1. Overview and Important Definitions:

Thank you for considering “Kids on the Yard” Tutoring and Kids Life Coaching, operated and maintained, as applicable, by Limitless Virtue LLC, a USA based company. 

Throughout this agreement, we may use certain words or phrases, and it is important that you understand the meaning of each. The list is not all-encompassing, and no definition should be considered binding to the point that it renders this Agreement nonsensical:

“Agreement” refers to these Terms of Service and Website use.

All services that we provide or that are offered through the “Website” or “this Website”, including Software as a Service, and In-Person, are referred to herein as “Services”.

“Site” refers to our website, https://kidsontheyard.com, and his affiliates domains.

“KidsOnTheYard” or “Kids on the Yard” or “Our Company” or “LimitlessV”, refers to our company, known as Limitless Virtue LLC; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used.

“You” refers to a parent or guardian who pays for access to the Services as well as the student who accesses or uses the Services. If you are a parent, guardian, or another person who enables a child to access the Services, you agree to stand in the shoes of such a child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.

If someone else is paying for (or authorizing) your tutoring account, you agree to print this document and hand it to them.

“Age of Majority” or “Minors”, refers to the age of the student, All states define an “age of majority”, usually 18. Persons younger than this age are considered minors and must be under the care of a parent or guardian unless they are emancipated.  In some states, a “minor” can mean a person under age 16, 17, 18, or 21.

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the site and your continued use of the site, Services and/or Software constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms as posted on the site.

1.1. Policies:

1.2. Documents & Waivers:

2. Services:

Tutor, coaches, extracurricular activities.

Through our Services, site, and Software, we enable users to connect with independent contractors such as and not limited: Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers. Who provide live, one-to-one instruction, tutoring, and learning services in our online classrooms (Tutoring Sessions). The Services include, without limitation, keeping track of users’ favorite Tutors, smart-matching users with the best available Tutors, facilitating and hosting Tutoring Sessions, and taking feedback from users.

As part of the Services, we may require all Tutors to pass a third-party verification service (“Verification Service”), which makes reasonable commercial efforts to confirm the validity of Tutors’ claimed educational credentials and lack of criminal history. We do not control and are not responsible for the Verification Service or any information provided by such Verification Service. Furthermore, we do not endorse or make any representations or warranties regarding the reliability of the Verification Service or Tutors.

You are solely responsible for all service, telephony, and/or other fees and costs associated with your access to and use of the Services and for obtaining and maintaining all telephone, computer hardware and other equipment required for such access and use.

The Services are available 360 days of each standard year, and 361 days of each leap year. The Services are unavailable on New Year’s Day, Independence Day, Thanksgiving Day, and Christmas Day. On those holidays the Services close beginning at 12:00 a.m. and they reopen at 2:00 p.m. on the following day (all times Eastern).

As an online service “Kids on the Yard” may periodically be unavailable as we perform regular maintenance and upgrades during the following times: 

10:00 p.m. to 9:00 a.m. (all times Eastern EST)

Kids on the Yard, respects, and honors all holidays, observances, traditions, beliefs, culture, religions and, etc. of our staff, Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers.  Therefore, each of our team members is permitted to select their schedules based on holidays, observances, traditions, beliefs, culture, religions, etc. and may affect the Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers’ availability.

3. Privacy Policy:

We are concerned about privacy and your privacy while accessing the site and using the Services. Please review our Privacy Policy on the site.

4. Registration Obligations:

To use the Services, you will need to register on the site, pay any applicable fees, and obtain an account, username, and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s), the username(s) and password(s) and for all activities and liabilities associated with or occurring under your account(s), the username(s) and password(s). You must notify us immediately of any unauthorized use of your account(s), the username(s) or password(s), and any other breach of security and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of the use of your account(s), the username(s), or password(s), either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account(s), the username(s) or password(s).

You may not transfer your account(s), username(s) or password(s) to another person, and you may not use anyone else’s account(s), the username(s) or password(s) at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the Services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account(s), we reserve the right to provide access to your account(s) and all information contained therein to such minor’s parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. (An exception to this is that we will never share your credit card information.) For additional information on how we use your information, please see our Privacy Policy. Your obligations with respect to registration are described below.

In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Services, or any portion thereof. You agree not to use the site, the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form Tutors or potential Consumers for employment or contracting for a business not affiliated with us without our advance written permission.

