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Term of Agreement

This Agreement shall become effective on the date of submission of this Agreement (the
“Effective Date”) and shall remain in effect until the end of the 2022-2023 school year
unless it is cancelled or terminated pursuant to the terms below. I understand that this
Agreement creates no expectancy of enrollment for future academic years and does not
entitle my Student to enrollment at the School during any subsequent school year. Parent
is aware that a final determination of grade/classroom placement, curriculum
changes/decisions and enrollment levels, as well as the means of teaching and learning
methods and location of learning, are made in the School’s discretion. Parent
acknowledges that Parent’s execution of this Contract is not contingent upon the School
offering any particular program, curriculum, classroom, employee, means of teaching or
learning method, location of learning, or enrollment level and that all such processes are
determined in the School’s sole discretion.

This Agreement is conditioned upon the Student successfully completing the prior school
year in good standing, both academically and behaviorally. If, after completion of the prior
school year, the School determines in its sole discretion that Student has not met this
requirement, the School has the right to unilaterally cancel this Agreement and will refund to
the parent(s) all tuition paid for the 2022-2023 school year.

Cancellation
I understand that I may cancel this Agreement in writing, without penalty except for
forfeiture of the non-refundable $500 deposit, if the School Admission Office receives my
written notice of cancellation on or before May 1, 2022. After May 1, 2022, there is no
termination option. Time is of the essence as to all deadlines stated in this Enrollment
Agreement.

Financial Obligations
I agree to pay when due the required tuition and fees as stated in the School’s Tuition and
Fee Schedule and Tuition Policy.

I understand that the School offers three options for tuition payment, and I agree to pay
according to one of the following options as indicated by my selection at the end of this
Agreement.
• One lump sum payment (all tuition and fees) due on July 1, 2022
• Two installment payments (including finance charges*), 50% due on July 1, 2022 and
50% due on December 1, 2022
• Nine installment payments (including finance charges*) due on July 1, August 1,
September 1, October 1, November 1, and December 1, 2022, and January 1, March 1, and
April 1, 2023.

*See Truth in Lending Act Disclosure (TILA) for explanation of applicable finance charges. If
an installment plan option is selected, Parent agrees to pay either in two or nine
installments at the beginning of each month/semester, in advance of any educational
services rendered. Parent will be provided with TILA statements annually. If Parent does
not receive a TILA statement, Parent will notify School.

I understand that if my Student has received a financial aid award or scholarship toward the
amount of tuition and/or fees hereunder, I remain primarily responsible for all obligations
under this Agreement. The School will issue a notice reflecting the amount of aid or
scholarship and the balance due by Parent. I agree to pay the balance due pursuant to the
payment plan established by the School.

If any financial obligation I have to the School is delinquent (defined as a payment


not received within 10 days after the due date), and until any outstanding amounts,
including penalties, have been paid in full, the School, in its sole discretion, may:
Charge a late fee of $40 per month;
Prohibit my Student from enrolling, attending school, and/or participating in school activities;
Refrain from releasing my Student’s transcripts, grades, and/or other educational records
made or maintained by the School;
Require payment of all tuition and fees for the remainder of the school year before allowing
my Student to resume academic or other school activities;
Decline to enroll my Student for the following school year; and/or
Terminate this Agreement for the current school year and immediately dismiss my Student
from the School.

I understand that most of the School’s expenses are fixed costs and that the overhead
expenses do not diminish with the departure of some students during the course of the
school year. Therefore, I understand that I am obligated to pay all tuition and fees for the
entire 2022-2023 school year unless I terminate this Agreement pursuant to the provision
above. This obligation exists if my Student is withdrawn, absent, or involuntarily separated,
for any reason, including without limitation, change of residence, health, withdrawal, or
expulsion by the School. I understand that no portion of my Student’s tuition or fees,
whether paid or outstanding, will be refunded, postponed, waived or transferred to another
student. I am liable for the entire year’s tuition and fees as liquidated damages (not a
penalty).

