ONTOP SPANISH

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Policies, Terms & Conditions, and Liability Waiver

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(Operated by On Top Performance LLC)

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The following Policies, Terms & Conditions, and Liability Waiver ensure a safe, supportive, and transparent learning environment for all families.

By enrolling, families acknowledge reading, understanding, and agreeing to this entire document.

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1. Program Structure, Attendance & Class Format

• Consistency is essential for language learning; regular attendance is expected.

• Missed classes are non-refundable and cannot be credited or transferred.

• If a class is cancelled due to facility closure, weather, holidays, or emergency building shutdown, no make-up class will be offered.

• If an instructor is ill or unable to attend, a make-up class will be provided.

• Classes run 50–55 minutes to allow safe transitions between groups.

• OnTop Spanish does not guarantee specific learning outcomes, language proficiency levels, or rate of progress.

• Every child develops at their own pace; progress varies.

• OnTop Spanish reserves the right to modify instructors, class format, curriculum, or scheduling to ensure program quality.

• Enrollment and tuition payments are non-transferable to other families or students.

• OnTop Spanish is a program operated by On Top Performance LLC.

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2. Communication & Parent Responsibility

• Parents agree to provide accurate contact information and check messages regarding schedule updates, closures, or emergencies.

• Parents/guardians are responsible for ensuring their child arrives and leaves safely.

• OnTop Spanish is not responsible for students before arrival or after dismissal.

• Children must be dropped off and picked up directly at the classroom.

• OnTop Spanish is not responsible for children in hallways, parking lots, restrooms, playgrounds, or other facility areas.

• If someone other than the listed guardian will pick up the child, written notice is required.

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3. Class Placement & Spanish Levels

• No prior Spanish experience is required.

• Students are grouped by age and developmental readiness.

• Instructors may recommend placement adjustments to support a child’s progress, confidence, and learning needs.

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4. Behavior Expectations

To maintain a positive and safe learning environment:

• Students must show respect toward instructors and peers.

• Disruptive or unsafe behavior may result in withdrawal without refund.

• A support plan may be created if needed, in collaboration with the family.

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5. Health, Allergies & Food Activities

To support student safety:

• Keep your child home if they are sick or showing contagious symptoms.

• Instructors do not administer medication.

• Parents must disclose all allergies, dietary restrictions, medical conditions, and learning needs in writing.

• Parents certify that all information provided regarding their child’s health, allergies, and needs is accurate and complete.

Food as a Learning Tool

As part of cultural and language learning, students may:

• Handle food

• Taste simple foods

• Participate in safe food-preparation activities

By enrolling, parents:

• Authorize participation in these activities

• Accept full responsibility for providing allergy or dietary information

• Understand that failure to disclose such information releases OnTop Spanish from liability

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6. Tuition, Payments & Late Fees

• Tuition secures a student's space for the full semester and is non-refundable.

• Enrollment may be paused or cancelled if payment is not completed.

• Late payments incur a $5 per-day late fee.

• If a class does not meet minimum enrollment, families may receive a refund or an alternate schedule option.

• Enrollment and tuition payments are non-transferable.

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7. Materials & At-Home Learning

• Classroom materials remain property of OnTop Spanish unless otherwise noted.

• Optional at-home activities may be provided to reinforce learning.

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8. Media Release

By enrolling, parents grant OnTop Spanish and On Top Performance LLC permission to take photos and short videos during classes and events for use in:

• Program publications

• Website content

• Social media

• Promotional materials

No compensation is provided.
All photos and videos become the property of On Top Performance LLC and may be used without time limitation.

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9. Liability Waiver & Assumption of Risk

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NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN:

Read this form completely and carefully. You are agreeing to let your minor child participate in a potentially dangerous activity. You are agreeing that, even if OnTop Spanish and On Top Performance LLC use reasonable care, there is a chance your child may be injured or killed by participating in this activity because there are dangers inherent in the activity that cannot be avoided or eliminated.

By enrolling, you are giving up your child’s right and your right to recover from OnTop Spanish, On Top Performance LLC, and all Releasees in a lawsuit for any injury or property damage resulting from these inherent risks.

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I understand that participation in OnTop Spanish involves inherent risks including, but not limited to:

• Minor physical movement

• Slips, trips, or falls

• Handling or tasting food

• Interaction with peers

• Allergic reactions

• Unforeseen accidents

I voluntarily assume all risks, known and unknown.

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To the fullest extent permitted by Florida law, I waive, release, and discharge:

• On Top Performance LLC

• OnTop Spanish

• Otavio Battaglia

• Natalia Masia

• All instructors, staff, assistants, and volunteers

• The Chisholm Community Center and all facilities used from any and all claims, demands, or causes of action related to my child’s participation, including ordinary negligence.

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I understand I am giving up the right to sue for accidental injury, illness, or property damage.

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10. Indemnification

I agree to indemnify, defend, and hold harmless the Releasees from any claims brought by myself, my child, or any third party arising from participation in the Program, including attorney fees and related costs.

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11. Medical Emergencies

• Instructors and staff are not trained to administer medical care or first aid.

• Families should not expect medical treatment from staff.

• Instructors may call 911 or emergency services if urgent care appears necessary.

• Parents assume full financial responsibility for all medical treatment.

• OnTop Spanish, its instructors, and On Top Performance LLC are not liable for any delay in medical treatment, actions taken in good faith, or emergency response decisions.

I certify that my child is physically and mentally able to participate and that I have disclosed all relevant health conditions.

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12. Governing Law

This agreement is governed by the laws of the State of Florida.

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13. Severability

If any part of this agreement is found unenforceable, the remainder will remain in full effect.

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14. Acceptance of Terms

By enrolling in OnTop Spanish and checking the box “I agree,” I acknowledge that:

• I have read and understood the Policies, Terms & Conditions, and Liability Waiver.

• I voluntarily agree to all terms on behalf of myself and my child.

• I understand this agreement affects my legal rights.

• I am the legal parent/guardian of the child(ren) I am enrolling.

• I understand that make-up classes are not offered for closures other than instructor illness unless explicitly announced by OnTop Spanish.

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