MyGoKids Terms & Conditions
1. This Agreement
1.1 Nature of this agreement: This agreement is for a one-year membership in MyGoKids’s short-term child care services, as set forth herein. The MyGoKids facility (the “Center”) remains in MyGoKids’s possession and control. THE CUSTOMER ACCEPTS THAT THIS AGREEMENT CREATES NO TENANCY INTEREST, LEASEHOLD ESTATE OR OTHER REAL PROPERTY INTEREST IN THE CUSTOMER’S FAVOR WITH RESPECT TO THE ACCOMMODATION(S). MEMBERSHIPS ARE BEING OFFERED EXCLUSIVELY FOR THE PURPOSE OF PERMITTING PERSONS ACQUIRING A MEMBERSHIP TO OBTAIN USE OF THE CHILD CARE FACILITIES AND ACITIVITIES OFFERED BY MYGOKIDS. MEMBERSHIPS SHOULD NOT BE VIEWED OR ACQUIRED AS AN INVESTMENT AND PERSONS PURCHASING A MEMBERSHIP SHOULD NOT EXPECT TO DERIVE ANY ECONOMIC PROFITS FROM MEMBERSHIP IN THE CENTER.
This agreement is personal to the Customer and the child named in this Agreement, and cannot be transferred to anyone else without prior consent from MyGoKids (also referred to herein, as the “Company”).
1.2 Comply with Operation Policies for the Center: The Customer must comply with the Statement of Operation Policies and any House Rules which the Company imposes generally on users of the Center. The policies and House Rules of the Company may be updated and changed from time to time at the sole discretion of the Company.
1.3 Automatic Renewal: There is no automatic renewal of a membership. Unless sooner terminated herein, all memberships are terminated at the end of the current one-year term.
1.4 TERMINATION: Unless otherwise set forth herein, Customer’s membership will be for a one year commitment, and expire at the end of the one year term.
(a) Customer’s Right to Early Termination. Customer shall the right to cancel this agreement with no penalty or termination fee within 30-days from signing this agreement. After the 30-day grace period, a one-month early termination fee will be charged to any customer who terminates their membership prior to the completion of the one year commitment. Customer must give the Company at least thirty (30) days advance written notice prior to any early termination.
(b) Company’s Right to Early Termination. The Company reserves the right to terminate Customer’s membership, at any time and without cause, after seven (7) days’ notice to Customer. If the Company elects to terminate Customer’s membership prior to the end of the current term, Customer shall only be charged for any fees and costs incurred up until the date the Customer’s membership was terminated by the Company.
1.5 Ending this agreement immediately: To the maximum extent permitted by applicable law, the Company may put an end to this agreement immediately by giving the Customer notice and without need to follow any additional procedure if (a) the Customer becomes insolvent, bankrupt, goes into liquidation or becomes unable to pay its debts as they fall due, or (b) the Customer is in breach of one of its obligations which cannot be put right or which the Company has given the Customer notice to put right and which the Customer has failed to put right within seven (7) days of that notice, or (c) its conduct, or that of someone at the Center with its permission or invitation, is incompatible with the rules or policies of MyGoKids. If the Company puts an end to this agreement for any of these reasons it does not put an end to any outstanding obligations, including additional services used and the monthly fee for the remainder of the period for which this agreement would have lasted if the Company had not ended it.
1.6 If the Center is no longer available: In the event that the Company is permanently unable to provide the services and accommodation(s) at the Center stated in this agreement then this agreement will end and the Customer will only have to pay monthly fees up to the date it ends and for the additional services the Customer has used.
1.7 Notices: All formal notices must be in writing to the Center address.
1.8 Confidentiality: Customer agrees that the terms of this agreement are confidential. Customer must disclose them without the Company’s consent unless required to do so by law or an official authority. This obligation continues after this agreement ends.
1.9 Applicable law: This agreement is interpreted and enforced in accordance with the laws of the State of Hawaii. All dispute resolution proceedings will be conducted in the country, state or province where the Center is located. If any provision of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force.
1.10. Severability. If any provision of this Agreement is determined to be invalid or unenforceable for any reason, the other provisions will remain valid and enforceable.
1.11 Enforcing this agreement: The Customer must pay any reasonable and proper costs including legal fees that the Company incurs in enforcing this agreement except that the Company and the Customer will bear their own arbitration costs in the event of arbitration.
2. Services and Obligations
2.1 Child Care Service(s): the Company is to provide child care services and activities at the Center, excursions outside of the center, Mt. Fuji Rock Climbing, Creation Station, Multi-use room, Monkeying Around, Technology Corner, B-Ball, Surf’s Up, Wall2Floor, Rewards Hall, and Explore Oahu but not limited to these activities only but to other approved activities offered by the Company for which the Customer has agreed to pay as set forth in this agreement. This agreement lists the accommodation(s) and activity(ies) the Company has initially allocated for the Customer’s use. These accommodation(s) and activity(ies) are subject to change.
2.2 Consent to Participate in Activities. Customer gives the designated child permission to attend and participate in the activities conducted by MyGoKids.
2.3 Representative of Child. The undersigned Customer hereby represents and warrants that I am the responsible parent/guardian of the designated child named herein. In consideration of MyGoKids providing child care services for my/our child/ward, named above, do for myself/ourselves, my/our heir, executors, administrators and assignees, hereby release and discharge demands, actions, causes of action, or suits of any kind or nature whatsoever, which may arise from my/our child’s participation in the child care activities, except for gross negligence or willful misconduct on the part of MyGoKids or the Company’s officers, directors, employees or agents.
