Waiver Terms and Conditions of agreement: I, the undersigned being the lawful parent and/or guardian of the above-named Child, hereby consent to the participation by the Child in the activities curriculum, programs, and care (the “Program”) conducted by XP League, and its directors, officers, employees, agents, and authorized personnel (collectively, the “Provider”), and to the participation of the Child in all events related to said Program. My consent is subject to and with a full understanding of the following terms and conditions: I. Services Provided. In exchange for the payment(s), assumptions of risk, releases of liability, and/or waivers of liability described below, Provider agrees to provide the following Program(s) to Child, in accordance with the dates and times evidenced therewith: a coding enrichment curriculum for children ages 5 to 14 and/or an esports program for children ages 7 to 17. Provider reserves the right to dismiss any Child that acts with conduct in violation of the Program and Provider’s direction and rules of conduct. Grounds for dismissal shall be for reasonable cause, as determined in the sole discretion of Provider, and such dismissal shall not relieve Parent of any duties or payment obligations thereafter or entitle Parent to any refund. Each participant agrees to abide by the Program rules of conduct and to be courteous and respectful of other participants and instructors. Provider reserves the right, in its sole and absolute discretion, to immediately dismiss, refuse or discontinue services if a Child or Parent: (a) Engages in conduct that Provider deems to be a violation of the Program and/or the rules of conduct displayed in the center, as amended from time-to-time; (b) Exhibits behavior that is disruptive, uncooperative, unsafe, defiant, or dismissive of instruction given by any person in authority; (c) Uses harsh, offensive or threatening language or engages in threatening behavior; and/or, (d) Poses a threat to self, staff or other participants. I/Parent acknowledge(s) that class space is limited, and that Provider will suffer harm if my Child is dismissed from the Program for any reason above, or for other reasonable cause. I hereby acknowledge and agree that I will be responsible for transportation and related costs if my Child is dismissed. Further, I/Parent will not be relieved of my payment obligations below, will not receive a refund and Provider may retain any prepaid fees as agreed upon liquidated damages. Furthermore, the Program requires active participation of Child in accordance with the Program’s curriculum; PROVIDER DOES NOT WARRANT ANY SPECIFIED SUCCESS RATE WITH RESPECT TO PARTICIPATION IN THE PROGRAM BY CHILD. PROGRAM IS NOT LICENSED WITH THE STATE OF COLORADO AND IS NOT CONSIDERED A CHILD CARE FACILITY, A DAY CARE FACILITY, OR A CERTIFIED AFTER-SCHOOL PROGRAM. AS SUCH, THIS FACILITY IS NOT SUBJECT TO AND PROVIDER IS NOT REQUIRED TO COMPLY WITH STATE LICENSING STANDARDS, MONITORING REQUIREMENTS NOR STATE IMPOSED REGULATIONS. PARENT ACKNOWLEDGES THAT THE CURRICULUM PROVIDED DOES NOT, AND WILL NOT, QUALIFY PROVIDER TO SERVE AS A CHILD CARE FACILITY, DAY CARE FACILITY NOR AFTER-SCHOOL PROGRAM NOW OR IN THE FUTURE. IF PROGRAM IS DESIGNATED AS SUCH BY THE STATE BECAUSE OF A CHANGE OF LAW, PROVIDER AGREES TO NOTIFY PARENT AND APPLY FOR ANY PERMITTED EXCEPTIONS OR MODIFY THE PROGRAM ACCORDINGLY SO THAT IT IS NOT CLASSIFIED AS A CHILD CARE FACILITY, AFTER-SCHOOL PROGRAM, DAY CARE FACILITY OR ANYTHING SIMILAR, AND PARENT AGREES TO ANY ACTION THAT IS IN FURTHERANCE OF THIS EFFORT. Student Pickup. Parent/Guardian will be provided with the beginning and end times of the Child’s Program. It is imperative that Parent/Guardian pick up Child from the facility at the Program pick-up time. In the event that Parent/Guardian is beyond 15 minutes late picking up Child at the end of the Program, Parent/Guardian agrees to pay $15 for each 15 minute increment and portion of 15 minute increment that they are late and agrees that this is fair compensation required to keep staff beyond the normal closure of the facility. Parent/Guardian agrees that Child cannot be released to anyone but Parent/Guardian unless the individual picking up Child is listed on the separate Pick Up Authorization or the Parent/Guardian has authorized self-release. II. Anti-bullying and Zero-Tolerance Policy. Parent/Child acknowledges that everyone has the right to feel physically and emotionally safe in the center. As members of the Code Ninjas community, Parent/Child will do everything reasonably possible to create and preserve a safe, healthy, and positive learning environment. As defined in this section, bullying refers to verbal acts (Ex: name calling, joking or making offensive remarks about religion, gender, ethnicity, sexual orientation or socioeconomic