Desert Discovery Labs Policies, Procedures, and Release of Liability
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for attendance or participation in the educational activity organized by Desert Discovery Labs & Tutoring LLC, and/or use of the property, public facilities and services of Desert Discovery Labs & Tutoring LLC, I agree for the child/children listed previously, and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Desert Discovery Labs & Tutoring LLC, or the employees, representatives or agents of Desert Discovery Labs & Tutoring LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I accept all risks associated with the above activity for the child/children listed above, and (if applicable) my family members, and further release and discharge Desert Discovery Labs & Tutoring LLC for injury, loss or damage arising out of my or my family's use of or presence upon the facilities, or participation in the educational activity of Desert Discovery Labs & Tutoring LLC, whether caused by the fault of myself, my family, Desert Discovery Labs & Tutoring LLC or other third parties.
Description of Risks:
*The Program is optional and therefore the participant voluntarily is participating entirely at their own risk.
*The Participant is aware of the risks associated with participating in the Program including but not limited to the following:
● Physical or psychological injury, pain, and suffering
● Illness (including but not limited to Flu viruses and Coronaviruses)
● Disfigurement
● Temporary or permanent disability (including paralysis)
● Economic and property damage and or loss
● Emotional damage and or loss
● Death
These injuries or outcomes may arise from but are not limited to the following:
● Errors, omissions, acts or failures of the Participant
● Errors, omissions, acts or failures of other participants
● Errors, omissions, acts or failures of the Provider (Desert Discovery Labs & Tutoring LLC)
● Conditions of the facility, space, and location
● Conditions and use of equipment
● Temperature and weather
● Participant conditioning, nutrition, and health
● Physical exertion
I acknowledge that participation in the educational activity provided by
Desert Discovery Labs & Tutoring LLC may involve inherently dangerous aspects, including but not limited to: dangerous materials and gasses, extreme temperatures, sharp objects, fast moving objects, and hazardous chemical reactions.
Depending on the type of class, Desert Discovery Labs & Tutoring LLC may provide personal protective equipment during the educational activity, however this does not eliminate the risks or release of liability described in this document.
I acknowledge that the child/children participating is in good physical condition to participate with no known disabilities or infirmities that would restrict their ability to participate or follow directions.
3. INDEMNIFICATION. I agree to indemnify and defend Desert Discovery Labs & Tutoring LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence or participation in the educational activity organized by Desert Discovery Labs & Tutoring LLC.
4. FEES. I agree to pay for all damages of equipment to Desert Discovery Labs & Tutoring LLC caused by any negligent, reckless, or willful actions by me or my family.
5. CONSENT. I consent to the participation of the child/children listed above, in the educational activity, and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of listed child/children.
6. MEDICAL AUTHORIZATION. In the event of an injury to the above minor during the above described activities, I give my permission to Desert Discovery Labs & Tutoring LLC or to the employees, representatives or agents of Desert Discovery Labs & Tutoring LLC to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on Aug 26 2025 and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed. Desert Discovery Labs & Tutoring LLC shall have the following powers:
The power to seek appropriate medical treatment or attention on behalf of my child/children as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital; The power to authorize medical treatment or medical procedures in an emergency situation; and The power to make appropriate decisions regarding clothing, bodily nourishment and shelter should the parent guardian not be present during an emergency.
7. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Arizona law.
8. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Desert Discovery Labs & Tutoring LLC has offered to refund any fees I have paid to use its services if I choose not to sign this Agreement.
9. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
10. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
PERSONAL PRIVACY POLICY
I acknowledge and give Desert Discovery Labs & Tutoring LLC permission to gather and use all information for the participating child/children.
I understands and agree to the fact that this information will be used for the purposes of:
● Roster and class creation and management
● Services provided
● Payment processing
● Customer support
● Research and analysis
I acknowledge and gives permission to Desert Discovery Labs & Tutoring LLC to use services and subscriptions to outside services such as, but not limited to online registration forms and payment processing services to gather our information. In the case that any of these services used has a data breach or release, Desert Discovery Labs & Tutoring LLC is not held liable.
ILLNESS POLICY
The participation in the education activity by Desert Discovery Labs & Tutoring LLC is optional and therefore I understand participation is at my own risk and by my own choice and/or at the parent/guardians discretion.
● If anyone in your household is sick or has a fever please stay home.
PHOTO AND VIDEO WAIVER AND RELEASE
I agree to authorize and give unlimited and perpetual permission to Desert Discovery Labs & Tutoring LLC for the use the likeness of the names listed above in photographs and videos for any legal use, including but not limited to: publicity, copyright purposes, illustration, advertising, and web content. The Participant authorizes Desert Discovery Labs & Tutoring LLC to take, edit, alter, copy, exhibit, publish, and distribute any photos and videos of the participant with the understanding that their likeness, name and voice will be used.