In addition, when a student withdraws or is separated from the School, it is difficult, if not
impossible, to find a suitable replacement without altering the student environment which
the School carefully constructs to be dynamic and engaging. It is especially difficult to find
suitable replacements after May 1, 2022, as such replacements will have accepted
positions at other institutions and will be otherwise bound to those obligations of those
institutions. Parent therefore understands that even if a new student is accepted at the
School after May 1, 2022, that new student will not be occupying the same spot that was
reserved for Student and, by executing this Contract, Parent is waiving any claim that tuition
paid by or on behalf of that new student mitigates Parent’s financial obligations under this
Contract or any damages that the School may experience.

I understand that all parents are jointly and severally liable for all tuition, fees, and other
financial obligations to the School, and upon withdrawal, separation or dismissal of my
Student from the School, these obligations will become immediately due and payable.

I agree that if delinquent amounts under this Agreement are placed in the hands of an
attorney or collection agency for collection, or if a suit is brought against me for collection of
such delinquent amounts, or if the same is collected through probate, bankruptcy, or other
judicial proceedings, I shall be obligated to pay any and all reasonable attorney’s fees and
costs, collection agency fees, and court costs associated with the attempted collection of
the delinquent amounts, and interest of 1.5% per month.
I understand that I may incur additional financial obligations to the School as a result
of my Student’s conduct:
If the School provides equipment to my Student and my Student loses, misplaces, or
damages it, I will replace that equipment at my expense. If the School determines, in its
sole discretion, that my Student has participated in damaging school property, the cost to
repair or replace that property will be prorated among those responsible, and I will be
responsible for my Student’s pro-rata share of the cost.

Tuition Refund Plan (The Tuition Refund Plan Brochure)


I understand that the option to participate in the Tuition Refund Plan (“TRP”) from a third-
party vendor is being made available to me to assist in protecting my financial obligation
under the terms of this Agreement. This plan gives me an opportunity to insure tuition (both
paid and due in the future) exclusive of the $500 non-refundable deposit according to the
terms of the policy.

I understand that the TRP becomes effective on August 1, 2022 if my Student is unable to
attend school due to a covered medical reason as defined by the TRP. I understand that the
non-medical coverage for a student’s voluntary withdrawal from or dismissal by the School
becomes effective only after my Student has attended fourteen consecutive calendar days
(including weekends) of school, beginning with the first class day of the school year. I
understand to the extent that the TRP and this section conflict, the TRP controls and that
compliance with the terms of the TRP are my obligation, not the School’s.

I understand that if I choose to participate in the Tuition Refund Plan, a premium of 1.4%
of annual tuition (exclusive of the $500 non-refundable deposit) will be billed on the first
tuition statement. Proportionate reductions are made for those on financial aid. I authorize
the School to collect any claim payment to which I am entitled under the Tuition Refund
Plan and credit it to my account, paying any excess to me. I agree to pay the School
whatever balance remains unpaid after any payment by the plan is credited to my account
within 30 days after receipt of a final, itemized bill.

I understand that if I choose not to participate in the Tuition Refund Plan, no refund or
cancellation of the yearly tuition will be made by the School for absence, withdrawal or
dismissal before the end of the school year and herewith agree to assume full responsibility
for payment of the full annual tuition.

Force Majeure
Should events beyond the control of the School, including, but not limited to, any fire, act of
God, hurricane, tornado, flood, extreme inclement weather, explosion, war or armed
conflict, governmental action, act of terrorism, risk of infectious disease, epidemic,
pandemic, shortage or disruption of necessary utilities, or any other event beyond the
School’s control, occur, the School has the discretion to close the School and/or modify its
curriculum, schedules, length of school day, length of school year, and/or means of learning
and teaching methods, including, without limitation, converting to distance learning or a
hybrid model. Parent may be required to sign a waiver of liability in order for Student to
participate in on-campus instruction depending on the status of any force majeure
event. Parent’s financial obligations under this Contract remain in full force and effect and
the School shall not be liable for any such failure or delay in its performance. Should the
School close, the School’s duties and obligations under this Contract shall be suspended
immediately without notice until the School, in its sole and reasonable discretion, may safely
reopen. If the School cannot reopen due to a force majeure event under this Paragraph,
the School is under no obligation to refund any portion of tuition paid.