status), physical acts (Ex: punching, tripping, sexual harassment or assault or any unwanted physical conduct), or other acts of harassment or intimidation either in person or through other means such as electronically (Ex: spreading rumors or posting degrading, harmful, or explicit pictures, messages, or information using social media, email, text or other forms of electronic communication or cyberbullying) (collectively “Bullying”) with the policy called the “anti-bullying rule”). I/Parent and my Child understand that Bullying will not be tolerated (whether it be cyberbullying, physical or verbal acts, or any activity that disrupts the learning environment), that Provider may take corrective action to prevent or stop any such activity, and that a violation of the anti-bullying rule is a basis for immediate dismissal from the Program. Child agrees to notify Provider immediately if he/she becomes aware of Bullying or other harmful activity that occurs during the Program. a) Parent agrees to discuss the ongoing experience of the Child with the Child and to promptly notify Provider of any concerns or incidents. b) Provider reserves the right to amend this policy by modifying the rules of conduct maintained at Provider’s facility. Please check these periodically for updates and revisions to the anti-bullying policy. III. Photo Permission. I/Parent hereby grant Provider permission to use my Child’s likeness in a photograph, video, or other digital media (“photo”) in any and all its publications, including web-based publications, without payment or other consideration. I hereby acknowledge and affirmatively authorize Provider to use photo images of my Child. IV. Emergency Medical Treatment. In the event of a medical emergency, the Program staff will first use reasonable efforts to contact Parent/Guardian or other designated contacts of Parent/Guardian before administering or authorizing any treatment. However, Parent/Guardian understands that Provider does not have medical personnel available during Transportation or at the Facility. Parent/Guardian agrees and hereby grants Provider permission to authorize emergency medical treatment, if necessary, to Child. Parent/Guardian understands and agrees that Provider assumes no responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment. Parent/Guardian further states that there are no undisclosed health-related reasons or problems which preclude or restrict Child from use of the Transportation or the Program, Parent/Guardian further acknowledges that it is the sole responsibility of the Parent/Guardian to notify, inform, and update Provider of any medical conditions of Child, including but not limited to known drug and food allergies, known dietary restrictions, and other medical conditions. V. Acknowledgment, Acceptance, and Assumption of Risks. This document provides and imparts sufficient warning that dangerous conditions, risks and hazards inherent in utilizing the Transportation, the Program, and in any independent activities undertaken as an adjunct thereto. Parent/Guardian understands that the Child’s presence and participation in the Program and/or Transportation may expose them to such dangerous conditions, risks and hazards, which include, but are not limited to, automobile accidents, theft or destruction of personal property, personal injury of Child or Parent/Guardian at the Facility or during Transportation, including those injuries caused by another child, and all other foreseeable or unforeseeable injuries to Child or Parent/Guardian arising out of the Program and/or the Transportation. On behalf of myself and my Child, I, the undersigned Parent/Guardian, voluntarily sign this Waiver and Assumption of Risk on behalf of myself and my Child in favor of Provider, in consideration for the opportunity to have my Child participate in the Program(s) offered by Provider and/or utilize the Transportation, and engage in other activities sponsored by Provider, including but not limited to: interactions with staff and other students, interaction with computer technology and the internet, consumption of food, and any indoor or outdoor activities related to the curriculum or Program(s). Parent/Guardian hereby attests and verifies the Parent/Guardian has been sufficiently advised of the potential risks, and Parent/Guardian has full knowledge of the risks of Child’s involvement in these activities. Parent/Guardian assumes any expenses incurred in the event of an accident, illness, or other incapacity, regardless of whether Parent/Guardian has authorized such expenses. Knowing the dangers, hazards, and risks of such activities and in consideration of being permitted to utilize the Transportation and/or Child’s participation in the Program, Parent/Guardian also agrees to assume all risks inherent of Child’s noncompliance with the Transportation