MAKERKIDS – TERMS & CONDITIONS
Your membership plan will have a monthly billing date matching the date of your first class (though the first month’s payment will be processed immediately). Each payment covers your classes until the next bill. Membership continues to renew each month until you cancel it. After completing registration you will be automatically enrolled in that time-slot every week (though it may take some time to update online).
CANCELLATION: You may cancel your membership subscription any time after the minimum commitment has passed (i.e. your monthly payment has been made). If you do decide to stop coming, please keep in mind when you want your last of the recurring payments to be as you will have paid for classes up to that date in the following month. You will need to contact us at [email protected] to request to cancel, and we require you to give 1 month’s notice before your final billing date.
MISSING CLASSES: If you’re not able to make it to one of your classes there is no need to make any changes within your account. Contact us via https://makerkids.com/makeup and we may be able to schedule you into a makeup class, pending availability and in accordance with our Make-up Policies. See https://www.makerkids.com/faq for more detail. We cannot provide refunds for missed classes.
IMPORTANT: Parents and guardians are responsible for their children during class. MakerKids is open 15 minutes before and after class. Parents are responsible for ensuring their kids are able to access the virtual classroom. We cannot monitor what kids are doing off screen or out of the virtual classroom and do not take responsibility for the actions outside of our stated class times.
EQUIPMENT: Your child will require a desktop or laptop, a pair of headsets or headphones with a mic and internet access.
HOLIDAYS: Parents/guardians are responsible for checking holidays for closures. We will send an email and post on social media regarding closures.
ACKNOWLEDGEMENT OF RISK, WAIVER & INDEMNITY
IMPORTANT NOTICE: BY AGREEING TO THESE TERMS & CONDITIONS YOU ARE ACCEPTING RISKS AND AGREEING TO GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. DO NOT AGREE TO THESE TERMS & CONDITIONS UNTIL YOU HAVE READ IT, COMPLETELY UNDERSTAND IT, AND AGREE TO ALL OF ITS TERMS
I/We, parent(s)/guardian(s) of the Participant, acknowledge that the Participant has been offered an opportunity to participate in a program operated by MakerKids Inc. (the “Program”). I understand that in this form, “MakerKids” includes MakerKids Inc., its employees, officers, directors, partners, representatives, agents, servants, subsidiaries, shareholders, parent or affiliate corporations, successors, assigns, and any volunteers. I/We acknowledge that I/We have read a description of the Program and understand all of the inherent and potential risks of the intended activities related to the Program.
I/We also understand that Participant’s participation in the Program involves Participant’s use of facilities and equipment at the Program, and participation in the activities offered at the Program.
The activities at the Program may include, but are not necessarily limited to:
- Low-energy activities such as: coding, robotics and electronics, computer skills, design and engineering
Participation in the Program including each of the activities involves a risk of injury or death and/or damage to or loss of property. Participants must assume these risks. All of the risks cannot be listed on this Form, but may include the possible conduct of other participants, whether it is negligent or intentional.
ACKNOWLEDGEMENT & ASSUMPTION OF RISK
I/We accept any and all risks, including the risk of injury or death and/or damage to or loss of property associated with Participant’s participation in the Program. I/We hereby provide my full, voluntary and informed consent to the Participant’s participation in the Program.
WAIVER, AGREEMENT NOT TO SUE AND INDEMNITY:
In exchange for MakerKids allowing Participant’s participation in the Program, I/We agree to the following:
- To waive any and all liability, of any kind, of MakerKids, including for MakerKids’ negligence or vicarious liability, if any, resulting from Participant’s participation in the Program;
- That I/We will not commence or participate in any type of claim or lawsuit against MakerKids in any way related to Participant’s participation in the Program; and
- That I/We will completely defend, indemnify and hold harmless MakerKids for any claims or lawsuits against MakerKids by any person or corporation in any way associated with Participant’s participation in the Program, including any claims or lawsuits commenced in a personal capacity or by any legal person as a representative of me/us or the Participant.
I/We understand that MakerKids will be facilitating Activities of the Program. I/We understand that despite all reasonable precautions being in place to provide proper organization, supervision and equipment for all Activities, circumstances may arise which are not foreseeable or which are beyond MakerKids’ control. I/We understand and acknowledge that MakerKids is not responsible for any damages caused by the delay or failure to perform or complete any Activities or to provide any aspect of the Program when such delay or failure is due to fires, strikes, floods, acts of God, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.
