THIS TERMS OF SERVICE AGREEMENT (“Agreement”) is made between NYC STEM Club, Inc. (“Center”) and any person (“Parent” or “Parents”) who completes the registration and enrolls in the Center’s academic, educational, consulting and/or other services (“Services”). Parent is the legal guardian, or caretaker of the Student, who engages and uses the Services provided by NYC STEM Club. Center, Parent, and Student are collectively referred to as the “parties.”
BY CLICKING THE ACCEPTANCE BUTTON OR USING ANY PART OF NYC STEM CLUB’S SERVICE, THE PARENT EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
Parents acknowledge that it is the policy of NYC STEM Club to notify a parent when a child is ill or needs medical attention. If NYC STEM Club cannot contact a parent and it is reasonably determined that the child is in need of immediate medical attention, the parent and/or guardian hereby authorizes NYC STEM Club to take the child to the nearest emergency service or call 911/ambulance for help. Parents hereby consent to this procedure and further agrees to pay all costs incurred.
Enrollment for all NYC STEM Club group courses and/or pre-packaged private lessons is for the entire term of the program. The Parent agrees to pay the full amount of the tuition and/or fees before the commencement of group courses and/or private lessons. Installment plans for semester and full-year group classes and/or private lessons are not available. Additionally, NYC STEM Club makes binding staffing arrangements and other provisions upon enrollment of the Student. Therefore, NYC Stem Club cannot offer refunds in the event of the Student’s withdrawal from enrolled classes (group or private) for any reason. If the Student does not attend a group class, irrespective of prior notice, the Parent acknowledges and understands that NYC STEM Club cannot offer a refund for the class missed. In unavoidable circumstances such as, but not limited to, relocation, where a withdrawal is required, the prorated, unused portion of the tuition will remain on file as a credit to be used within one year from the date of the withdrawal for any of our equivalent programs.
NYC STEM Club makes binding staffing arrangements and other provisions upon enrollment of the Student, regardless of which program (group classes or private lessons) the Student enrolls in. If the Student or Parent wishes to alter a previously agreed upon private lesson schedule, the Parent must notify the Center 48 hours prior the commencement of the class (group or private). The Center will not reschedule any private lesson at the request of the Student without express consent from the Parent. Without a 48-hour notice of rescheduling or cancellation, the Parent understands the Center reserves the right to bill the Parent for the private lesson even if the Student does not attend the class. For semi-private lessons (groups of 2 students), both students must agree to reschedule the class and alert the Center with 48-hours’ notice. Otherwise, the semi-private lesson will remain in effect and the Student who cannot attend the class will not be able to receive a refund. If the Student wishes to schedule a make-up session, it will be billed as a private lesson. For group classes, the Center cannot alter the schedule for any individual student. If the Student does not attend a group class, irrespective of prior notice, the Parent acknowledges and understands that the Center cannot offer a refund for the class missed.
From time to time, due to personal and/or other reasons, the Parent may request for the Student to join in-person classes remotely via online video conferencing platforms such as Zoom. It is NYC STEM Club policy for the Parent to notify the Center no later than 24 hours prior to the scheduled class for instructors to plan accordingly. Otherwise, the Center cannot guarantee that it can or will accommodate the Student via remote learning on the day of the scheduled class. A request to join class remotely must be made by the Parent; the Student may not request this accommodation without the express consent of the Parent. To the extent possible, NYC STEM Club may record the class for the Student to review on his/her own time. However, the Parent acknowledges and understands that NYC STEM Club does not guarantee this accommodation and has the sole discretion to offer this option on a case-by-case basis.
In the event the Student joins group or private classes remotely, the Parent consents to video recordings of the Student by the Center. Such recordings will be utilized only for training and educational purposes by NYC STEM Club Faculty and Students.
