4. Cancellation of Enrolment by Parents/Guardians
You acknowledge that, upon acceptance of this Agreement, P.A.C.E. reserves a placement for your child and incurs significant costs in advance of and throughout the School Year, including costs relating to personnel, facilities, educational resources, technology, service providers, and other operational requirements, many of which cannot be reduced, recovered, or avoided if your child withdraws, does not attend, or ceases attending P.A.C.E. and/or the School for any reason.
Accordingly, except as expressly provided in this Agreement, if you withdraw your child, cancel your child’s enrolment, elect not to have your child attend P.A.C.E. and/or the School, or your child otherwise ceases attending P.A.C.E. and/or the School for any reason after this Agreement has been accepted by P.A.C.E., all Tuition Fee, registration fees (including the Registration Fee), and other amounts payable by you for the School Year shall remain due and payable in accordance with this Agreement, whether or not your child attends the School for all or any portion of the School Year. For greater certainty, except as expressly provided in this Agreement, no Tuition Fee, registration fees (including the Registration Fee), or other amount paid or payable by you in respect of the School Year shall be refunded, waived, cancelled, credited, transferred to another student, or applied to a future school year as a result of the withdrawal of your child, cancellation of enrolment by you, your child’s non-attendance, or your decision not to have your child attend the School, unless otherwise agreed to in writing by P.A.C.E. The obligations in this Section survive the withdrawal of your child and the termination or expiry of this Agreement.
12. Internet, E-mail, Electronic Resources, and Waiver and Indemnity of Claims
You acknowledge that your child’s participation in P.A.C.E.’s educational programming may involve the use of electronic communications, online resources, internet-based materials, and P.A.C.E.-owned electronic equipment, accounts, networks, and information systems, and that, despite reasonable precautions, your child may inadvertently be exposed to inappropriate content while using such resources. You further acknowledge that your child shall have no expectation of privacy when using P.A.C.E.-owned electronic equipment, accounts, networks, or information systems and that such use may be accessed, reviewed, and monitored by authorized P.A.C.E. staff for legitimate School purposes.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, HOLD HARMLESS AND FOREVER DISCHARGE P.A.C.E., ITS DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, VOLUNTEERS, AND EMPLOYEES (COLLECTIVELY, THE “P.A.C.E. PARTIES”) FROM CLAIMS ARISING DIRECTLY OR INDIRECTLY FROM YOUR CHILD’S INADVERTENT EXPOSURE TO ANY INAPPROPRIATE, SENSITIVE, ABUSIVE, OR OTHERWISE HARMFUL MATERIAL WHILE USING OR ACCESSING ELECTRONIC COMMUNICATIONS, ONLINE RESOURCES AND INTERNET-BASED MATERIALS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE P.A.C.E. PARTIES FROM ALL ACTIONS, PROCEEDINGS, CLAIMS, DAMAGES, COSTS, DEMANDS, INCLUDING COURT COSTS AND COSTS ON A SOLICITOR-CLIENT BASIS, AND LIABILITIES WHATSOEVER NATURE OR KIND (INCLUDING CLAIMS BY THIRD PARTIES AND PERSONAL INJURY, DEATH, PROPERTY DAMAGE, ILLNESS, OR OTHER LOSS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR CHILD’S CONDUCT WHILE USING OR ACCESSING ELECTRONIC COMMUNICATIONS, ONLINE RESOURCES AND INTERNET-BASED MATERIALS AS PART OF THE P.A.C.E. CURRICULUM OR WHILE USING P.A.C.E.-OWNED ELECTRONIC EQUIPMENT, ACCOUNTS, NETWORKS OR INFORMATION SYSTEMS
13. Medical Authorization and Waiver and Indemnity of Claims
Unless otherwise expressly declared to P.A.C.E. in writing, you hereby confirm that, to the best of your knowledge, your child is physically, mentally, and emotionally capable of participating in all aspects of P.A.C.E.’s activities and curriculum during the School Year.
If your child becomes potentially or actually ill or injured while under the supervision of P.A.C.E., you authorize the P.A.C.E. Parties to take such steps as they reasonably consider appropriate for your child’s health and safety, including providing routine first aid, administering medication authorized by you and non-prescription medication (e.g. Benadryl, Advil, Tylenol and Dramamine), securing of medical treatment (including administration of medications or treatments deemed necessary by medical/emergency personnel), and transporting your child to a hospital, clinic, or other treatment facility, where appropriate (collectively, the “Medical Authorization”). Where reasonably practicable, P.A.C.E. will attempt to contact you or an emergency contact designated by you before taking such action. You acknowledge, however, that circumstances may require action to be taken before contact can be made and you authorize P.A.C.E. to exercise the authority granted in this Section in such circumstances. You acknowledge that you are responsible for all medical and related expenses incurred on behalf of your child that are not covered by insurance and that P.A.C.E. does not provide health, medical, or accident insurance coverage for students.