RULES AND REGULATIONS
I/We acknowledge that MakerKids has a policy of “I’ll come. I’ll make something. I’ll help others and stay safe.” I/We have explained to Participant that they must use the virtual facilities, tools, and materials in a safe way, and to alert fellow participants, mentors, and/or program leaders when facilities, tools, and materials are being used in a way that could cause harm to themselves or others.
I/We acknowledge that parents are not allowed to sit in on classes, unless previously agreed in writing.
I/We acknowledge that while participants are welcome to use their own accounts for Scratch, Minecraft and other programs used in the Program’s classes, MakerKids is not responsible if the Participant shares their logins and passwords or if logins become known. MakerKids will not access Participant’s account without a participant’s permission. MakerKids recommends that participants know their logins and that they logout once class has concluded.
I/We acknowledge that if Participant is not able to make it to class one week and will therefore be attending less than four that monthly billing period, I/we can try to have one missed class rescheduled. I/We acknowledge that I must fill out the form at makerkids.com/makeup at least 72h before the class to be missed (or before the start of the class the day of if ill) and MakerKids will contact me/us if they find space. I/We acknowledge that MakerKids cannot provide a refund for missed classes.
I/We acknowledge that I/we are responsible for Participant outside of class. MakerKids is open 15 minutes before and after class. I/We acknowledge that I/we are responsible for escorting Participant inside and outside of the MakerKids virtual classroom. I/We acknowledge that MakerKids cannot monitor Participant out of the virtual classroom, and MakerKids will not be held responsible for Participant’s actions outside of stated class times.
I/We acknowledge that any behavioural misconduct will result in immediate removal from the Program with no money refunded.
I/We agree that any violation of the rules of MakerKids by the Participant, or any behaviour or health status that puts the Participant or others at physical or emotional risk may result in the dismissal of the Participant from the Program at the sole discretion of MakerKids. I/We agree to accept financial responsibility for any costs incurred should the Participant be sent home or dismissed from the Program for any reason.
I/We consent to photos and videos of the Participant being captured and displayed at the Program by MakerKids for the purpose of informing parents of the day’s activities and their child’s progress.
I/We acknowledge that the Program may be cancelled if too few people register. I/we will have the option of the registration being turned into a MakerKids credit, or receiving a refund in full.
I/We acknowledge that MakerKids offers full refunds for any after-school program or birthday party cancellations more than 15 days in advance of the start date. Summer camp cancellation must be done on or before June 15th. After that point refunds are contingent upon MakerKids being able to fill the seat. I/We acknowledge that no refunds whatsoever are offered for same-day cancellations.
If you have registered within 15 days before your program start date, we cannot issue a refund (only credit may apply). To cancel your membership, please contact us to confirm the cancellation one month prior to your desired final bill.
I/We acknowledge that MakerKids will close to the public for weather emergencies. In the case of weather emergency, MakerKids staff and volunteers may still access the building, but staff will not be on duty, and classes will be cancelled. Closings will be posted online, and I/we will be emailed if our class is affected. MakerKids will attempt to reschedule any classes cancelled due to emergency, but if MakerKids is unable to reschedule or Participant is unable to make the newly scheduled class, Participant will have the option of your registration being turned into a MakerKids credit, or receiving a refund in full.
I/We agree to this Cancellation Policy.
EXCLUSIVE JURISDICTION, APPLICABLE LAW AND CLASS ACTION WAIVER
I/We agree that any dispute relating to the Participant’s participation in the Program shall be litigated, if at all, before the Superior Court of Ontario located in Toronto, Ontario. The applicable law to be applied to any dispute shall be the law of the Province of Ontario.
I/We waive any and all rights to participating in a class action lawsuit against MakerKids.
If any provision of this agreement is held by a Court to be unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Form shall remain in full force and effect as drafted.
By checking the “I accept the terms and conditions box”, you indicate your acknowledgement and acceptance of all of the above
MAKERKIDS ASSUMPTION OF RISK & RELEASE
THIS IS A LIABILITY RELEASE
PLEASE READ CAREFULLY BEFORE AGREEING.
Assumption of Risk and Release. You agree that you and/or your child(ren) is voluntarily participating in the MakerKids Inc Program with full knowledge of the risks of doing so, such as the risks of injury, property damage, or death resulting from the use of potentially dangerous tools or materials. You further agree to release MakerKids Inc, the Program sponsors and suppliers and their respective officers, directors, employees, agents, and exhibitors (collectively, “we” or “us”) from any and all liability, claims, damage, or demands arising from or related to your/your child(ren)’s participation in the MakerKids Inc Program except to the extent of any legal caused directly by our wrongful or negligent conduct not contributed to by your own conduct.