Termination of Student’s Attendance


I and my Student agree to support the School’s mission, to cooperate with the School, and
to adhere to all of the policies and procedures in the School’s Student/Parent Handbook
(the “Handbook”), which may be amended by the School, in its sole discretion, from time to
time during the term of this Agreement with or without notice. The School has the right to
suspend or terminate the attendance of any student for reasons set forth in this Agreement,
for reasons set forth in the Student Handbook (or other published document), for reasons
that the School administration considers detrimental to the School community, to the
Student, or to other students of the School, or for the Parent’s failure to pay all or any part of
the Parent’s financial obligations for Student’s attendance (including any amounts charged
on Student’s account with the School).

I understand that the School, in its sole discretion, may also dismiss my Student during the
school year, or decline to re-enroll my Student for the following school year, if, among other
things:
My Student violates school policies, expectations or standards on-campus or off-campus;
My Student’s attitude or conduct on-campus or off-campus demonstrates an unwillingness
to function productively in the school environment;
My Student’s academic performance, effort, or progress does not meet the School’s
expectations;
The School deems my Student’s continued enrollment to not be in the best interests of the
School; or
The School deems the actions of any of the Student’s parent(s) or guardian(s) to be
unsupportive of, or to interfere with the accomplishment of the School’s
mission, philosophy, policies, expectations, or rules.

School/Family Cooperation
A positive and constructive relationship between the School and the Family (defined as
Parent, Student, or other person associated with Student) is essential to the School’s
educational purpose and responsibilities to its students. If any family member (i) engages
in behavior, communications, or interactions on or off campus, that is disruptive,
intimidating, overly aggressive, or reflects a loss of confidence in or disagreement with the
School’s policies, methods of instruction, or discipline, (ii) otherwise interferes or voices
strong disagreement with the School’s safety procedures, responsibilities, or
accomplishment of its educational purpose or program, or (iii) files a lawsuit or threatens
litigation against the School for a perceived wrong by the School (including its
officers, trustees, directors, Board members, employees, agents, and affiliates), the
School reserves the right to place restrictions on the family’s member’s involvement or
activity at School, on School property, and/or at School-related events or to dismiss the
family member from the community. The School may also place restrictions on a family
member’s involvement or activity at School, on School property, or at School-related events
for other reasons that the School deems appropriate. The School reserves the right to
withdraw an offer of enrollment or re-enrollment, to void an executed enrollment Agreement,
or to immediately dismiss a student as a result of a family member’s violation of the
expectations set forth in this paragraph. The term “threatens litigation” includes any
claim, proceeding, dispute, action or other matter for which any demand or statement
has been made (orally or in writing) or any notice has been given (orally or in
writing), or if any other event has occurred or any other circumstances exist, that
would lead a prudent person to conclude that such a claim, proceeding, dispute,
action or other matter is likely to be asserted, commenced, taken or otherwise
pursued in the future. Any determination under this paragraph shall be in the School’s
sole discretion. There will be no refund of tuition where such dismissal occurs and any
unpaid balance is payable in full according to the terms of this Agreement.

Permission to Participate and Release of Liability


I agree that my Student may attend school and participate in all school activities and
programs, including athletics and any school-sponsored trips away from the School, unless
the School receives written notice from me to the contrary. I understand that there are risks
associated with attending school and participating in school activities and programs,
including risks associated with travel to or from the activity or program. I hereby assume all
of those risks, whether known or unknown. I assume full responsibility for any physical
injury, death or economic loss that may take place as a result of my Student attending
school or participating in any school activity or program. I release from liability and hold
harmless the School, its employees, officers, volunteers, agents, and representatives from
claims resulting from any physical injury, death or economic loss that may take place as a
result of my Student attending school or participating in any school activity or program
unless such injury or loss is caused by the gross negligence or willful misconduct of the
School, its employees, officers, volunteers, agents, or representatives.

