GUARDIAN AGREEMENT

 

This agreement is between ElevateU Incorporated (hereinafter referred to as the “Company”) and The Individual’s Guardian. 

 

I, (Guardian Name) ____________________, the legal Guardian of (The Individual’s Name)____________________, agree to the following: 

 

1. COMPANY OBLIGATIONS

   1. I understand that the Company agrees to the following: 

   2. Supply all tools, equipment, and supplies required to properly perform the Services.

   3. Provide services that are satisfactory and acceptable; and 

   4. remove, replace, or correct all or any equipment that is found defective or unsuitable. 

 

1. COMPANY SERVICES

   1. I understand that the Company will perform the Services in a safe, good, and skillful manner using at all times adequate equipment in good working order; and 

      1. the Company has the sole right to control and direct the means, details, manner, and method by which the Services will be performed, and the right to perform the Services at any time, place, or location; and

      2. they are not required to hire, supervise, or pay any assistants to help the Facilitator perform those Services.

   2. I understand that the Company’s curriculum is subject to change as is needed. 

   3. I agree that the Company, and all of its contributors, have full permission 

      1. to coach and provide information to the child I am assuming responsibility for through the course platform. 

   4. I understand that the curriculum provided within this Program is a reflection of 

      1. the creator’s personal beliefs, and thoughts. 

   5. I understand that the students will receive information, advice, and guidance 

      1. regarding all the topics listed in the curriculum, including serious topics such as depression and anxiety, and I understand that other topics may be added in the future. 

   6. I understand that the students will be given an open space to discuss 

      1. challenges that they are facing and that the Facilitator has no control over what the students will bring up in conversation; nevertheless

      2. if the Facilitator deems the topic of conversation to be inappropriate or unsafe in any way, he or she will direct the conversation back to safety.  

   7. I also understand that the information provided does not guarantee behavioral 

      1. changes of any kind, and that that sort of change is entirely dependent upon the individual. I understand that each student is fully responsible for their actions and any behavioral changes that may arise after using our services. 

   8. I understand that the Company, including all authors and staff, only have 

      1. the intention of helping the students realize their full potential and any 

      2. information provided is done so with the good intention of helping and aiding the student’s emotional well-being.

 

1. COMPANY CONFIDENTIALITY

   1. I understand that the Company will maintain the confidentiality of the students’ communications in this course as allowed by California Law. Exceptions, for instance, would be made if there was physical or sexual abuse of a child involved. Cases like this must be reported to Child Protective Services. I also understand that, by law, we must report to the authorities if a child is in danger of harming himself/herself or makes any kind of remarks implying threats towards another individual. If one of these extreme cases was to occur, the Facilitator would notify me via the email I provide. 

 

1. THE COMPANY’S COMMITMENT 

   1. The Company will embrace and commit to its values of: Respect, Kindness, Humility, Authenticity, Individuality & Service to Others and they will work hard to help the students adopt these values.

   2. The Company will work hard to provide them with the necessary knowledge and guidance needed to prosper in the adult world.

   3. The Company will provide a safe, growth-inducing, loving community where the students will have the best chance of growth and proper mental training. 

   4. The Company will provide a judge-free environment where students are encouraged to be themselves without fearing being judged based on superficial qualities, such as race, gender, religion, disability, or sexuality. 

   5. The Company will do their best to stay in communication with me and to respond to any emails or phone calls within a reasonable time frame. 

   6. The Company will work tirelessly to help the students reach their full potential. 

 

1. THE GUARDIAN’S COMMITMENT 

   1. I will give the Individual permission to take part in all the Company’s activities. 

   2. I give consent for the Company to evaluate the progress (or lack of) of the Individual. 

   3. I agree to be guided by the Company’s values: Respect, Kindness, Humility, Authenticity, Individuality & Service to Others. 

   4. I agree to support the Individual’s mental and emotional growth in any way that I can. 

   5. I authorize ElevateU and its contributors to call an ambulance during emergencies and give them full permission to release all medical and other confidential information about the Individual to health care personnel; furthermore, I designate Omaat Academy and its contributors harmless from any claim or lawsuit and agree that Omaat Academy will not be held liable for any injury, death or loss of damages that were to occur under such circumstance. 

   6. I agree to promptly notify ElevateU Inc. of any changes of personal, medical and or payment/billing information. 

   7. I understand that if my child is picked up 15 minutes or more late, a fee of $15 will be assessed for every 15 minutes of time that passes before parents or guardians arrive. Fees will not be reimbursed except in extreme cases beyond the parent's control. Examples include accidents, hostpitalizations, excused illnesses, or documented family emergencies. 

   8. I understand that I am responsible for providing a snack for my child on days they attend ElevateU. 

 

1. TERMINATION OF SERVICES

   1. Term. This agreement will become effective unless it is terminated earlier in accordance with subsection 6b, this agreement will continue until the Services have been satisfactorily completed;

      1. with the exception of the terms outlined in Section 14 “LIABILITIES” which have no expiration date and will be fully enforced even after the completion of the Services.