Recordings. You acknowledge that the MakerKids Inc Program events may be recorded in audio, visual, and/or audiovisual media and in consideration of being able to participate (or have your children participate in the MakerKids Inc Program) you consent to the making and use of such recordings (in whole or in part) by MakerKids Inc and/or its licensees for any purpose. You release MakerKids Inc and its licensees from and waive any claims related to or arising by reason of the making and/or use of any such recordings. You grant to MakerKids Inc the irrevocable right and license to use your name and likeness in connection with the use of the recordings, including to publish, broadcast and display the same, without additional compensation to you or your child(ren).
Participation. You understand your goal is to define a project and work with other participants and collaborators to exhibit your completed project (or evidence of what you’ve accomplished to that point). You agree to use the virtual facilities, tools, and materials in a safe way, and to alert fellow participants, mentors, and/or program leaders when virtual facilities, tools, and materials are being used in a way that could cause harm to themselves or others. You will provide others with assistance or helpful feedback when you see a way their project could be improved, if such feedback is welcomed. You agree to tell program leaders changes you’d make to the program to improve future workshops. That is: I’ll come. I’ll make something. I’ll help others and stay safe.
Parents are in charge of checking for holidays and class times.
Arrival. Parents and guardians are responsible for their children outside of class. MakerKids is open 15 minutes before and after class. The virtual classroom will be open at the time of your child’s scheduled class. Parents are responsible for escorting their children to the virtual classroom. We cannot monitor kids over 15 minutes outside of class time and do not take responsibility for the actions outside of our stated class times.
Communication. Instructors or any other camp/program staff may contact parent or guardian for more information regarding health, technical difficulties, safety or any missing information.
Safety Factors. You grant MakerKids Inc full authority to take whatever actions they may in their sole judgment consider to be warranted under the circumstances regarding your child(ren)’s health and safety during participation in the MakerKids Inc Program and you understand that MakerKids Inc may suspend or terminate access to the MakerKids Inc Program or access to any servers or given accounts at any time in their sole discretion including for safety or due to weather conditions.
Cancellations. Your class may be canceled if too few people register. A decision will be made a few days before the class is scheduled to run, and you will be notified of the cancellation and you will have the option of your registration being turned into a MakerKids credit, or receive a refund in full.
Emergency Closings. MakerKids will close to the public for weather emergencies. In the case of a weather emergency, staff and volunteers may still access the building, but staff will not be on duty, and classes will be canceled. Closings will be posted online, and you will be emailed if your class is affected. We will attempt to reschedule any classes canceled due to an emergency, but if we are unable to reschedule or you are unable to make the newly scheduled class you will have the option of your registration being turned into a MakerKids credit, or receiving a refund in full.
Refunds. There is a $50 fee for any camp changes. Cancellation must be done at least 15 days of the class start date – you will have the option of your registration being turned into a MakerKids credit or receiving a refund in full. If you have registered within 15 days of your program start date, we cannot issue a refund (only credit may apply). Summer camp cancellation must be done on or before June 15th – you will have the option of your registration being turned into a MakerKids credit or receiving a refund in full. After that point refunds are contingent upon MakerKids being able to fill the seat. No refunds whatsoever are offered for same-day cancellations. To request a refund for a class, please email [email protected]
Missing Classes. If you’re not able to make it to class, you are able to make up the class in the same week, space depending. Fill out the makeup form at makerkids.com/makeup to reschedule. We cannot provide a refund for missed classes. If your schedule changes and would like to switch classes, you are permitted if there is space.
I UNDERSTAND AND ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS PARTICIPATION AGREEMENT AND UNDERSTAND ITS CONTENTS AND THAT MAKERKIDS INC IS RELYING ON THIS WAIVER TO ALLOW MY CHILD(REN) TO PARTICIPATE IN THE MAKERKIDS INC PROGRAM. I UNDERSTAND THAT MY SIGNATURE BELOW EXPRESSLY WAIVES ANY RIGHTS I HAVE TO BRING A CLAIM AGAINST OR SUE MAKERKIDS INC OR ITS AGENTS FOR PERSONAL INJURIES, DEATH OR PROPERTY DAMAGES UNLESS PERSONAL INJURY OR DEATH IS DUE TO MAKERKIDS INC NEGLIGENT OR WILFUL MISCONDUCT. I FURTHER UNDERSTAND THAT THIS IS A CONTRACT THAT LIMITS MY LEGAL RIGHTS AND THAT IT IS BINDING UPON ME, MY HEIRS AND LEGAL REPRESENTATIVES.