DRESS STANDARD POLICY
What the Participant wears should be modest and free from profane language or obscene graphics. The goal in this is to promote respect of both the Participant and those around them. The Participant must be modestly covered up by shirts and shorts/pants to the point that undergarments, and midsection are covered. Closed toed shoes are required for participation. Crocs and footwear with holes are not acceptable.
PARENT/GUARDIAN PRESENCE
I (the parent/guardian), understand that myself, or the designated responsible party of the child/children participating in the education activity through Desert Discovery Labs & Tutoring LLC, may choose to be present or not present during the educational activities. Regardless of whether I choose to be present I am responsible to ensure that my child has transportation to and from the educational activity at the activity start and stop times.
UNREGISTERED SIBLING ATTENDANCE
Due to space constraints, safety reasons, and to ensure a focused learning environment for the participants, no unregistered siblings or extra children are permitted to attend the educational activities, regardless of whether the parent or guardian chooses to be present.
REFUND POLICY
Desert Discovery Labs & Tutoring LLC will not issue refunds for any and all program fees, even if the student does not attend scheduled educational activities. In the case Desert Discovery Labs & Tutoring LLC is unable to provide a scheduled activity, either a make up session will be offered or a prorated refund issued at the discretion of Desert Discovery Labs & Tutoring LLC.
RESPONSIBILITY TO PAY POLICY
I understand and claim responsibility to pay the posted fees by attending and or signing up for the educational activity. By attending or signing up I am agreeing to have services rendered. This includes but is not limited to those who utilize the State of Arizona’s ESA program. I understand it is my responsibility to make sure all fees are paid for services rendered within the listed timeline. Failure to pay will result in the enforcement of the RIGHT TO REFUSE SERVICE.
Timeline:
● Invoices will sent after this registration form is received and the minimum class size is reached.
● Proof of payment is due within 5 days of receiving an invoice in order to secure a spot.
* I understand that payment may be made either through Zelle to using the provided email address: DesertDiscoveryLabs@gmail.com OR through Class Wallet vendor pay under
Desert Discovery Labs & Tutoring LLC, AZ, Peoria
FORCE MAJEURE POLICY
Desert Discovery Labs & Tutoring LLC will not be held liable for any delays, cancellations, or, failures in performance of any parts of service from any cause outside of our control. This includes, but is not limited to site and facility changes or cancellations, acts of God, changes to law or regulations, war, natural disasters, inclement weather, national emergencies, state emergencies, local emergencies, health and wellness emergencies, and sickness. Desert Discovery Labs & Tutoring LLC reserves the right to enforce the “Refund Policy” in these and all cases.
PERSONAL PRIVACY POLICY
I acknowledge and give Desert Discovery Labs & Tutoring LLC permission to gather and use all information for the participating child/children. I understand and agree to the fact that this information will be used for the purposes of:
● Roster and class creation and management
● Services provided
● Payment processing
● Customer support
● Research and analysis
I acknowledge and give permission to Desert Discovery Labs & Tutoring LLC to use services and subscriptions to outside services such as, but not limited to, online registration forms and payment processing services to gather our information. In the case that any of these services used has a data breach or release, Desert Discovery Labs & Tutoring LLC is not held liable.
RIGHT TO REFUSE SERVICE POLICY
Desert Discovery Labs & Tutoring LLC reserves the right to refuse service to anyone within the full extent of the law.
CONCLUSION
In conclusion, I am willfully choosing to legally give acknowledgement of, as well as consent and authorization to all terms, policies, and procedures of this document by selecting online digital consent and authorization. I understand and agree that the digital consent is lawfully acting as a physical signature. Furthermore, I understand and agree that if I do not properly sign the agreement as is necessary to participate in the Program, I will not be allowed to attend any activity provided by Desert Discovery Labs & Tutoring LLC.
I understand and agree that in consenting to these terms, any and all persons of legal consent are signing for themselves, and any and all minors within their care, including any adult observers to the educational activity provided by Desert Discovery Labs & Tutoring LLC.
Full names of all attending children
*
Parent / Guardian Signature
*
Attending Adult 1 Name (if different person than Parent / Guardian)
Attending Adult 1 Signature (if different person than Parent / Guardian)
Attending Adult 2 Name (if different person than Parent / Guardian)
Attending Adult 2 Signature (if different person than Parent / Guardian)