The Center may hold classes remotely via distance-learning and/or may utilize various software applications and web-based services to deliver its curriculum (the “Online Services”) when requested by the Parent or when group courses are listed as hybrid learning (where some students opt to participate in classes remotely via online video conferencing platforms such as Zoom). In order to use the Online Services, the Student may be required to register in these systems using personally identifying information—generally their name and email address. During periods of remote-learning and when otherwise using the Online Services, Center faculty may communicate with students electronically through email, instant messaging services through the various Online Services, and/or through videoconference. The Parent acknowledges and consents to the Student’s participation in distance-learning and provide permission for Center personnel to communicate with the Parent and the Student via electronic communications. The Parent further authorizes the Center to provide consent for the Student’s use of the Online Services on the Parent’s behalf and to provide the Student’s basic information to the Online Services when required to do so by judicial or law enforcement authorities.
When reasonably practicable, the Center will attempt to respect the Parent and Student’s privacy. The Center will not monitor, edit, or disclose any personal information about Parent or Student, including its contents or Parent’s use of the Service, without Parent’s prior consent unless Center has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of the Center; (iii) enforce this Agreement; (iv) protect the interests of Parents of the Service other than the Parent or any other person; or (v) operate or conduct maintenance and repair of the Center’s services. The Center does not provide information in aggregate form collected from and relating to Parent and Student to third persons such as advertisers and sponsors.
The Parent understands and agrees that the execution of this Agreement is not contingent upon any particular program, curriculum, method of instruction delivery, instructor, and the Parent understands that the Center retains the right to modify its programs, curriculum pacing and/or subject-matter, or instructors at its sole and exclusive discretion. The Parent further agrees that, while the Center remains committed to the academic excellence and the personal growth of each of its students, the Center does not and cannot guarantee the improvement of academic success or social readiness of any individual Student, and that the Center does not and cannot guarantee that the Student will succeed in meeting minimum academic performance standards used to assess student readiness in public, independent, and/or private schools. The Parent also agrees that the Center does not guarantee success in raising and/or improving any form of summative or formative assessments, including but not limited to in-school exams and placement tests, state exams, AP exams, and/or competitive middle school, high school and college entrance exams.
Additionally, while the Center may provide differentiated curriculum and accommodations based on various Student needs, the Parent agrees that the Center does not and cannot diagnose any learning disability and/or social-emotional needs. Moreover, by entering into this Agreement, the Parent holds the Center harmless for any differentiated services that it does provide to the Student.
As part of NYC STEM Club’s consulting services, admissions counseling (“Consultant ”) refers to school and college admissions preparation services.
Consultant responsibilities include: (i) in depth interviews including collection and review of educational and personal histories, school records, and educational testing results; (ii) professional analysis of students’ interests, strengths, skills, and academic and extracurricular goals; (iii) family conferences regarding school preferences and strategies for applications; (iv) extensive research of schools and programs and list of potential schools tailored to students’ abilities, interests, and needs; (v) scholarship research on an as needed basis; (vi) advice on securing letters of recommendations; (vii) development of “to do” list for educational testing, school visits, application completion; (viii) review of appropriate timelines and school planning checklists; (ix) provide guidance with applications, essay brainstorming, edits, and review.
Consultant responsibilities do not include: (i) completing school and scholarship applications; (ii) guaranteeing school placement or acceptance to any school as all admission decisions are made solely by the educational institutions; (iii) creating or writing any part of the application or essays; (iv) influencing admissions officers; (v) submitting applications.
In order to provide a safe and welcoming learning environment, to the extent possible, NYC STEM Club strives its best to serve and accommodate different learning and academic needs. However, if the Student is consistently unprepared, uncooperative, disruptive, inconsiderate, or disrespectful to anyone in class or at the Center, NYC STEM CLUB reserves the right to cancel enrollment with no refund of tuition. Under this Agreement, the Parent understands that partial refund of tuition may be provided but is not guaranteed and will be solely determined by the Center on a case-by-case basis.
Homework will be assigned in both group and private classes. Students are expected to not only complete their homework, but to do so with integrity , fidelity and consistency, meaning they must apply the strategies and lessons taught in class on their homework. Students are also responsible for maintaining and organizing their own collection of homework and classwork packets, including their assessments, reflection logs, and additional resources. If a Student repeatedly throws away or loses NYC STEM Club materials and later requests soft versions of the lessons, NYC STEM Club reserves the right to impose an administrative fee to replace the materials.