If you reside outside the United States, your registration indicates your explicit consent that the personal information you have provided may be transferred and stored in countries outside your home country—including the United States. Your personal information shall only be used in accordance with our Privacy Policy.

5. User Content:

Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us, the site, the Tutors/Teacher/Contractor or the Services by any means (“User Content”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, quality control and professional development, as well as our developing, manufacturing, and marketing our current and/or future Services. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the perpetual royalty-free, non-exclusive, worldwide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for any purpose. You agree that we may record all or any part of any Tutoring Sessions (including voice chat communications) for quality control and other purposes. We reserve the right to review the Tutoring Sessions for any purpose. Notwithstanding anything to the contrary above, you agree that we own all transcripts of Tutoring Sessions and all comments that you may provide to us on or through the site, the Services any other means as a part of user satisfaction or other similar surveys and that these Terms shall be deemed an irrevocable assignment of all such transcripts and comments, each portion thereof and all intellectual property rights therein to us.

6. Copyright:

You acknowledge that the Software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the site, the Software or the Services (collectively, the “Company Content”) are the proprietary works of us and/or our affiliates and/or third party providers and suppliers (Third Parties) and are protected, without limitation, pursuant to U.S. and foreign copyright laws. Except as expressly authorized by us or in these Terms, you may not copy, reproduce, publish, perform, distribute, disseminate, broadcast, circulate, modify, create derivative works of, rent, lease, sell, assign, sublicense, otherwise transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit the site, Company Content or the Services, in whole or in part. You will not, in any manner, without our prior written approval, decompile, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code of, the Software or any other Company Content, the site or the Services. You may not store any significant portion of any Company Content or the Services in any form, whether archival files, computer-readable files, or any other medium. You may not “mirror” any Company Content or the Services on any server. Any unauthorized or prohibited use of the Software, other Company Content, the site or the Services may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

You may download and print a reasonable number of copies of documentation provided or available in connection with the Company Content for noncommercial personal or educational use only and we grant you a limited, non-perpetual, revocable, non transferable, non-assignable, non-exclusive, royalty-free license to access and utilize the Services, the Software and the other Company Content for noncommercial personal or educational purposes while these Terms are in full force and effect; provided that (i) any permitted copies of documentation provided or available in connection with the Company Content contain, in an unmodified form, (a) all language designations contained in the materials originally provided to you by us indicating the confidential nature thereof and (b) all copyright or other proprietary rights notices contained in the materials originally provided to you by us and an original source attribution to us and/or the applicable Third Parties; and (ii) you will not modify of any of the Company Content except as approved by us in advance in writing. You acknowledge that we and/or Third Parties, as applicable, hold all right, title and interest in and to all tangible and intangible aspects of the Company Content, the site, and the Services, including without limitation, all patents, copyrights and trade secrets pertaining thereto, and that, except for the limited rights set forth above, you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Company Content or otherwise, including without limitation, by accessing or using the site, the Company Content or the Services. The rights granted to you herein are revocable by us in accordance with these Terms.

For more details, see:

7. Confidential Information:

You agree to safeguard the Company Content and the Services (collectively, Proprietary Information) and to prevent the unauthorized, negligent or inadvertent use or disclosure thereof. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity except for a limited number of your employees who are on a need-to-know basis and who agree in writing to be bound by the restrictions on use and disclosure set forth in these Terms or restrictions no less restrictive than these Terms. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.

8. Links:

The site or the Services may provide links to non-“Kids on the Yard” World Wide Web sites or resources (Third Party Sites). This may include Tutors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third-Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

9. Affiliate Disclosure:

From time to time, Kids on the Yard may promote some of his partners in different electronic channels. In these cases, a clear “Affiliate Disclosure Notice” will appear as required by the FTC.

10. Conduct:

You may only access the site and use the Company Content and the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You shall not upload to, distribute through, or otherwise publish through the site or the Services any content that you do not have the right to transmit or that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, otherwise objectionable, or that could constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You agree that you will not in any way: (i) interfere with the ability of others to access or use the Services; (ii) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to use the site or the Services; (iii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; or (vi) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. You agree that you will treat the tutors with respect and not use obscenities in the classroom, make threats, or discuss matters other than those directly related to the academic subject for which you seek help. You agree that you will not disclose any information to a Tutor that could be considered personally identifiable information, including your full name, address, telephone number, email address, social security number, password, or any other information that could be used to identify or locate you. A violation of this agreement may lead to a suspension of your account. Similarly, you agree that you will not solicit any such information from any tutor, and agree that if any tutor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.

