This Agreement sets forth the terms of purchase for your purchase of any trainings and/or courses by Roots and Wings Village LLC, Danielle Zola, and Kerin Santos.

By placing your Order with Roots and Wings Village, LLC, Danielle Zola and Kerin Santos (the “Company”), by clicking “accept,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the Company website or the applicable purchase page and discontinue use of the Services immediately.

In these terms and conditions, “We/us/our” Roots and Wings Village, LLC, Danielle Zola, and Kerin Santos. “You/your” means you as a user of the Website and/or Customer of the Program/Services.

The Services. Roots and Wings Village youth enrichment and recreational programs, to include drop-off classes, parent-child classes, and family events.

AGREEMENT TO PARTICIPATE
To ensure that parents/guardians understand and accept the risks of participation in Roots and
Wings Village LLC (recreational program), you must indicate your understanding and agreement
by signing on the appropriate lines below.

PARENT/GUARDIAN AGREEMENT
I agree to allow my child/ward to participate in the recreational program and affirm that my
child’s/ward’s participation is completely voluntary. I understand that there are risks inherent in
the activities my child will engage in at the recreational program which may cause serious injury
or even death. I also understand that, despite safety precautions, the recreational program
cannot guarantee that my child/ward will not be injured. My child/ward and I are willing to
assume these risks. To minimize the risk, I have instructed my child/ward to obey all the rules,
regulations and instructions of the recreational program.

ASSUMPTION OF RISK, WAIVER OF LIABILITY, RELEASE, & AGREEMENT NOT TO SUE:
In exchange for permission for me and/or my child/ward to participate in Roots and Wings
Village LLC’s recreational program, I voluntarily agree the following release from liability on my
own behalf and on behalf of my child/ward:

TO ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, OR PERSONAL INJURY
INCLUDING DEATH that may be sustained by me/my child/ward, or any loss or damage to
property owned by me/my child/ward, as a result of participating in, or traveling to or from the
recreational program.

I, on my own behalf, and also as a parent and/or guardian on behalf of the minor child/ward
identified below, release, waive, discharge, hold harmless, and agree not to sue Roots and
Wings Village LLC, Danielle Zola Maxwell, Kerin Santos, and Shanti Mandir, its officers,
directors, employees, volunteers, agents, landlords, lessees, sponsors and franchisees
(hereafter the “Released Parties”) from any and all liability, claims, actions, demands, expenses,
attorneys fees, breach of contract actions, breach of statutory duty, or other duty of care,
warranty, strict liability actions, and causes of action whatsoever, that I might now have or may
acquire in the future, arising out of or related to any loss, damage, or injury, including death, that
may be sustained by my child/ward, my person or other persons, and to my child’s/ward’s
property, my property or other persons’ property, arising out of or in connection with, or caused
in any manner by my participation or my child’s/ward’s participation in any Roots and Wings
Village LLC programs.

I acknowledge I hereby have been advised to consult, and have consulted, with my physician
and/or with my child’s/ward’s physician with respect to any past or present injury, illness, health
problem or any other condition or medication that I and/or my child now have, previously have
had and/or now may have that may affect my and/or my child’s/ward’s participation and ability to
participate in and to endure the Roots and Wings Village LLC sessions, classes, groups or
workshops.

In the event that I and/or my child/ward becomes ill or injured during or as a result of
participation in any Roots and Wings Village LLC programs, I hereby authorize the Released
Parties to arrange for such emergency medical attention as they, in their sole judgment, may
deem to be required to preserve my life and/or health of myself or my child/ward. I hereby
release, discharge and hold harmless the Released Parties, as well as any person or entity that
provides such emergency medical attention, from any and all liability in connection with any
injury to my or my child’s/ward’s person or property arising in connection with or as a result of
such emergency medical treatment.

I acknowledge that this program is not intended to be educational in nature and any educational
outcomes are not guaranteed. I, the parent/guardian, agree that I am solely responsible for my
child’s/ward’s education.

PHOTO RELEASE: I give permission for photographs to be taken of me/my child/ward while
participating in the recreational program to be used in marketing/public relations material in the
promotion of the recreational program.

ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO
CORONAVIRUS/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World
Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from
person-to-person contact. As a result, federal, state, and local governments and federal and
state health agencies recommend social distancing and have, in many locations, prohibited the
congregation of groups of people.
Roots and Wings Village LLC has put in place protective measures to reduce the spread of
COVID-19; however, Roots and Wings Village LLC cannot guarantee that you or your child(ren)
will not become infected with COVID-19. Further, attending Roots and Wings Village LLC’s
recreational activities at Shanti Mandir could increase your risk and your child(ren)’s risk of
contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and on behalf of
myself, my child(ren), my and spouse/co-parent of child(ren) voluntarily assume the risk that my
child(ren) and I, and any member of my family, may be exposed to or infected by COVID-19 by
attending Roots and Wings Village LLC’s recreational activities at Shanti Mandir and that such
exposure or infection may result in personal injury, illness, permanent disability, and death. I
understand that the risk of becoming exposed to or infected by COVID-19 while participating in
Roots and Wings Village LLC’s recreational activities at Shanti Mandir may result from the
actions, omissions, or negligence of myself and others, including, but not limited to, Roots and
Wings Village LLC employees, agents and representatives, volunteers, program participants
and their families and/or any other individual who may be present upon Shanti Mandir property
or in attendance at any recreational activity.
I voluntarily agree to assume, on behalf of myself, my child(ren), and my spouse/co-parent of
child(ren) all risks and accept sole responsibility for any injury to my child(ren),myself and any
member of my family, (including, but not limited to, personal injury, disability, and death), illness,
damage, loss, claim, liability, or expense, of any kind, that I, my child(ren) and/or members of
my family may experience or incur in connection with my child(ren)’s attendance in activities or
participation in Roots and Wings Village LLC programming (“Claims”).
On my behalf, and on behalf of my children and/or members of my family, I will advance no
claim and I hereby release, covenant not to sue, discharge, defend, indemnify and hold
harmless Roots and Wings Village LLC, Danielle Zola Maxwell, Kerin Santos, Shanti Mandir,
and its officers, directors, employees, volunteers, agents, representatives, landlords, lessees,
sponsors and franchisees (hereafter the “Released Parties”), of and from the Claims, including
all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating
thereto. I understand and agree that this release includes any Claims based on the actions,
omissions, or negligence of Roots and Wings Village LLC, its employees, agents, and

representatives, whether a COVID-19 infection occurs before, during, or after participation in
any Roots and Wings Village LLC activity.

Payment. Payment is required before beginning the program, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the amount agreed and not to cancel this transaction with your bank or credit card company. The Company is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. The Company does not guarantee any specific results from use of the Services. The Company does not make any representations or warranties as to specific outcomes or results.

Refund Policy. We have poured our hearts into building this program for you. No refunds are available at this time. Please ensure that it suits the purpose for which you desire to use it before purchasing.

Term. This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.

Timing and Method of Payment.
If fees are not paid in full and on time, parents/guardians agree to pay $25.00 late fee. If fees are not paid within 10 days, the child(ren) will not be allowed to attend the program until payment is received in full. Parents/Guardians agree to pay a $25.00 fee for all checks returned unpaid. After the second check is returned unpaid, all future payments shall be made in cash.
Payments may be made by cash, check, credit/debit card, automatic draft, or online payments. All tuition paid is nonrefundable. *If your child is withdrawn from our program while a balance remains on their account, he/she cannot return until the balance has been paid in full.

Late Pickup Fees. In the event of late pick-up, families will be charged a fee of $5 for every 15 minutes late.

Termination of Childcare
Childcare may be terminated by the parent/guardian only by providing the childcare with one month's advance written notice.
Roots and Wings Village LLC retains the right to terminate this contract without notice for the following reasons:
- The child(ren)’s behavior is destructive, uncontrollable, violent, or threatening to the other children or providers at the care facility. This determination is made in the sole discretion of the provider.
- A parent’s/guardian’s behavior is threatening or abusive to the other children or providers at the care facility.
- Childcare fees are two weeks or more delinquent.

All terminations of this type can be made effective immediately.

Tuition Agreement

By agreeing to the terms and conditions in this contract, the purchaser represents that the purchaser has understood and agreed to the terms and conditions of this contract. Breach of this contract in any way by the parents/guardians may result in immediate termination of childcare services.

Disclaimer. USE OF THE PROGRAM OR SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The Company and its employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any content provided as part of the Program or Services. The Services provided through the Program are advisory and supportive only, and you bear sole responsibility for the use and implementation of these services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Program at any time. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve.

Relationship. Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.

Modification. The Company may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the Company’s website. You should review this Agreement regularly during the use of the Program or Services to keep apprised of any changes.

Assignment. No assignment of this Agreement is permitted, without prior written permission from the Company. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. The Company’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by the Company.

Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

Governing Law. This Agreement and any action related thereto shall be governed by the laws of the State of California without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in San Diego County, California.

Disputes. In the event that a dispute arises pursuant to this Agreement, either Party may submit a written demand to the other that the dispute be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California. The foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction.

Force Majeure. If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to the Company; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to the Company, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.

Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.

Damage Waiver. Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under this Agreement, arising out of your participation in the Program including due to the actions, statements or behavior of any third parties or participants of the Program. This provision applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to the Company for the services during the term of the Program or membership.

Terms of Use Agreement. You agree to the terms and conditions of the Terms of Use Agreement found at www.rootsandwingsvillage.org/terms-conditions

Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Indemnity. You agree to indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes the Company to be liable to a third party.

Voidability. This Agreement cannot be voided by not logging in to the Program website, where applicable, by not accessing or using the Services as delivered, by not attending the Program, or in any other way attempting to avoid viewing or taking delivery of the Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.

Entire Agreement. This Agreement represents the entire understanding and agreement of the parties relating to the Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Program or Services, are of no further force and effect. In order to participate in certain portions of the Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing the Company at rootsandwingsvillage@gmail.com and requesting a copy of your “Program Terms of Purchase.”

Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at rootsandwingsvillage@gmail.com.

By agreeing to the terms and conditions at purchase, I acknowledge that I have read, understand, and agree to the terms outlined above.