Date: December 11, 2020
1. About this Agreement
The child of the guardian or parent, as indicated above is referred to as "Member". The Member's guardian or parent is referred to as "Guardian". The Member and Guardian is referred to collectively as "Member Family". Steamoji Educational Services Inc. will be referred to as "Steamoji". This Agreement will be referred to as the "Agreement".
2. Member Family Access
Members may access the Steamoji Academy for up to eight hours of directed projects and four hours of self-guided drop-in sessions monthly at the facilities (the "Facilities") at 2009 Park Royal South, West Vancouver, British Columbia ("Steamoji Location"), if the Guardian has made the requisite monthly fees and there is available space at the Steamoji Location. Bookings must be made at least 2 hours in advance. Steamoji may, at its discretion, restrict the use of the Facilities by Member Families at any time. The hours of operation of the Facilities are Monday to Saturday 11:00 am to 7:00 pm and Sunday 11:00 am to 5:00 pm. These hours are subject to seasonal adjustments and holiday closures as determined by Steamoji.
3. Academy Membership Dues
The Guardian agrees to pay membership fees as described below. These fees may be paid by pre-authorized credit card payments, pre-authorized debit (PAD), or some other method as determined by Steamoji.
4. Pre-authorized Payment of Academy Membership Dues
The Guardian authorizes Steamoji to charge their card the membership fee of $______ plus applicable taxes on the date of/on the monthly anniversary of this agreement. After the conclusion of this initial commitment period, the pre-authorized payment card will continue to be charged $______ plus applicable taxes monthly unless the Guardian provides notice of cancellation of this Agreement after the end of the Initial Commitment Period.
5. Length of Initial Commitment Period
The Guardian will pay the membership fees of $______ plus applicable taxes for the full duration of the initial commitment period ("Initial Commitment Period"). This payment is non-refundable and payable monthly from the date of this Agreement. The monthly fees will no longer be payable if the Guardian chooses to cancel after the end of the Initial Commitment Period.
6. Pick-Up & Drop-Off
Steamoji requires advanced written permission if someone other than the Guardian, or the Member's parent or guardian, will be picking up the Member, whether limited to a single occurrence, or on an on-going basis. The Guardian will deliver to Steamoji the following information: name of the adult picking up the Member, their relationship to the Member and their phone number.
7. Waiver, Release & Indemnity
The Guardian will carefully read, understand, agree to, and sign the Guardian Consent, Assumption of Risks, Waiver, Release & Indemnity at Schedule “A”.
8. Academy Rules & Participation
The Member Family hereby agrees to the following:
9. Photo & Video Release
The Guardian authorizes Steamoji to publish photographs, videos, but NOT the name of the Member for use in any Steamoji digital and print marketing materials. The Guardian releases Steamoji from any expectation of confidentiality for the Member and authorizes Steamoji to use the photographs or videos of the Member. The Guardian acknowledges that participation in publications produced by Steamoji confers no rights of ownership whatsoever.
10. Membership Pause
The Guardian may pause any membership for up to three months by paying an administration fee of $50.00. After three months, the membership will be reinstated to the Member Family. During the Membership Pause, the membership fees are not payable. The membership fees are payable at the end of the Membership Pause.
11. Membership Cancellation by Guardian
This Agreement may be cancelled by providing written notice, delivered in person, at a Steamoji Academy location. If this Agreement is cancelled prior to the end of the Initial Commitment Period, the Guardian agrees to pay the remaining balance of the Initial Commitment Period. If this Agreement is cancelled after the Initial Commitment Period or the particular circumstances under the provisions of the Business Practices and Consumer Protection Act applies, no payments will be due, pre-authorized payments will stop, and the membership will terminate on the date of when the next scheduled payment is due.
12. Guardian’s Right to Cancel
The Business Practices and Consumer Protection Act applies to this Agreement. The Guardian may cancel the Agreement without reason from the date of this Agreement until 10 days after receiving a copy of the contract. The Guardian may cancel the Agreement at any time for the following reasons:
If the Guardian cancels this Agreement as a result of one of the above-listed reasons, Steamoji has 15 days to refund the Guardian’s money, except that Steamoji may retain, in the case of reasons (a) to (c), the portion determined in the prescribed manner of all cash payments made under the Agreement, less a prescribed amount on account of Steamoji’s costs; and in the case of reasons (d) to (f), the portion determined in the prescribed manner of all cash payment made under the Agreement.
13. Membership Renewal
This Agreement automatically renews at the end of the Initial Commitment Period unless the Member terminates this Steamoji Agreement in accordance with the terms of this Agreement.
14. Membership Cancellation by Steamoji
Steamoji, at its sole and absolute discretion, may terminate this Agreement without notice and with immediate effect if the Member or Guardian’s conduct is such that in the reasonable opinion of Steamoji, it may be detrimental to the character of interests of Steamoji, or is such that it renders the Member or Guardian unfit to associate with other members of the Steamoji Location, or if the Member or Guardian has committed any breach of this Agreement. Steamoji may terminate this Agreement without payment of any compensation whatsoever. If Steamoji elects to terminate this Agreement for any reason, unless otherwise indicated in this Agreement, then the Guardian will remain responsible to pay the remaining balance of the initial commitment period.
15. Effect of Cancellation
A Member whose membership is cancelled shall forfeit all the privileges of membership with immediate effect without claim for any refund of membership fees paid and shall remain liable for any part of the Initial Commitment Period due and owing to Steamoji at the date of cancellation or the balance remaining of the Initial Commitment Period in accordance with the terms of the Agreement.
The Agreement may not be assigned or transferred to anyone else by the Guardian. Any attempt to sell, assign, or transfer this Agreement by the Guardian is null and void and may, at the discretion of Steamoji, result in cancellation of the Agreement without any refund.
Steamoji may assign this Agreement to a third party at the discretion of Steamoji and Steamoji includes any assignee, who will have all the rights of Steamoji and powers under this Agreement. If any claims are brought against Steamoji under this Agreement after we have assigned it, Steamoji reserves the right to raise any defenses available to Steamoji under this Agreement.
17. Binding Law
This Agreement shall be considered binding upon the Member Family and Steamoji, shall be upheld and enforced in accordance with the laws of the Province of British Columbia, and no court outside British Columbia will have any jurisdiction over the Agreement.
If any of the terms of this Agreement is held invalid or unenforceable to any extent by any court or other authority having jurisdiction, the remaining terms of the Agreement will not be affected and will be valid and enforceable to the full extent permitted by law.
19. Entire Agreement
This Agreement constitutes the entire agreement between each Member Family and Steamoji. Except as permitted under the terms of this Agreement, this Agreement may only be amended by written agreement of the Member Family and the Member.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of the terms of this Agreement.
All references to currency herein are to lawful money of Canada.