You acknowledge that we may screen User Content and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content, including terminating tutoring sessions. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms or is otherwise objectionable. You agree and acknowledge that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any User Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.

You agree that if you access our system or Tutors through any method that is in any way improper, or allow anyone else to do so, you will pay us $50 per hour and any part thereof, plus all costs we incur related to detecting and investigating your improper action(s), for each hour or part thereof that you access or allow anyone else to access our system or Tutors. You agree that these costs may, at our sole discretion, include our inside and outside attorney time and fees as well as the fees of private and forensic investigators and all court and other costs associated with collecting the amounts you owe. For the purposes of the document, improper access means any access other than following our defined procedures for creating a valid account and paying for the tutoring you receive. Examples of improper access include (but are not limited to) using any means to circumvent our registration or payment systems, hacking our system in any way, sharing your account information with a third party (regardless of whether the particular third party can be identified), logging yourself or a third party in simultaneously, or failing to log yourself out after a session and (regardless of intention) thereby allowing others to access your account. Improper access also includes using any artifice or method (such as using multiple email accounts) to avoid paying for service. This may include, but is not limited to: using multiple email accounts, using multiple “get started” promotion codes or offers, deliberately keeping sessions under five minutes to avoid depletion of account minutes, and credit card fraud.

11. Supplies and Materials:

Kids on the Yard does not provide any materials that have not been ordered (separately from this agreement) and pre-paid in advance. This includes and not limited to:

12. Cancellation:

12.1. Cancellation of Lesson/Session by Parent/Guardian/Student:

The Parent/Guardian/Student may cancel the session(s)/lesson(s) by giving at least 24 hours prior notice to the Teacher/Tutor, in which case no tuition fees will be incurred. Lessons not attended by the student without giving 24 hours prior notice to the Teacher/Tutor shall be charged at the full rate.

All session(s)/lesson(s) are to be completed within a 30-day time-frame in accordance with the 1st-day of the session. If sessions are canceled on the part of the client/student (within the 24-hour policy), a makeup session must be arranged within seven (7) days, or those missed hours will be lost.

Fees are based upon the Student’s undertaking to attend all lessons as stipulated in the schedule above, and no discount or refunds shall be given in respect of lessons not attended by the Student.

Sessions/lessons packages cancellations: No refund on any package if they are limited in hours, day of service, time, and tutor(s), review the details of each package before canceling.

12.2. Cancellation of lessons by Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors and Trainers:

The Tutor may cancel lessons by giving 24 hours prior notice to the Parent/Guardian/Student, in which case no fees shall be incurred. Where a lesson was prepaid, the Tutor shall reschedule the appointment at a time agreeable to both parties, failing which the Client/Student shall be refunded with such a missed lesson fee.

All sessions are to be completed within a 30-day time-frame in accordance with the 1st-day of the session. If sessions are canceled on the part of the tutor, a makeup session must be arranged within seven (7) days, or those missed hours will be lost.

12.3. Late Arrival:

Fees are calculated according to the times stipulated in the schedule, and no adjustment shall be made for time lost because of late arrival by the Student. Students who arrive late will only be tutored for the remainder of the scheduled session. There will be no prolonged sessions.

Any lost time because of the late arrival of the Tutor shall be compensated for by extending a lesson by mutual agreement and by such amount of time that was lost.

12.4. No-Show Policy:

Students who are not present at the predetermined location when the Tutor, Teacher, Coach, Academic Coach, Extracurricular activities instructor, and trainer arrives or who are more than 15 minutes late are considered no-shows. If the student is a no-show, he or she is still responsible for payment for the tutoring session.  No discount or refunds shall be given in respect of lessons not attended by the Student.

Pay-per-session clients must present payment for the session in which he or she was a no-show and the following session in order for tutoring to continue.

12.5: PETS Policy.

If there are pets located in the designated tutoring location, please make sure that they are placed in an area so as not to disturb the tutoring sessions.

12.6. Inclement Weather:

In the event of inclement weather (snow, sleet, hail, flooding, tornado, hurricane, severe thunderstorm), we will leave it up to the discretion of the Client/Student and the Tutor as to whether or not a lesson will be held.  All clients have the option to use online tutoring as an option in lieu of cancellation due to inclement weather. Please communicate with your tutor on lesson days when there is inclement weather.  The Tutor shall reschedule the appointment at a time agreeable to both parties, should lessons be canceled due to inclement weather.

