Single Subject Agreement
June 29, 2021 2024-03-26 20:57Single Subject Agreement
EDUEXPLORA EDUCATIONAL PROGRAM
This agreement (the “Agreement”) is by and between the undersigned Participant (“Participant”) and Participant’s custodial parent or legal guardian (if Participant is under 18) (“Custodial Parent”), and EDUEXPLORA INTERNATIONAL LLC (“Eduexplora”) with respect to the educational program organized by Eduexplora on the dates and location set forth below (referred to herein as, the “Program”).
W I T N E S S E T H
WHEREAS, Participant and Custodial Parent are voluntary participants in the Program; and
WHEREAS, in order to participate in the Program, Participant and Custodial Parent recognize that certain behavior is expected and required of Participant and Custodial Parent; and
WHEREAS, as a condition to enter the Program, Eduexplora requires that Participant and Custodial Parent execute this Agreement.
NOW, THEREFORE, in consideration of the terms, covenants and conditions set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby conclusively acknowledged, Participant and Custodial Parent agree as follows:
- The Program. Participant and Custodial Parent recognize that Participant has been selected to participate in the Program set forth in Exhibit A, attached hereto and incorporated herein. The Program is an educational program held in conjunction with instructors affiliated with Stanford, UC Berkeley and Yale University and other top universities. (the “Organization”). The starting date, length and location of the Program are set forth in Exhibit A.
- Participant Information Guide. Participant and Custodial Parent acknowledge and agree that they have received the Participant Information Guide (the “Guide”) from Eduexplora and are familiar with the contents contained therein. Participant and/or Custodial Parent confirm they have signed an acknowledgement receipt for the Guide. The terms of the Guide are incorporated into this Agreement and made a part hereof. In the event of a discrepancy between this Agreement and the Guide, the terms of this Agreement shall govern.
- No Liability; Code of Conduct. Participant and Custodial Parent are apprised that Eduexplora shall not be subject to claims or suit to be made by or on behalf of Participant or Participant’s heirs, representatives or assigns as a consequence of Participant’s participation in the Program. Participant shall not engage in inappropriate conduct including the use of physical force or verbal abuse, abuse of the customs or mores of the community, or unauthorized absences from classes or other activities.
- Assumption of Risk.
a) Participant and Custodial Parent are responsible for researching and evaluating the risks he/she/they may face and are responsible for his/her/their actions. Any activities that Participant may take part in, whether as a component of the Program or separate from it, will be considered to have been undertaken with Participant’s and Custodial Parent’s approval and understanding of any and all risks involved. This includes, but is not limited to, risks associated with the consumption of alcoholic beverages and/or drugs or other intoxicants (whether legal or illegal).
b) It is the intention of Participant and Custodial Parent that this assumption of all risks shall be legally binding and a complete bar to Participant, Participant’s heirs, personal representatives, relatives and assigns. This assumption of risk applies to all activities arising out of, associated with or resulting directly or indirectly from Participant’s participation in the Program, including but not limited to those risks listed above.
c) Participant and Custodial Parent further recognize, understand and agree that neither Eduexplora nor the Program assume responsibility for any liability as regards damage or injury that may be caused by Participant’s negligence or willful acts committed during participation in the Program.
- Adherence to Standards. Participant and Custodial Parent agree to abide by all Eduexplora and Guide policies, rules, and regulations and to all other laws, rules and regulations including, but not limited to, Participant Information, Rules for Participants, and Eduexplora’s Code of Conduct (which are incorporated herein as though set forth entirely herein). Participant must maintain a conduct of academic integrity, honesty and responsability.
The Parties to this Agreement acknowledge and agree that Eduexplora provides a service, consisting of the coordination, recruitment and collection of information in order to facilitate the admission of students who participate in the Program. Likewise, the Parties acknowledge and agree that once the Participant’s application is accepted to pursue the Program, Eduexplora collaborates in order to provide information and background that allow the Custodial Parent of the Participant to meet the requirements for participation in the Program.
