Class Policies

This General Waiver & Release of Liability (the “Release”) made by and between the “Guardian” and FUNctional Speech Therapy Services, PLLC, including its member(s), employee(s), agent(s), and affiliate(s) (hereinafter referred to collectively as the “Company”) (the Guardian and Company shall be referred to collectively as the “Parties”), and this Release shall be effective as of the date affixed next to the Guardian’s signature, or the first date the Guardian or his/her children participate in any activity associated with the Company, whichever is earlier.  The Parties hereby agree to be bound to the following terms:

Assumption of Risk:  The Guardian hereby acknowledges that he/she must accompany any minor children in Guardian’s care, at all times while participating in any activities associated with the Company whatsoever.  The Company shall, at no time, assume any responsibility for the Guardian or child(ren) in Guardian’s care.  To the extent the Guardian entrusts any individual to participate in any activities on the Guardian’s behalf, the Guardian does so in his/her sole discretion and the Company shall not be liable for any actual or alleged physical, mental, or other damages/injuries (hereinafter “damages”).  The Company shall at no time assume any responsibility (including loco parentis) to monitor or supervise any child. The Guardian, by executing this Release, expressly and unequivocally waives the right to make any claim or institute any action for damages whatsoever against the Company, or any member, employee, agent, or affiliate of the Company, for any and all claims, including claims of negligence. 

No Warranties:   The Guardian Must supervise all minors in his/her care at all times, and use all teaching aids, toys, games, in the manner consistent with their intended use.  The Company does not make any representations or warranties as to the quality of manufacture, instruction, warnings, or fitness for any particular use, as to any products used or recommended by the Company.  Therefore, the Company shall not be liable for any alleged or actual defects as to any such products.  The Guardian has the right, at all times, to control his/her child(ren) while participating in any activities and shall exercise his/her best judgment as to whether to participate in same.

No Guarantees:  The Company shall use its best efforts and experience in the best interests of all participants.  However, the Company cannot guarantee any particular results, as to any child, including any improvement with speech, communication, learning, etc.  The Company shall be deemed to have fully performed, irrespective of any individual experience of the Guardian or his/her child(ren). 

Third Parties:  The Guardian hereby acknowledges that the Company does not own or control the location where the Company performs any services contemplated by this Release.  Accordingly, the Company makes no representations as to the safety, maintenance, or fitness of such locations, which are exclusively owned, managed, and controlled by third parties, including the county, city, state, or municipality where the services are performed.

Mutual Non-Disparagement:  The Parties shall not make any remarks, claims or public statements regarding the quality or competency of the Company and agree not to defame or cause any person or entity to make any negative or disparaging statements to any government entity, or make any such public statements on any Facebook, Instagram, Google, Yelp, or similar website or application.

Attorneys’ Fees:  To the extent necessary, to enforce the terms of this Release, the Guardian shall be permitted to recover its reasonable attorneys’ fees and costs associated with any claims or actions made against the Guardian.

Acknowledgement:  By executing this Release, the Guardian represents and warrants that he/she has full authority to execute this Release, which shall be binding upon all parents, or other legal guardians, as applicable.  Further, the Guardian executes this Release with full knowledge of the legal implications of this Release and with the intent to be bound by the terms of same. 

You will be asked if you agree to these terms when you register for a class.