12.7.  Lost of internet connections during online sessions:

If the Tutor or the student lost his internet connections for more than 15 min, he is required to schedule a new session following the canceling policy.

No refund will be issued in case the user has lost connection due to the absence of Internet access, factory reset or updates.

13. Obligations of the Student:

The Student undertakes to assist the Tutor in identifying problem areas in which the Student needs specific tutoring.

The Student agrees to be prepared for every session by having all materials, utensils, homework, etc. ready and available in the designated tutoring location prior to the Tutor arriving.

The Student agrees that assignments, exercises, or homework form an integral part of tutoring and undertakes to complete such work timely.

14. Obligations of the Parent/Guardian:

The parent/guardian undertakes to be responsible for the student’s conduct and character during the tutoring sessions, including promptness, respectful behavior, and staying on task.

The parent/guardian is responsible for initiating any communication with the tutor.

The parent/guardian is responsible for getting the student to the session on time and for picking up the student promptly as soon as the session has ended.

The parent/guardian agrees to ensure that the student has completed all work assigned by the tutor within the timeframe given.

15. Obligations of the Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors and Trainers:

The Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers undertakes all preparation prior to lessons and to structure lessons in such a way as to optimize time to the benefit of the Student.

The Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers shall keep confidential all information of the Student and shall contact other parties involved in the education of the Student only if given written permission by the Student to do so.

The Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers shall not assign any of his/her duties or obligations under this tutoring contract to a third party without the written permission of the Student.

The Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers shall at no time be required or obliged to execute homework or assignments on behalf of the Student.

16. Refund Policy:

16.1. General Service, Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers Services:

Our policy has a full refund for all online services that are not involved in good and as long as we receive notification requested 24 hours before the meeting. All announcements must be made using our online system.

Our policy has a full refund for all in-person services that are not involved in good and as long as we receive notification requested 24 hours before the meeting. All announcements must be made using our online system.

Our policy has a full refund for all in-person packages services that are not involved in good and as long as we receive notification requested 24 hours before the meeting or notice of (10) ten days after the service began. All announcements must be made using our online system.

No shows or late cancellation, we will charge 50% of the total service price + Cancellation fees (processing rate of 5% with a minimum $2 charge)

16.2. Goods & Products:

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange.

All return items must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers, or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

Check out our lists of non-returnable items, or partial refund goods on our website. 

The updated list of non-returnable items can be located on our website https://kidsontheyard.com/refund-policy/ in the section related to goods and products.

16.3. Refund Policy Amendments:

Although most changes are likely to be minor, we (“Kids on the Yard”) may change its Refund Policy from time to time. We (“Kids on the Yard”) encourages visitors to frequently check this page for any changes to its Refund Policy. If we make changes, we will notify you by revising the change log below, and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you a notification through email or your dashboard). Your further use of the Services after a change to our Refund Policy will be subject to the updated policy.

17. Waiver of Liability and Hold Harmless Agreement:

1. In consideration for receiving permission to participate in this/these Prep Class(es) and/or Private Tutoring sessions, you hereby release, waive, discharge and covenant not to sue Kids on the Yard, Limitless Virtue LLC, and, his associates, tutors, teachers, employees, affiliates, and/or the facility where this activity is held (hereinafter referred to as releases) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or any of the property belonging to you, whether caused by the negligence of the releasees or otherwise, while participating in such activity or while in, on or upon the premises where the activity is being conducted.

2. You further hereby agree to indemnify and hold harmless the released from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to your participation in said activity, whether caused by the negligence of releasees or otherwise.

3. It is your express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of your family and spouse if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue the above-named releases.  You hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Florida.

4. You warrant and assure that you are at least 18 years of age and fully competent.  You acknowledge that the above constitutes the whole of our waiver of liability and hold harmless agreement and that no additional claims or representations have been made.

5. Employees of Kids on the Yard, including Teacher/Tutor/Contractors, reserved the right to refuse service at the location in cases of Broken equipment, poor advice, or other unsafe conditions, and it could be unintentional. In these cases, the employees, teachers, contractors obligated to inform the reason to the parents or to our office.

6. Kids on the yard will address any matter to the client/parent/guardian, the teacher/tutor/contractor and in some cases, the owner of the facility, in writing, or email, or phone call of a complaint received, in 24 hours from the moment of notification.