- Participant Conduct. The following activities are prohibited during the course of the Program. This clause shall be read in conjunction with any limitations or prohibitions set forth in the Guide.
a) Show, sale, use, consumption or possession of alcohol, tobacco products and illicit drugs is strictly prohibited. Participant shall refrain from drinking alcoholic beverages or using narcotic or psychotropic substances and shall refrain from attending the Program under the influence of alcohol or narcotic or psychotropic substances.
b) Electronics, such cellphones or tablets should not be used during class time or at any other time that requires their attention to be directed toward program activities (both academic and recreational). The program encourages all participants to engage fully in activities and to socialize with others in the program; therefore, excessive use of electronic devices for social networking, emailing, talking on the phone or playing games is not allowed, unless required by the instructor.
c) Appropriate dress code is required at all times.
d) Adherence to the Code of Conduct (as detailed in the Guide) is required. Participant and Custodial Parent acknowledge and agree that Participant must comply with the Code of Conduct at all times. Failure to do so may result in the early termination of Participant’s participation in the Program.
e) Participant shall treat classmates, teachers and others involved with the Program with the utmost respect. The foregoing implies refraining from carrying out opinions or performing acts that insult others, or using gross or obscene, denigrating or abusive language or physical or verbal expressions. Participant shall also refrain from engaging in sexual, moral or any other type of harassment, and refrain from committing acts of violence or intimidation (whether physical or psychological) as against any person.
- Termination and Expulsion from the Program. The Parties acknowledge and agree that during the Term of the Program, the violation of the Eduexplora’s Code of Conduct, the Guide and/or the prohibitions or requirements described in this Agreement, may result in Participant’s expulsion from the Program. In such event, the Guide contains disciplinary procedures, which include a process of evaluation of the situation, wherein a determination of a violation of the Program Terms, Code of Conduct or the Guide, Participant’s right to participate in the Program may be terminated without the right to a refund, credit or reimbursement of any monies paid by Participant and/or Custodial Parent for participating in the Program. Eduexplora shall inform the Participant and Custodial Parent in the event of a violation by Participant of: i) the Eduexplora’s Code of Conduct; ii) the obligations described in this Agreement and/or iii) the Guide. Eduexplora shall comply the instructions given in relation to the sanctions to be applied. Additionally, Eduexplora or its representative may, at their sole discretion, terminate Participant’s participation in the Program at any time, including during the Program for the following reasons: inappropriate conduct or other behavior by Participant deemed detrimental to the best interests of the Program, or health or safety considerations. Such termination shall not diminish or otherwise alter Participant’s or Custodial Parent’s obligation to make any payment required for the Program, nor shall Eduexplora be required to make any refund.
8. Release of Claims.
a) In consideration of being accepted into and/or participating in the Program, Participant and Custodial Parent agree for Participant and on behalf of Participant’s heirs, executors, administrators, employers, agents, representatives, insurers, and attorneys, to release and discharge Eduexplora of and from any and all claims which may arise from any cause whatsoever, including any negligent act or omission by Eduexplora or others. Participant and Custodial Parent further release and discharge Eduexplora, its officers, agents, owners and employees from liability for any accident, illness, injury, loss or damage to personal property, or any other consequences arising or resulting directly or indirectly from Participant’s participation in the Program. The Participant and Custodial Parent acknowledge and agree that Eduexplora assumes no responsibility for any liability, damage, or injury that may be caused by Participant’s negligent or intentional acts or omissions committed prior to, during, or after participation in the Program, or for any liability, damage, or injury caused by the intentional or negligent acts or omissions of others, including other participants.
b) Participant and Custodial Parent intend that both the assumption of risk and the release of claims be complete defenses to any and all actions, claims or demands that Participant, Participant’s heirs or legal representatives have or may have against Eduexplora for injuries to person or property, including death, as a result of activities for which the Participant has assumed risks and/or released and/or waived claims.