A positive, collaborative, and constructive relationship between NYC STEM Club and Parent or other individuals interacting with the Center by virtue of their relationship with the Student (“Affiliated Individuals”) is essential to the mission and learning environment at the Center.
Therefore, the Center may take any and all actions necessary to ensure the smooth and successful operation of the Center in all matters as it may apply to the Student, Parent, and/or Affiliated Individuals. If Parent and/or Affiliate Individual behavior, communication, or interaction both on or off-Center (including Center-sponsored events) either in person or via digital or electronic means (such as email, online or social media) with the Center and Center employees is disruptive, intimidating, overly aggressive; reflects a loss of confidence in or serious disagreement with the Center that manifests in disrespectful behavior towards the Center’s faculty or staff; is noncompliant with policies, procedures, and recommendations made by the Center; imperils the Center’s educational purpose or program through defamatory remarks either in person or online; threatens the health, safety or well-being of the faculty, staff, and community at the Center; or is otherwise inconsistent with commitments and obligations shared by members of the Center community, the Parent understands and agrees that the Center has the right to cancel enrollment with no refund of tuition at the Center’s sole and exclusive discretion. Additionally, the Parent understand and agree that the Center reserves the right to place restrictions on Parental and/or Affiliated Individual involvement with any activity, programming, and/or curriculum at the Center, on Center property, or at Center-related events, should the Parent engage in behavior that the Center determines, in its sole and exclusive discretion, to warrant such a restriction.
COVID-19 is contagious and believed to spread via person-to-person contact. Following federal and state health agencies, NYC STEM Club uses social distancing and various other measures to mitigate the risk of contracting the virus. The Center implements reasonable preventative protocols, policies and procedures designed to reduce the spread of COVID-19. Therefore, Students and Parents are expected to comply with these protocols in order to reduce the risks of contracting or spreading the virus at the Center.
Despite the safety protocols and measures in place to mitigate the risk of COVID-19 transmission at the Center, there remains the inherent risk of Students, Parents, or other individuals becoming infected with COVID-19 as a result of the Student’s presence at the Center. These risks include but are not limited to exposure to COVID-19, becoming infected with COVID-19, or becoming a symptomatic or asymptomatic carrier of the virus. It is possible that the Student is already an asymptomatic carrier of the virus before coming to the Center and the Student may infect faculty, other students, or other individuals at the Center as a result of the Student’s presence at the Center. It is also possible that other students at the Center are asymptomatic carriers of the virus and may infect the Student as a result of his/her presence at the Center.
Any person who receives a positive diagnosis of COVID-19, including the Student or the Student’s family member, may be requested to practice an extended quarantine or self-isolation, undergo additional tests, medical care, and/or may face hospitalization, other potential complications, and the risk of death. Therefore, by allowing the Student or any affiliated individuals to come to the Center for any reason, Parents understand, acknowledge, and voluntarily assume these risks on behalf of themselves, the affiliated individuals, and the Student.
Additionally, the Parent grants NYC STEM Club permission to administer temperature checks via non-contact infrared thermometers at the entrance. Should the Student present with Covid-like symptoms at the Center (including but not limited to sore throats, headaches, runny nose, joint pain, chills, fevers etc.) the Student will be required to put on a mask for the safety of other students and staff members. NYC STEM Club also reserves the right to send the Student home should the Student’s temperature rises above 100º Fahrenheit.
The Parent hereby expressly agrees to not hire, employ, contract, or retain the services of any NYC STEM Club instructors for instruction of any kind outside the Center while the Student is enrolled at the Center. This includes, and is not limited to, tutoring and/or related services academic or otherwise. In addition, this restriction remains in effect for a period of thirty-six (36) months after completion and/or discontinuation of the Student’s enrollment at the Center. The Parent also agrees and understands that the Parent may not share tutors’ names, cell phones, emails, or any other contact information with friends, family, classmates, directly or indirectly for any kind of private solicitation of academic services and/or services of any kind. The Parent is aware that the tutors are bound to non-compete agreements with the Center and these agreements will be strictly enforced. If approached by any NYC STEM Club instructors offering tutoring services that are not affiliated with Center, for the duration of this agreement, the Parent understands and agrees to not accept their services and will immediately notify NYC STEM Club.