Use of Photos, Voice, Images and Creations


Parent consents to the School recording Student's name, photograph, voice, image and
information in distance learning or other video processes, and to use such information in the
School's publications, promotional materials, website and social media, for educational
and/or disciplinary purposes, and to permit the School to release Student's name and
photographs, and other identifying information, to the media in connection with the reporting
of School-related events, without compensation and without prior notice. Parent releases
and holds the School harmless from any liability stemming from the use and disclosure of
Student's name, photograph, voice, image, or information. Parent also grants permission to
the School to unconditionally use statements, articles, music, art, photographs, audio
recordings, films, videos, classwork, and all other work created by the Student or originating
from the School or from School-related activity, without compensation and without prior
notice. Such authorization survives the term of this Contract and serves as authority to use
such material both during and after the Student is enrolled at the School. Parent also allows
Student to be interviewed by the media on campus or at School-related events. Parent
releases and holds the School harmless from any liability stemming from the use of the
Student’s name, photograph, voice, image, or information. I will notify the School’s Director
of Communications in writing if I do not consent to this provision, and any such notification
will be effective for the 2022-2023 school year.

Medical Authorization
If, in the opinion of a properly licensed and practicing physician, Student needs medical or
surgical services which require Parent’s pre-authorization or consent, Parent hereby
authorizes, appoints, and empowers the School to act as Parent and furnish such consent
on Parent’s behalf. Parent confirms that it is Parent’s desire that Student be furnished with
such medical or surgical services as soon as reasonably possible after the need
arises. Parent hereby releases and holds the School harmless from any liability which
might arise from the giving of such consent. Parent agrees to reimburse the School for any
medical expenditures made on Student’s behalf.

Consent to On Site Medical Care, Including Student Counseling


Parent hereby authorizes the School to supply medical care as needed for Student
(including administration of allergy medications, Epi-Pens, etc. according to the Student’s
prescription from a licensed practitioner) or other minor medical care as determined to be
appropriate by the School. The School may require evaluation and/or therapy along
with a reciprocal release so that the School can openly communicate with the
therapist as a condition of continued enrollment if the School deems an evaluation or
therapy to be necessary. Parent also authorizes the School’s student guidance counselor
to meet and counsel with Student regarding emotional, social, or family circumstances.
Parent hereby releases and holds the School harmless from any liability which might arise
from the provision of such medical care or counseling services.

Vaccinations
The School may require certain vaccinations, including vaccination for COVID-19, in
addition to other mandated vaccinations, as a condition of on-campus instruction or
enrollment. The School will follow any legally required exceptions to its vaccination
requirements.

Promotional Materials/Statements
The School continually strives to ensure the accuracy of all written materials, including, but
not limited to, promotional information, catalogs, brochures, handbooks, and advertising. In
an effort to do so, however, information included in the materials (including class sizes,
student-to-teacher ratios, School accreditation, teacher qualification, specialization, and
length of service, etc.) may change as programs grow and as staff changes. Prior to relying
on any written materials in making your decision to enroll Student in the School, please
verify the accuracy of information with the Admissions Office. Please also understand that
even if the information was accurate at the time that you enrolled Student, the information
may change prior to commencement of classes or during attendance at the School. Please
also note that only the Head of School (or his/her designee) has the authority to make
commitments regarding the nature of the program, specific arrangements for Student, or
other changes from the School’s regular curriculum.

Governing Law/Waiver of Jury Trial


This Agreement shall be governed under the laws of the State of Texas. The venue of any
action hereunder shall lie exclusively within the federal and state courts of Texas, and the
parties hereto consent to personal jurisdiction and expressly waive all rights to trial by jury.

School Directory
Parent authorizes the School to place family information, including name(s), home
address(es), email address(es), and telephone numbers of Parent, Student, and other
children in attendance at the School, in a directory of students to be distributed to School
families. Parent acknowledges that this directory is not to be used for commercial use and
is not to be distributed to any person or entity other than another School family.