7. Our social workers, teachers, and tutors required to report any child abuse as stated in federal and state law. For more details refer to https://www.childwelfare.gov/pubPDFs/manda.pdf

17.1. In-Person Parent/Guardian/Student Waiver:

All Parents/Guardians and students over 18 years old (“Age of Majority”) must sign the COVID-19 Waiver before In-Person tutoring and/or other face to face activities.

Coronavirus (COVID-19) has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread primarily from person-to-person contact but may also spread from surface contact.

Consistent with the regulation in locations (City, state, or federal), we offer in-person services and we implemented preventative measures recommended by the CDC guideline to reduce the risk of spread of COVID-19. Despite those measures, Limitless Virtue LLC, Kids on the Yard cannot guarantee that the undersigned or your child(ren) (each a “Participant”) will not come into contact with other individuals who are infected with COVID-19 or that any Participant will not become infected with COVID-19.

COVID-19 SAFETY INFORMATION:

While participating In-Person tutoring and/or other face to face activities (the “Activity”) held or sponsored by the Limitless Virtue LLC, Kids on the Yard (“Kids on the Yard”)“social distancing” must be practiced and face coverings worn at all times to reduce the risks of exposure to COVID-19.  Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, “Kids on the Yard” has put in place preventative measures to reduce the spread of COVID-19.  However, “Kids on the Yard” cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19.

In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in “Kids on the Yard” In-Person tutoring and/or other face to face activities. By attending a “Kids on the Yard” tutoring, you certify that you do not fall into any of the following categories: 

1. __________ Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others.

2. __________ Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or  

3. __________ Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment. 

DUTY TO SELF-MONITOR:

Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact “Kids on the Yard” at coronavirus@kidsontheyard.com if he/she experiences symptoms of COVID-19 within 14 days after participating or volunteering with “Kids on the Yard”.

__________

LIABILITY WAIVER AND RELEASE OF CLAIMS:

I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with “Kids on the Yard”, and I willingly engage in “Kids on the Yard” In-Person tutoring and/or other face to face activities (the “Activity”).

__________

RELEASE AND WAIVER. 

I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE LIMITLESS VIRTUE LLC, KIDS ON THE YARD AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.

__________

ASSUMPTION OF THE RISK. 

I acknowledge and understand the following:

1. __________ Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;

2. __________ I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and

3. __________ I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.

MEDICAL ACKNOWLEDGMENT AND RELEASE.  

I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death.  I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention.  I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY. 

__________

As a participant, volunteer, or attendee, You recognize that your participation, involvement and/or attendance at any Limitless Virtue LLC, Kids on the Yard (“Kids on the Yard”) In-Person tutoring and/or other face to face activities (the “Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) the Limitless Virtue LLC, Kids on the Yard (“Kids on the Yard”), Inc. (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”).  BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

__________

List of Students and/or Participants
(18 years of age, all other cases, please write N/A.)
Child’s  full name
Child’s  full name
Child’s  full name
Child’s  full name
Child’s  full name
Name of Parent(s)/Guardian(s) responsible for student participants, if the student is under “Age of Majority” (18 years of age, all other cases, please write N/A.)*
Full Name and signature 
Relationship to the child’s
e-mail
Date – Date

17.2. In-Person Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers Services waiver:

Tutor, Teachers, Coaches, Academic Coaches, Extracurricular activities instructors, trainers, Employees, and Contractors must agree and sign each individual line separately:

https://kidsontheyard.com/wp-content/uploads/documents/in-person-instractor-waiver.pdf

Name of Tutor, Teachers, Coaches, Academic Coaches, Extracurricular activities instructors, trainers, Employees, and Contractors Participant:

Full Name and signature Date – Date

18. Termination:

18.1. Changing of Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers:

At any point in time, if the client finds that the Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers are not suitable, the client can inform Kids on the Yard to get a replacement. 

In case you decide to use your right to change a tutor after the first (1) lesson, no charge or fee attached for the replacement.

In case you decide to use your right to change a tutor after the second (2) lesson, you can do it by paying the registration tutor fee in the following link: https://kidsontheyard.com/product/registration-tutor-fee-usa/

18.2. Changing of Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers with a monthly agreement with a minimum contract length:

At any point in time, if the client finds that the Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers are not suitable, the client can inform Kids on the Yard to get a replacement. 

In case you decide to use your right to change a tutor after the first (1) lesson, no charge or fee attached for the replacement. In case Kids on the Yard could not provide a new tutor within seven (7) days, your account will be refunded minus the teacher’s first session cost.

