MEDICAL ISSUES
Upon registration, the Parent/Guardian is required to submit information to The Urban Coders about the Participant, including allergies, illnesses, medications (prescribed and over-the-counter), dietary restrictions, emergency contact information, gender, and date of birth. The Parent/Guardian will also provide the names and contact information for a primary and secondary contact person in case of emergency. The Parent/Guardian must also identify any medical condition or history that requires special attention or that could interfere with or otherwise affect the Participant’s ability to participate in The Urban Coders program activities. The information we collect is confidential and is used to aid the Program Director and Instructors in assessing crucial information regarding the Participant and the Participant’s ability to participate in The Urban Coders programs.
All Participants in The Urban Coders programs must be physically able to participate in activities including sports, games and computer instruction, and by enrolling the Participant in a The Urban Coders program the Parent/Guardian certifies that the Participant is in good health and able to participate in such activities. If the Participant requires any accommodation, limitation or restriction to participate in any activity, the Parent/Guardian shall provide detailed information regarding such accommodations, limitations and/or restrictions to The Urban Coders.
The Parent/Guardian hereby consents to the provision of medical treatment to the Participant, which may be deemed advisable in the event of injury, accident and or illness during a The Urban Coders program, and if deemed necessary or advisable, to arrange for emergency transportation for the Participant. The Parent/Guardian, and the Parent/Guardian’s insurer(s), will be solely responsible for the cost of any such medical treatment or transportation. The Parent/Guardian represents that the Participant will be covered by an active health insurance policy during the Participant’s enrollment in The Urban Coders activities and shall provide The Urban Coders with basic information regarding or evidence of such coverage upon reasonable request. The Urban Coders shall have no responsibility or liability for payment of the cost of any medical treatment given to the Participant, and the Parent/Guardian shall indemnify The Urban Coders against any such costs or expenses.
The Parent/Guardian shall report any and all injuries or illnesses of the Participant to the Program Director.
ASSUMPTION OF RISK
Physical and recreational activities such as sports, outdoor play, and other activities contain inherent risks. The Parent/Guardian and the Participant understand that there is risk of injury to the Participant, both known and unknown, as a result of The Urban Coders program activities and the Parent/Guardian and the Participant KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF SUCH INJURY, and assume full responsibility for the Participant’s participation in any such activities.
WAIVER AND RELEASE OF LIABILITY; INDEMNIFICATION
The Parent/Guardian, on behalf of itself, the Participant, and their respective heirs, assigns, personal representatives and next of kin, hereby waives, releases AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS The Urban Coders, and its owners, members, managers, officers, employees, partners, agents, representatives and facility providers, from any and all claims, demands, losses and liabilities for any injury, disability, death or illness, or any loss or damage to person or property (including theft of personal property or loss or damage to property by casualty), incurred while at a The Urban Coders program, whether resulting from the ordinary negligence of any such party or otherwise, to the fullest extent permitted by law.
LIABILITY AND INDEMNIFICATION FOR CONDUCT OF PARTICIPANT
The Parent/Guardian and the Participant shall be fully liable and responsible for the conduct, actions and behavior of the Participant during the Participant’s enrollment in a The Urban Coders program, and shall indemnify, defend and hold harmless The Urban Coders, and its owners, members, managers, officers, employees, partners, agents, representatives and facility providers, from any and all claims, demands, losses and liabilities relating to or arising out of such conduct, actions and/or behavior.
SEVERABILITY
If any provision or any part of any provision of these Terms and Conditions are held to be invalid or legally unenforceable for any reason, the remainder of these Terms and Conditions shall not be affected thereby and shall remain valid and fully enforceable to the maximum extent permissible under law. Further, the person making such determination shall have the power to modify any such term or condition found to be invalid, void or unenforceable (“blue penciling”) to the fullest extent permitted pursuant to applicable law to carry out the parties’ intent, and in its modified, reduced or blue penciled form, such term or provision shall then be enforceable and shall be enforced.
PHOTOGRAPHS, VIDEOS, TESTIMONIALS AND PUBLICITY
All images, testimonials, photos, video, and audio taken at or in connection with The Urban Coders are the sole and exclusive property of The Urban Coders. Except to the extent that the Parent/Guardian notifies the Program Director otherwise in accordance with this paragraph, the Parent/Guardian, for itself and on behalf of the Participant, hereby agrees and authorizes The Urban Coders and its designees to take photographs and testimonials and to make video and audio recordings of the Participant, and to use such media in promotional materials, marketing materials, and print and online media. These images, testimonials, photos, videos, and audio may be shared and used by partners of The Urban Coders, the media, or other organizations who work with The Urban Coders. You understand that The Urban Coders and its owners, members, managers, officers, employees, partners, agents, representatives and facility will not be liable for losses, expenses, claims, damages and/or injuries associated with any such usage or publication, including any and all claims based on ordinary negligence. If the Parent/Guardian does not permit The Urban Coders to use images, testimonials, photos, video, and audio of the Participant, he or she must notify the Program Director in writing no later than seven (7) days prior to the start of the applicable session.
THE URBAN CODERS CODE OF CONDUCT
It is a condition of participation in any The Urban Coders programming that the Parent/Guardian and the Participate agree to strictly adhere to this The Urban Coders Code of Conduct. By signing below, the Parent/Guardian, for itself and on behalf of the Participant, agrees to the following:
The Urban Coders has the right to dismiss any individuals if their actions or attitudes are deemed by the Program Director to be detrimental to a The Urban Coders program or unsafe (referred to herein as a “Dismissal for Cause”). There shall be no refunds issued for any such dismissal.
A Dismissal for Cause may be based upon any of the following: drug/alcohol/tobacco use; viewing pornography or any inappropriate material on the Internet; inappropriate language (e.g., swearing, offensive or threatening language, derogatory remarks or slurs); physical violence or threats of physical violence; intentional or grossly negligent damage to location facilities or equipment; stealing property of others; inappropriate use of equipment; harassment; Internet hacking; bullying; or other conduct deemed detrimental or unsafe by the Program Director.
The Urban Coders reserves the right to cancel any session. If a session is cancelled, a Participant may elect to apply all monies paid to his or her enrollment in another session. If no other session is available in the same county for the same dates, The Urban Coders will, upon the Participant’s request, issue a refund of all monies paid for enrollment in the cancelled session.
ACKNOWLEDGMENT OF ARBITRATION. These terms and conditions contain an agreement to arbitrate. By registering the Participant, the parties understand that, should either party so elect, they will not be able to bring a lawsuit concerning any dispute that may arise which is covered by the arbitration agreement, unless it involves a question of constitutional or civil rights.