Reimbursement for Legal Issues


Parent understands and agrees that the School’s primary purpose is to provide educational
opportunities to the students within its institution. Parent also understands that it is
disruptive to the School (or any of its employees) to be involved in domestic or other legal
disputes between the Parents or third parties, and that the School often must pay for legal
fees and costs associated with such issues. Therefore, Parent agrees to promptly
reimburse the School for all expenditures incurred by the School as a result of Parent’s
domestic legal disputes, or other proceedings involving third parties, including, but not
limited to: parental disagreements about Student’s education or placement; divorce
proceedings; custody proceedings; and/or modifications of custody proceedings. Costs
incurred may involve reasonable attorneys’ fees/costs to prepare for and/or attend
depositions, trials, or hearings; to communicate with Parent or Parent’s counsel, guardian
ad litem or attorney ad litem; to respond to subpoenas; to draft letters or motions; and to
perform research. Costs include the cost of copying documents, providing records,
engaging substitute teachers or temporary employees, computerized research, and travel
expense. Parent agrees to reimburse the School for such fees/costs within thirty (30) days
of School billing Parent for such expenses. Any dispute between the Parents regarding
which Parent may owe which portion of the bill should be resolved between the Parents so
that the bills for reimbursement to the School can be paid on a timely basis. Parent’s failure
to pay such fees/costs promptly will result in dismissal of the family from the School.

Authority
Each party represents and warrants to the other (1) that it has full power to enter into and
perform its obligations under this Agreement; and (2) that this Agreement constitutes its
legal, valid, and binding obligation, enforceable in accordance with its terms. Parents in
two-parent households agree that each is acting as agent for the other. Modification of this
agency relationship shall be in writing and delivered to the School. No oral modifications
will be recognized or accepted.

Email
Parent understands that email is the official form of school correspondence and has
provided a valid email address with their demographic information.

Entire Agreement
This Agreement sets forth the entire understanding of the parties hereto with respect to the
subject matter hereof and merges and supersedes all prior and contemporaneous oral
understandings between the parties. There have been no representations or warranties
made by any party other than the representations and warranties contained herein.

Assignment and Attorneys’ Fees


This Agreement shall inure to the benefit of and be enforceable by any successors or
assigns of the School, including any entity with which, or into which, the School may be
merged or which may succeed to the School’s assets or business. This Agreement is a
personal Agreement, and the rights and interests of the Parent and Student may not be
assigned or transferred by any of them. If the School is required to commence litigation to
enforce this Agreement, Parent agrees to pay all attorneys’ fees and costs incurred by the
School.

Required Signatures and Representations


Both parents/guardians must sign this Contract, unless the School, in its discretion, permits
enrollment with one parent/guardian signature. If only one parent/guardian signs this
Enrollment Contract, such parent/guardian must have the authority to enter into this
Contract on behalf of the Student and the consent of all other parents/guardians to do
so. The submission of the Enrollment Contract with the signature of a single
parent/guardian constitutes the representation of the signing parent/guardian that he/she
has the necessary authority and consent to sign on behalf of the other parents/guardians. A
parent/guardian who signs on behalf of other parents/guardians confirms he/she has
authority and consent. Signing without authority and consent constitutes fraud.

We have read and all parents/guardians will comply with this Agreement, the Tuition
Policy, the Tuition and Fee Schedule, and the Student/Parent Handbook. We
understand that any parent’s, guardian’s or my Student’s failure to comply with any
provision in any of these documents may result in termination of the Student’s
enrollment, forfeiture of any tuition or fees paid or outstanding, and/or the School
declining to re-enroll the Student for the following academic year. The parties agree
and understand that a photocopy or an electronically signed agreement is an
acceptable substitute for the original and holds the same force and effect as wet ink
signature.
Please note: The expenses listed below include tuition and required fees only. Click here
for a complete Tuition and Fee Schedule. If you plan to enroll your child in PrimeTime,
please go ahead and check that box below. This alerts our billing system, but does not fulfill
the registration requirements. PrimeTime registration is accessible via the after-school tile
on the resource board. Prime Time sibling discounts will be applied later to your Smart
Tuition account.

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