2.4 Damages. Customer is responsible for any and all damages caused by the Customer’s child identified herein, while in the Company’s care, unless the damage is a result of the gross negligence or willful misconduct on the part of MyGoKids or the Company’s officers, directors, employees or agents.
2.5 Safety of Other Children. For the health and safety of other children, MyGoKids has the right to deny admittance of any child that may be ill or if it is determined by MyGoKids staff that there is a chance of spreading infection or disease.
3. Providing the Services
3.1 Accessibility of Customer. Customer shall be reachable by telephone at all times while the child is at the Center or under the supervision of the Company.
3.2 Availability at the start of this agreement: If for any reason the Company cannot provide the services/accommodations stated in this agreement by the date when this agreement is due to start it has no liability to the Customer for any loss or damages but the Customer may cancel this agreement without penalty. Customer agrees that the Company may delay the start date of this agreement by up to 60 days before Customer has the right to cancel this agreement without penalty.
3.3 Emergency Contact. Customer hereby agrees that, if MyGoKids staff is unable to contact me or one of the persons listed as emergency contacts, Customer hereby consents that if my child exhibits signs of illness or injury, that at the discretion of the MyGoKids supervisor on duty, my child may be taken to the nearest medical facility and be given any examination or treatment that is deemed necessary by the personnel of the medical facility and, if permissible by medical facility, subsequently released to MyGoKids Supervisor or staff-in-charge.
4.1 Comply with the law: The Customer must not do anything that may interfere with the use of the Center by the Company, its employees or by other customers, cause any nuisance or annoyance, or cause loss or damage to the Company (including damage to reputation) or to the owner of any interest in the building which contains the Center. The Customer acknowledges that (a) the terms of the foregoing sentence are a material inducement in the Company’s execution of this agreement and (b) any violation by the Customer of the foregoing sentence shall constitute a material default by the Customer hereunder, entitling the Company to terminate this agreement, without further notice or procedure.
5. The Company’s Liability
5.1. The extent of the Company’s liability: To the maximum extent permitted by applicable law, the Company is not liable to the Customer in respect of any loss or damage the Customer suffers in connection with this agreement or with the child care services, unless the Company has acted grossly negligently in causing that loss or damage. In no event shall the Company be liable for any loss or damage until the Customer provides the Company written notice and gives the Company a reasonable time to put it right. If the Customer believes the Company has failed to deliver a service consistent with these terms and conditions the Customer shall provide the Company written notice of such failure and give the Company a reasonable period to put it right.
5.2 Hold Harmless and Indemnity. Customer agrees to indemnify and to hold MyGoKids, its affiliates and their employees and agents harmless against loss from any and all claims, demands, damages, actions, causes of actions, suits of any kind or nature whatsoever, that may hereafter be made or brought by my/our child(ren)/ward(s) or by anyone on his/her/their behalf and I/we waive any and all rights of exemption under any federal and/or state laws against all such claims.
5.3. Financial limits to the Company’s liability: In all cases, the Company’s liability to the Customer is subject to the following limits: Up to 100% for any monies paid by the Customer to the Company.
6.1 Taxes and duty charges: Customer agrees to pay promptly (i) all sales, use, excise, consumption and any other taxes and license fees which it is required to pay to any governmental authority (and, at MyGoKids’s request, will provide to MyGoKids evidence of such payment) and (ii) any taxes paid by MyGoKids to any governmental authority that are attributable to the accommodation(s), including, without limitation, any gross receipts, rent and occupancy taxes, tangible personal property taxes or other documentary taxes and fees.
6.2 Membership Fee Retainer/Deposit: Upon enrollment of this one-year membership, Customer will be required to pay a membership deposit equivalent to 1 month of the monthly membership fee (plus all applicable taxes) upon entering into this agreement unless a greater amount is specified in this agreement. The membership deposit will be applied to the Customer’s first month’s membership upon the commencement of the Term.
6.3 Payment: MyGoKids is continually striving to reduce its environmental impact and supports its clients in doing the same. Therefore MyGoKids will send all invoices electronically (where allowed by law) and the Customer will make payments via an automated method such as Direct Debit or Credit Card, wherever local banking systems permit unless another form of payment is offered to the Customer as a qualified and current Key Account. All amounts payable by the Customer under this agreement may be assigned to other members of the Customer’s group.
6.4 Late payment: If payment any monthly payment or any other accrued and outstanding fee is not made by the tenth (10th) of the month in which such payment is due, Customer shall on demand be responsible for paying the then-current late charge in a sum equal to ten percent (10%) of any amount overdue.
6.5 Insufficient Funds: The Client will pay a fee for any returned check or any other declined payments due to insufficient funds of $35.00.
6.6 Walk-In Services: Fees for walk-in services, plus applicable taxes, in accordance with the Company’s published rates which may change from time to time, are invoiced in arrears and payable the month following the calendar month in which the additional services were provided.
6.7 Discounts, Promotions and Offers: If the Customer benefited from a special discount, promotion or offer, the Company may discontinue that discount, promotion or offer without notice if the Customer breaches these terms and conditions or becomes past due on two or more occasions.