9. Media Waiver.
a) Participant and Custodial Parent hereby grant Eduexplora permission to use participant’s name, photographic and/or videographic images and photographic and/or videographic images of Participant’s work product (research posters, final presentations, speaking engagements), if applicable, provided or captured as part Eduexplora, in any way, in all media now known or later invented for any educational or publicity purposes. Participant and Custodial Parent understand that Eduexplora intends to make information about or images of Participant available on the Internet for public access and information, and hereby grant permission for such publication and use. Participant and Custodial Parent further grant permission to the photographer/videographer who captures any such image/footage described above to include the photograph or video in a portfolio (in any form in any media) of the photographer’s/videographer’s work. Participant and Custodial Parent release Eduexplora and Eduexplora’s assigns and licensees from any claims that may arise regarding such specified use of Participant’s image and/or biographic information, including any claims of defamation, invasion of privacy, rights of publicity or copyright. Eduexplora is permitted, although not obligated, to include Participant’s name as a credit in connection with the image. Further, Participant and Custodial Parent understand and agree that Eduexplora is not obligated to utilize any of the rights granted in this Agreement.
b) Participant and Custodial Parent understand that any academic projects produced while participating in a Program may be used for publicity purposes and/or as a resource for prospective students.
- Indemnification and Hold Harmless. Participant and Custodial Parent hereby agree to indemnify, defend, and hold harmless Eduexplora from any injury loss or liability whatsoever including reasonable attorneys’ fees and/or any other associated costs, from any action, claim, or demand that Participant, Participant’s heirs or legal representatives, has or may have for any and all personal injuries Participant may suffer or sustain, regardless of cause or fault as a result of, arising out of, associated with, or resulting directly or indirectly from Participant’s voluntary participation in or decision to participate in the Program, travel to and from the Program and any and all related activities, on or off of the Program’s This Agreement is intended to be all encompassing.
- Physical Condition. Participant and Custodial Parent attest that Participant is physically and mentally capable of participating and has no known health restrictions that might jeopardize her/his safety or health or the safety or health of others during their participation in the Program.
- Program Modification and Cancellation. Eduexplora reserves the right to cancel or modify the Program before or during its operation for any reason, including emergencies, low enrollment, or unavailability of facilities or personnel.
- Severability. It is understood and agreed that, if any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or applications. To this end, the provisions of this Agreement are declared severable.
- Governing Law and Venue. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida. The venue for any action arising out of this Agreement shall be the County of Miami-Dade, in the State of Florida, USA. The parties agree to submit to jurisdiction in Miami-Dade County, Florida and waive any claim or defense of forum non-convenient or inconvenient forum.
- Construction and Scope of Agreement. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any This Agreement is the only, sole, entire, and complete agreement of the parties relating in any way to the subject matter hereof. No statements, promises, or representations have been made by any party to any other, or relied upon, and no consideration has been offered or promised, other than as may be expressly provided herein. This Assumption of Risk, Release of Claims, Indemnification, and Hold Harmless and Agreement supersedes any earlier written or oral understandings or agreements between the parties and shall survive termination hereof.
- Counterparts; electronic signatures. This Agreement may be signed by each party hereto upon a separate copy in which event all of said copies shall constitute a single counterpart of this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. Any party may execute and deliver this Agreement by fax or electronic signature, which shall have the same binding effect as an original ink signature. By adding an electronic signature and date to the Participant’s Online Student Page, the Participant and Custodial Parent acknowledge that he/she/they have read this Assumption of Risk, Release of Claims, Indemnification and Hold Harmless Agreement, understand its meaning and effect, and agree to be bound by it.
- Attorneys’ Fees. If arbitration or litigation is brought concerning this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party, and the non-prevailing party shall upon final judgment and the expiration of all appeals immediately pay upon demand, all reasonable attorneys’ fees and expenses of the prevailing party.
18. WAIVER OF JURY TRIAL. IF LITIGATION IS BROUGHT TO ENFORCE THIS AGREEMENT, EACH PARTY KNOWINGLY AND INTENTIONALLY WAIVES THE RIGHT IT HAS TO A TRIAL BY JURY. THE PARTIES AGREE THIS PROVISION IS A MATERIAL INDUCEMENT TO THE PARTIES’ ENTERING INTO THIS AGREEMENT.
IN WITNESS WHEREOF, Participant and Custodial Parent have caused this Agreement to be executed and delivered effective as of the date set forth below or in electronic form.
EDUEXPLORA INTERNATIONAL LLC:
Arie Rapaport CEO
Eduexplora International LLC EIN 61-1771449
March 2024
EXHIBIT A: PROGRAM SPECIFICATIONS
PROGRAM NAME: After School Online Program
PROGRAM LOCATION: Online
PROGRAM TERM
Course Date and Time
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