YOU AGREE TO RELEASE, INDEMNIFY, HOLD HARMLESS, AND FOREVER DISCHARGE THE P.A.C.E. PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW FROM ALL LIABILITY FOR ALL PERSONAL INJURY (INCLUDING COMMUNICABLE DISEASES AND ILLNESS), DEATH, PROPERTY DAMAGE, ILLNESS, OR OTHER LOSS (INCLUDING MEDICAL COSTS), RESULTING FROM THE EXERCISE OF THE MEDICAL AUTHORIZATION BY THE P.A.C.E. PARTIES DUE TO ANY CAUSE, WHETHER ARISING FROM THE NEGLIGENCE OF THE P.A.C.E. PARTIES, BREACH OF ANY DUTY IMPOSED BY LAW (INCLUDING BY THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, C. O.2), BREACH OF CONTRACT, OR MISTAKE OR ERROR OF JUDGMENT OF THE P.A.C.E. PARTIES, OR OTHERWISE.
15. Video and Photography Release and Authorization
During the School Year, the P.A.C.E. Parties may take photographs, video recordings, and audio recordings that include your child in connection with classroom activities, school events, performances, trips, extracurricular activities, and other School programs (the “Works”). By entering into this Agreement, you consent to P.A.C.E.’s collection, use, reproduction, and publication of such Works for educational, administrative, yearbook, promotional, fundraising, marketing, and public relations purposes, including in print publications, e-newsletters, brochures, posters, signs, print advertisements, on P.A.C.E.’s website, and through P.A.C.E.’s social media channels, including Facebook, Instagram, Twitter, YouTube and LinkedIn. P.A.C.E. will not identify your child by their full name in publicly available materials without obtaining additional consent from you.
YOU ACKNOWLEDGE AND CONFIRM that, as between you and P.A.C.E., P.A.C.E. shall be the sole and exclusive owner of all rights, title, and interest in the Works, including all copyright and related intellectual property rights therein. You also waive any and all rights to any personality rights of our child to P.A.C.E. for any use described in this Section 15, whether it be for internal use, social media, external advertising materials or otherwise.
You understand that the Works may appear in electronic form on the internet or in other unauthorized publications outside of P.A.C.E.’s control. YOU ACKNOWLEDGE AND AGREE that you will not hold P.A.C.E. responsible for any harm that may arise from such unauthorized reproduction.
YOU ACKNOWLEDGE AND AGREE that P.A.C.E. is not responsible for supervising or controlling photographs or video recordings independently taken or published by other parents, students or third parties, including material published on social media or other websites, except to the extent that P.A.C.E. may have an obligation to address such conduct under applicable law or the School Policies.
YOU ACKNOWLEDGE AND AGREE that neither you nor your child shall be entitled to any compensation, royalty, fee, or other payment arising from or relating to the creation, use, reproduction, publication, or other exploitation of the Works by P.A.C.E.
16. Off-Campus Activities and Privileges and Waiver and Indemnity of Claims
You acknowledge that your child may participate in field trips, excursions, athletic events, educational programs, and other activities occurring off School premises, and that students in Grades 7 and 8 may be permitted to leave School property during designated periods (including lunch) in accordance with the School Policies. You acknowledge that risks may arise while your child is participating in off-campus activities or exercising authorized off-campus privileges.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, HOLD HARMLESS, AND FOREVER DISCHARGE THE P.A.C.E. PARTIES FROM ALL ACTIONS, PROCEEDINGS, CLAIMS, DAMAGES, COSTS, DEMANDS, INCLUDING COURT COSTS AND COSTS ON A SOLICITOR-CLIENT BASIS, AND LIABILITIES WHATSOEVER NATURE OR KIND (INCLUDING CLAIMS BY THIRD PARTIES AND PERSONAL INJURY, DEATH, PROPERTY DAMAGE, ILLNESS, OR OTHER LOSS), ARISING OUT OF ANY WAY CONNECTED WITH YOUR CHILD’S PARTICIPATION IN SUCH ACTIVITIES OR EXERCISE OF SUCH PRIVILEGES, WHETHER ARISING FROM THE NEGLIGENCE OF THE P.A.C.E. PARTIES, BREACH OF ANY DUTY IMPOSED BY LAW (INCLUDING BY THE OCCUPIERS’ LIABILITY ACT, R.S.O. 1990, C. O.2), BREACH OF CONTRACT, OR MISTAKE OR ERROR OF JUDGMENT OF THE P.A.C.E. PARTIES, OR OTHERWISE.
P.A.C.E. may require additional permissions, acknowledgements, waivers, or releases in connection with particular activities or programs. You acknowledge that P.A.C.E. does not provide accident insurance coverage for student injuries occurring on or off School premises or during PA.C.E.-sponsored activities. You acknowledge that you have been advised to consider obtaining Student Accident Insurance or other appropriate coverage.