   2. Termination. This agreement may be terminated: 

      1. by either party within 3 days after completing the registration process by email to the other party, with or without cause; 

      2. by either party for a material breach of any provision of this agreement by the other party, if the other party's material breach is not cured within 7 days of receipt of written notice or email of the breach; 

      3. by the Company at any time and without prior notice, if the Guardian or student is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the Company, or is guilty of serious misconduct in connection with performance under this agreement.

   3. Effect of Termination. After the termination of this agreement for any reason,

      1. the Company reserves the right to deny any refund requests. 

 

1. NOTICES

   1. Writing; Permitted Delivery Methods. Each party giving or making any notice, 

      1. request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), or email.

   2. Addresses. A party shall address notices under this section to a party at the following addresses: 

To the Company: ElevateU Incorporated 

(Address)____________________________________________ 

(Zip Code) ______________ 

Email: lauren@letselevateu.com

 

If to the Contractor: 

Email: (The same email used in the registration process) 

Effectiveness. A notice is effective only if the party giving notice complies with subsections 7a and 7b and if the recipient receives the notice. 

 

1. COUNTERPARTS; ELECTRONIC SIGNATURES

   1. Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument. 

   2. Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, website, or other electronic medium (This includes agreeing to the terms and conditions via our website which is considered an electronic signature). These signatures must be treated in all respects as having the same force and effect as original signatures. 

 

1. FORCE MAJEURE

   1. The Company will not be considered in breach of or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party's reasonable control (each a "Force Majeure Event"). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable: 

      1. notify the other party of the Force Majeure Event and its impact on performance under this agreement; and 

      2. use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement. 

 

1.  SEVERABILITY

   1. If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable. 

 

1. GOVERNING LAW AND VENUE

   1. This agreement shall be construed and interpreted in accordance with the laws of the State of California, without regard to principles of conflicts of laws thereof of any other authority and jurisdiction which could cause the application of the laws of any jurisdiction other than the State of California. 

 

1. ARBITRATION AND DISPUTE RESOLUTION 

   1. You expressly waive your right to bring any legal claims or lawsuits, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, you agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Los Angeles, California within a reasonable amount of time. You agree to be bound by the decision(s) of the selected arbitrator and that the decision made by the arbitrator is to be final and binding on both parties. Said binding arbitration shall comply with and be governed by the provisions of the laws of the State of California unless the Parties stipulate otherwise. 

 

1. FURTHER ASSURANCES / LATE POLICY 

   1. I agree to take full responsibility for the Individual.

   2. I agree to ensure that the Individual arrives on time to the workshop and is picked up in a timely manner. 

   3. I understand that drop off begins 1 hour before the services begin and pick up time begins 10 minutes before the end of services.

   4. I agree to have arrangements made for the Individual to safely leave the facility no later than 10 minutes after the end of our services. 

   5. I agree to a late fee charge if the Individual is not picked up on time ($1 per minute) 

 

1. LIABILITIES

   1. I understand that this program is not intended to replace any psychological or  medical treatment of any kind. That this program is, by no means, intended to replace counseling, psychotherapy, mental health care or substance abuse treatment of any kind. 

   2. I understand that the Facilitators are not professional therapists, nor are they intended to be. 

   3. No liability is assumed for emotional or mental damages that may occur as a 

   4. result of participating in this program. Moreover, I agree to never hold the Company or any of its authors responsible for any reason.  

   5. I agree to hold harmless the Company and all its affiliates from any liabilities and claims that may arise from this student’s participation in the program. 

   6. By agreeing to the terms and conditions, I am stating that I have read, understood, and agree to all of the terms stated above which explain the paradigm in which the Company will operate.

 

1. ENTIRE AGREEMENT

   1. This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement.

 

1. EFFECTIVENESS

   1. This agreement will become effective when the Guardian has signed it. The date this agreement is signed by the Guardian will be deemed the date of this agreement

 

1. ELECTRONIC SIGNATURES 

   1. Electronic signatures shall have the same legal validity and enforceability as a manually executed signature to the fullest extent permitted by applicable law. 

 

Agreement, Consent and Acknowledgement of Membership Agreement.

 

In consideration of having my child or ward, who is the Individual under the terms of this Agreement, participate in the Company services, pursuant to this Agreement, and with the understand that the Individual is not of legal age to contract, the undersigned, as the parent or guardian of the Individual listed in this Agreement, hereby agree, for and on the Individual’s behalf, to the fullest extent permitted by law, for the Individual to be bound by all the terms and conditions of this Agreement. I further agree to cause the Individual to comply with such terms and conditions and to be responsible for any noncompliance by the Individual. I also agree to indemnify, defend and hold harmless the Company from any and all claims = arising out of the Individual’s acts, errors or omissions under this Agreement.

 

Guardian Name: _______________________

 

Guardian Signature: _______________________

 

The Individual Name: _______________________

 

Today’s Date: ____________