The Center is normally closed for major NYC DOE holidays including: Labor Day, Thanksgiving (Thursday, Friday, Saturday & Sunday), Christmas break, Martin Luther King Jr. Weekend, Mid-winter break (including Lunar new year), Spring Break and Memorial Day Weekend.
The Parent acknowledges and agrees that in the event of any failure, delay or modification in the Center’s performance or delivery of its program under this Contract resulting from causes beyond the Center’s reasonable control and occurring without its fault or negligence, including without limitation, acts of nature, fire, pandemic, U.S. government restrictions, wars, and insurrections, the tuition obligations under this Agreement shall continue and the Center shall not be liable for any such failure or delay in its performance. The Parent understands that Center schedules may be extended for a period of time equal to the time lost due to any delay so caused and/or classes may be conducted via remote-learning and/or weekend classes may be scheduled, at the Center’s discretion.
The Parent agrees to release the Center, faculty, staff, and agents (Hereinafter “Released Parties”), from all claims, liability and damages that the Parent or the Student may have for personal injuries, illnesses, medical expenses, theft or damage of personal property, or other loss resulting from Student’s presence at the Center. The Parent agrees that this release includes personal injury, illness, medical expenses, or other losses caused by or resulting from negligence, active or passive, of the Released Parties. However, this release does not apply to liability for gross negligence, willful injury, or fraud, and is not intended to release any insurers, if any, or non-agent third parties of any responsibility for any claims that may otherwise be asserted.
Additionally, the Parent acknowledges, understands, and agrees that any dispute arising out of or relating to the making or performance of this Agreement or any transaction pursuant to this Agreement, shall be settled through binding arbitration (the cost to be shared by both Parties), in accordance with the laws of the State of New York without regard to its choice of law principles. Such arbitration shall be conducted in New York City in accordance with the commercial arbitration rules of the American Arbitration Association. The Parent acknowledges and agrees that NYC STEM Club’s maximum liability to the Student for any reason, including breach of contract, gross negligence or any other claim or cause of action is the amount of tuition paid for the current term only. Claims against NYC STEM Club or any NYC STEM Club’s instructors are to seek a full or partial refund of tuition paid for current term only.
If the Parent fails to make any payment under this Agreement when due, and the Center undertakes collection efforts to collect the payment (including but not limited to efforts in-house, with the assistance of third parties, or through legal action), the Parent agrees to pay all expenses incurred by the Center, including collection costs and/or the Center’s attorneys’ fees and any other related costs.
Moreover, in all other legal actions arising under this Agreement between the Center and the Parent, the non-prevailing party shall pay the reasonable attorneys’ fees and other costs and expenses of the prevailing party in such amount as may be determined. Additionally, the non-prevailing party shall be responsible for any reasonable attorneys’ fees incurred by the prevailing party in enforcing, or on appeal from, a judgment in favor of the prevailing party. Notwithstanding anything in this Agreement to the contrary, the provisions of the preceding sentence are intended to be severable from the balance of this Agreement, shall survive any judgment rendered in connection with such legal action, and shall not be merged into any such judgment.
Additionally, if, as a result of the Center’s relationship with the Student or the Parent, the Center or any member of its faculty or staff is required to testify, provide information for, or otherwise participate in a legal dispute to which the Center is not a party, the Center shall be entitled to recover from the Parent the Center’s attorneys’ fees, costs incurred in such legal action, and costs incurred by the Center as a result of the collection of documents, coverage of faculty, staff or others absent from classrooms or other Center responsibilities or other associated costs. The Center at its discretion may require the Parent to make an upfront payment to the Center for the estimated legal fees and costs, which may be adjusted as necessary at the end of such proceedings.
This Agreement constitutes the entire Agreement by and between the Parties and correctly states the rights, duties, and obligations of each party as of this Contract’s date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. Furthermore, all subsequent modifications shall be in writing and signed by the parties.