This Agreement concerns classes offered by Futurelink and taken by Customer or by Customer’s minor child(ren.)
In consideration of the mutual promises and covenants contained herein, Customer agrees as follows:
1. Permitted Use, Schedule of Dates and Times; Fees. The permitted use, schedule of dates and times, and fees is identified on the website https://www.futurelink.com/rules-policies/
2. Restrictions. Customer is responsible to provide supervision for all children while on or within 100 feet of the premises where classes are offered. Futurelink shall not be responsible for any injuries to Customer, to Customer’s child(ren)ren or to property while child(ren) are on or adjacent to the premises.
3. Release and Indemnification. As consideration for allowing Customer and Customer’s minor child(ren) to attend classes offered by Futurelink, Customer hereby releases, waives, discharges, and covenants not to sue Futurelink, its agents, officers, directors, employees and contractors from any and all damages, actions, suits, claims, or other costs (including reasonable attorney fees) arising out of or in connection with any damage to any property or any injury or death caused to any person, including Customer or Customer’s child(ren), caused by Customer or Customer’s child(ren)’s use of the Property, including any acts or omissions on the part of Customer or Customer’s child(ren)., Customer hereby indemnifies and holds harmless Futurelink, their employees, agents, heirs, successors and assigns from any and all damages, actions, suits, claims, or other costs (including reasonable attorney fees) arising out of or in connection with any damage to any property or any injury or death caused to any person, caused by Customer or Customer’s child(ren)’s use of the Property, including any acts or omissions on the part of Customer or Customer’s children. Customer shall immediately notify Futurelink of any damage or injury of which they have knowledge in, to, or near the premises, regardless of the cause of such damage or injury.
4. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of California, without regard to conflicts of law principles.
5. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FUTURELINK BE LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF ENJOYMENT OR EMOTIONAL DISTRESS, , HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) IN NO EVENT SHALL FUTURELINK’S TOTAL LIABILITY TO CUSTOMER OR CUSTOMER’S CHILD(REN) EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER TO FUTURELINK.
6.1 Governing Law. This Agreement shall be governed by the laws of the State of California.
6.2 Jurisdiction. The courts located in Orange County, California shall have sole and exclusive jurisdiction and venue to adjudicate over any actions relating to the subject matter of this Agreement. The parties hereto consent to the exclusive jurisdiction of the courts specified above, and expressly waive any objection to the jurisdiction or convenience of such courts save that each party has the right to seek interim or final injunctive relief or other similar relief in the jurisdiction where the alleged instigating event occurred.
6.3 Waiver. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
6.4 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
6.5 Force Majeure. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent performance is rendered impossible due to causes beyond such party’s reasonable control.
6.6 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument.
6.7 Section Headings. The Section headings contained herein are for convenience of reference only and shall not be considered as substantive parts of this Agreement. The use of the singular or plural form shall include the other form and the use of the masculine, feminine or neuter gender shall include the other genders.
6.8 Interpretation. In construing or interpreting this Agreement, the word “or” shall not be construed as exclusive, and the word “including” shall not be limiting The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party and that ambiguities shall not be interpreted against the drafting party.
6.9 No Third Party Rights. Nothing in this Agreement is intended to be construed as giving any right and/or benefit to any third party.
6.10 Customer agrees to be bound by all of the rules and regulations of the Company as posted on the web
6.11 Entire Agreement. The provisions of this Agreement, including any Exhibits, constitute the entire agreement between the parties with respect to the subject matter hereof, and this Agreement supersedes all prior agreements or representations, oral or written, regarding such subject matter. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party.
CUSTOMER OR PARENT/GUARDIAN