Rules and/or conduct in violation of the laws of the State of Colorado, as well as any code of conduct applicable to the Program students in general. VI. Severability. Parent/Guardian agrees that this Release shall be construed in accordance with the laws of the State of Colorado. If any term or provision of this Release shall be held illegal, unenforceable, or in conflict with any governing law, the validity of the remaining portions shall not be affected thereby. All provisions of this Agreement are binding upon Parent/Guardian, Parent/Guardian’s heirs, successors and assigns and the estate. VII. Warranties. By signing this agreement, Parent/Guardian represents and specifically warrants the following: (a) I am the parent or legal guardian of Child, and have full authority to execute this Agreement; (b) I have had ample opportunity to read this Agreement and have so done; (c) I fully understand and voluntarily agree to each term of the Agreement; (d) I am under no duress or requirement to sign this Agreement; (e) I have not been induced to sign this Agreement by the statement or conduct of Provider; (f) I have the personal mental competency and legal capacity to understand and enter into this Agreement on behalf of myself and Child; and (g) I am over the age of 18. VIII. Release of Liability. THIS IS A RELEASE OF LEGAL RIGHTS. READ AND BE CERTAIN YOU UNDERSTAND THE FOLLOWING BEFORE SIGNING: PARENT/GUARDIAN DOES HEREBY, IN ADVANCE AND IN CONSIDERATION OF THE SERVICES TO BE PROVIDED BY PROVIDER, WAIVE, RELEASE, ACQUIT, FOREVER DISCHARGE THE PROVIDER, ITS OWNERS, DIRECTORS, AGENTS, EMPLOYEES, AND ALL PERSONS AND ENTITIES THEREOF, FROM ANY/ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSS OF SERVICES, EXPENSES, AND COMPENSATION, ON ACCOUNT OF OR IN ANY WAY GROWING OUT OF, ANY AND ALL KNOWN OR UNKNOWN PERSONAL INJURIES, PERSONAL PROPERTY DAMAGE, OR DEATH RESULTING FROM MY CHILD’S ATTENDANCE OF THE PROGRAM OR TRANSPORTATION TO THE FACILITY, INCLUDING THOSE ARISING FROM THE NEGLIGENCE OF THE PROVIDER, ITS OWNERS, DIRECTORS, AGENTS, EMPLOYEES, AND ALL PERSONS AND ENTITIES OF. FURTHERMORE, PARENT/GUARDIAN COVENANTS NOT TO SUE PROVIDER IN CONNECTION WITH ANY ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSS OF SERVICES, EXPENSES, AND/OR COMPENSATION AS A RESULT OF ANY PERSONAL INJURIY, PROPERTY DAMAGE, OR DEATH. SHOULD PARENT/GUARDIAN OR PARENT/GUARDIAN’S SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION TO THIS AGREEMENT, PARENT GUARDIAN OR PARENT/GUARDIAN’S SUCCESSORS SHALL BE LIABLE FOR THE EXPENSES INCLUDING LEGAL FEES INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING UNLESS THE PARTY OR PARTIES ARE ADJUDICATED FINALLY LIABLE ON SUCH CLAIM FOR WILLFUL AND WANTON NEGLIGENCE. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND THE TERMS OF THIS RELEASE ARE CONTRACTUAL AND NOT A MERE RECITAL. THIS RELEASE EXTENDS TO AND INCLUDES, BUT IS NOT LIMITED TO, ALL DAMAGES OF EVERY KIND, COMPENSATORY, STATUTORY, CONTRACTUAL, AND UNDER WARRANTY, ALLEGEDLY OCCURRING BOTH IN THE PAST AND WHICH ALLEGEDLY MAY OCCUR IN THE FUTURE, WHICH COULD BE ASSERTED BY PARENT/GUARDIAN, CHILD, OR BY OTHERS CLAIMING DAMAGES FROM ANY INJURIES PARENT/GUARDIAN OR CHILD MAY SUSTAIN AS A RESULT OF PARENT/GUARDIAN’S EXECUTION OF THIS AGREEMENT OR CHILD’S PARTICIPATION IN THE PROGRAM OR TRANSPORTATION; THESE INCLUDING ALL PREJUDGMENT AND POST-JUDGMENT INTEREST; AND ANY AND ALL OTHER ALLEGED DAMAGES, ALL LOSSES AND EXPENSES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, AND WHICH ARE OR MAY BE ATTRIBUTABLE TO PROVIDER OR PROVIDER’S EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS, ALL OF WHICH ARE RELEASED HEREIN. IX. Arbitration. Provider and Parent/Guardian agree that any and all claims, controversies, breaches or disputes arising from or related to this Agreement, including those pertaining to the formation, construction, performance, applicability, interpretation, or enforceability of this Agreement, or any claim or assertion that all or part of this Agreement is void or voidable, shall be settled by binding arbitration according to the procedures of The Federal Arbitration Act. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this agreement. The arbitrator may consider the testimony and evidence presented by the parties through any or all of the following types of hearings: documentary hearing, teleconference hearing, or through a standard scheduled hearing physically-attended by the parties and legal counsel if any. The Parties also agree that any award tendered by the arbitrator may be entered as a judgment in the United States court in and for the district within which such award was made and enforceable as an order of said court and the Parties hereby submit to the venue and jurisdiction of that court for purposes of enforcement of any arbitration award.