In case you decide to use your right to change a tutor after the second (2) lesson, you can do it by paying the registration tutor fee in the following link: https://kidsontheyard.com/product/registration-tutor-fee-usa/

18.3. Canceling/Terminating of Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers:

This tutoring agreement may be terminated/changed by either party at any time by giving the other party (10) ten days prior written notice unless the tutors have provided us with false documentation of their qualifications, which results in immediate termination of the Tutor employment.

18.4. Canceling/Terminating of Tutor, Teachers, Coaches, Academic Coaches, Extracurricular Activities Instructors, and Trainers with a monthly agreement with a minimum contract length:

This tutoring agreement may be terminated/changed by either party at any time by giving the other party (14) fourteen days prior written notice unless the tutors have provided us with false documentation of their qualifications, which results in immediate termination of the Tutor employment.

You agree to pay the Tutor fee of a full two weeks of the monthly package from the day you request to terminate the agreement.

19. No Warranties:

While we Kids on the Yard, have the commitment to provide the best educational services possible, the Tutors & Teachers make no promises or warranties with regards to a Student’s performance as a result of any tutoring provided. In no event shall our obligations, expressed or implied, to any customer or site user, exceed those obligations specifically noted herein.

20. Disclaimer of Warranty; Limitations:

THE COMPANY CONTENT, THE SITE, THE SERVICES, AND EACH PORTION THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE COMPANY CONTENT, THE SERVICES, AND EACH PORTION THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE COMPANY CONTENT, THE SITE, THE SERVICES, EACH PORTION THEREOF OR ANY THIRD PARTY SITES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE, THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NEITHER WE NOR THIRD PARTIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE COMPANY CONTENT, THE SITE, THE SERVICES OR ANY PORTION THEREOF OR IN ANY REPORTS OF VERIFICATION SERVICES. YOU AGREE NOT TO HOLD US (OR OUR AGENTS, EMPLOYEES OR TUTORS) LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE, THROUGH ANY VERIFICATION SERVICE OR IN CONNECTION WITH THE COMPANY CONTENT, THE SERVICES OR ANY PORTION THEREOF.

21. Relaxation of Terms:

No relaxation, indulgence, waiver, or release by any party of any of the rights in terms of this agreement on one occasion shall prevent the subsequent enforcement of such rights and shall not be deemed to be a waiver of any subsequent breach of any of the terms.

22. Agreement for Payment:

Payment shall be made before the start of a tutoring session OR Payment shall be made weekly/monthly in advance.

*Must complete an ACH or credit card authorization form for monies to be automatically paid monthly.

23. Force Majeure:

If the performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party or its employees, officers, agents, or affiliates.

24. Local Laws; Export Control; Governing Law:

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. In addition, if you reside in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site. Such countries may include Cuba, Iran, Iraq, North Korea, Serbia, Syria, and Sudan, and it is your responsibility to ensure that you comply with U.S. law in this regard.

This Contract shall be construed in accordance with the laws of the State of Florida. 

25. Company Details:

Kids on the Yard,

Limitless Virtue LLC

EIN 46-5310368

Miami Florida 33160 U.S.A

info@kidsontheyard.com

Phone/Fax: +1. 424 777 3832

26. Modifications to the Service:

We may add, change or eliminate features, pricing, nomenclature, and other aspects of the Services and make other changes at any time, and these Terms will continue to apply to the Services as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the site or the Services.


26.1. Change Log:

Effective Date:
year-Month-Day
Changes
2018-08-30Init
2019-09-01Update domain and service 
2019-10-01Update list:
– Cancelation Policy
– Late fee
– No Show Policy
– Pet Policy
– Inclement Weather 
2020-01-01Update list:
– in-person services
2020-05-01Adding COVID-19 WAIVERS
2020-07-31Update list:
– Document revision
– Adding an Appendix for a detailed description of the service.
– Adding links to the Appendix for the daily calendar.
2020-08-02Update list:
– Typo and Spelling mistakes
– HTML fix: The title of section 1.1 and 1.2 changed from <p> to <H3>
2020-08-14Update list:
– Adding section 12.7 Lost of internet connections during online sessions.
– Type and layout fix section 17.1
– Type and layout fix section 17.2
– Section 18, 18.1, 18.2, 18.4:
Now made our cancelation process more relaxed and contains clarification about the first-day trial. This allows the Family to choose to keep or replace the Tutor after the first session.
2020-10-01Update list:
– Section 17.1 – In-Person Parent/Guardian/Student Waiver