance for your child. If you do not agree with this clause, please do not enroll your child in the Class.

4. Refunds:

   4.1. No refunds will be provided for any Class fees paid, except in the event of cancellation by the Provider. If classes are canceled, provided it they are not rescheduled, you may receive a full refund of any fees paid unless you elect to utilize them as a credit to be used against future classes or for private coaching. 

5. Class Rules and Conduct:

   5.1. Participants are expected to adhere to all class rules and conduct themselves in a respectful and appropriate manner. Class rules will be provided to all participants on the first day of class.

   5.2. Provider reserves the right to dismiss a Participant from the Class without refund for behavior that is deemed disruptive, unsafe, or otherwise inappropriate. The parent will be notified immediately and must collect their child.

6. Termination of Enrollment:

  6.1. Provider may terminate a Participant's enrollment in the Class at its discretion for reasons including, but not limited to, non-payment, violation of Class rules, or disruptive behavior. 

7. Schedule Changes and Cancellations:

    7.1. Provider reserves the right to make changes to the Class schedule, curriculum, or location. Participants will be notified of any changes as soon as possible.

    7.2. Provider may permanently cancel the Class due to unforeseen circumstances or insufficient enrollment. In such cases, a full refund will be provided, you elect to utilize the refund as a credit to be used against future classes or for private coaching. 

8. Medical Information:

   8.1. You are responsible for providing accurate medical information about your child, including any allergies or medical conditions, to the Provider. This information will be kept confidential but may be shared with appropriate staff for safety reasons.

9. Privacy Policy:

   9.1. Participant and parent/guardian information collected during registration will be used solely for Class administration and communication. Provider will not share this information with third parties without consent, except as required by law.

10. Non-circumvention, Non-Disclosure, and Non-Compete:

   10.1. You agree not to circumvent, avoid, or attempt to circumvent or avoid Provider (Captivating Speakers Global) by directly or indirectly contacting, dealing with, or soliciting any instructors, employees, or agents of said Provider for any purpose unrelated to the Class, including but not limited to engaging them in a competing venture or business.

   10.2. You acknowledge and agree that all materials, class content, and teaching methods provided by Provider] are proprietary and confidential. You shall not, at any time during or after the Class, disclose, use, or reproduce such materials, content, or methods for any purpose other than your child's participation in the Class.

   10.3. You agree not to engage in any competing business, enterprise, or teaching endeavor that directly competes with Provider or utilizes substantially similar materials, content, or methods for a period of two years from the last day of your child's participation in the Class.

   10.4. In the event of any breach of this non-circumvention, non-disclosure, or non-compete clause, you agree to pay the Provider liquidated damages in the amount of One Hundred Thousand Dollars, as well as any attorney's fees and court costs incurred by Provider in enforcing this clause.

11. Returned payments and Non-Payment:

   11.1. All payments for the Class must be made in full upon registration. If a check is submitted for payment and is subsequently returned due to insufficient funds or any other reason, you will be responsible for reimbursing the Provider for any associated bank fees, as well as the outstanding Class fees. The same holds true for “Chargebacks” in the case of credit card payments. 

   11.2. In the event of non-payment or delayed payment of Class fees, Provider reserves the right to charge interest on the outstanding balance at a rate of 5% per month, accruing, or the maximum rate permitted by law, whichever is lower.

   11.3. If it becomes necessary for the Provider to engage legal counsel or take legal action to recover unpaid fees, you agree to reimburse the Provider for all reasonable attorney's fees and court costs incurred.

   11.4. Provider may also employ the services of a collection agency to recover unpaid fees, and you agree to pay any collection fees, including but not limited to collection agency fees, in addition to the outstanding Class fees.

12. Governing Law:

    12.1. These Terms are governed by and construed in accordance with the laws of Riverside, California. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts in this Jurisdiction.

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13. Severability Clause:

If any provision or part of this agreement is found to be unlawful, unenforceable, or void, for any reason whatsoever arising, that specific provision or part shall be deemed severable from the remaining provisions of this agreement, and such finding shall not affect the validity, and enforceability of the other provisions. The parties intend that all other provisions of this agreement remain in full force and effect, and the agreement shall be construed as if the severed provision or part was never a part of this agreement.

By enrolling in the Class, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you do not agree with any part of these Terms, please do not enroll your child in the Class.