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Activity  Agreement

The mission of Blooming Brainwaves is to foster learning, an appreciation for the arts, self-confidence and creativity in order to increase opportunities for personal growth. Blooming Brainwaves is a creative space that provides access to educational activities, coaching and "Learning Through Play" drop-in care and academic support. Participating in classes/activities confirms your agreement to the following terms: PHOTO/MEDIA POLICY From time-to-time photographs will be taken to be used in our marketing efforts. You give The Blooming Brainwaves, Inc. permission to use your/your child’s photograph. Children will not be identified in photographs. REFUND POLICY There are no refunds, but you may reschedule your missed class/session. MISSED CLASSES POLICY There are no refunds or transfers, but you can reschedule your missed class at another time that is being offered. CANCELLATION POLICY Blooming Brainwaves reserves the right to cancel any class for any reason. Students enrolled in a class which is canceled will be notified by email if a valid email address has been provided. Students enrolled in a canceled class will be offered the opportunity to reschedule the class. DISRUPTIVE BEHAVIOR If any individual engages in behavior that, at the discretion of The Blooming Brainwaves, is inappropriate, detrimental to the community, dangerous, or illegal, then The Blooming Brainwaves shall have the right to immediately remove the individual responsible from The Blooming Brainwaves and bar that individual’s re-entry. WAIVER, RELEASE OF LIABILITY & HOLD HARMLESS All users of the Blooming Brainwaves and Participants in events in the Blooming Brainwaves, hereby waive, release, and forever discharges any and all claims for direct, indirect, consequential, incidental, contractual, compensatory, tort based, punitive or any other damages or any sort arising from any cause or basis whatsoever including but not limited to personal injury, death, or property damage which Participant and/or Participant’s children, heirs, executors, assigns, parents, personal representatives, or estate may have or which may hereafter accrue as a result of participation in the Activity. Participants, to the fullest extent permitted by law, shall indemnify, defend, hold harmless, protect and defend Releasees from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses, including (but not limited to) attorney fees, arising out of or resulting from any cause of action for any reason whatsoever including but not limited to the negligence or misconduct in connection with participation in the Activity. Should any such claim, demand, or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of the United States, any state, or under any theory of law or equity, Participant will indemnify, hold harmless and defend Releasees from any and all costs, expenses, or liability including but not limited to the cost of any settlement or judgment made or rendered against Releasees. The parties hereby agree that this Agreement is governed by the laws of the United States and the State of Tennessee. ASSUMPTION OF RISK. Participants in Blooming Brainwaves activities hereby acknowledge that its presence, use, provision or performance of services or participation in activities on or about The Blooming Brainwaves, including the use of any equipment, hardware or tools may expose Participant to certain risks including all injuries, death, property damage, or other harm could occur to Participant or others. Participant is voluntarily participating in the Activity with knowledge and acceptance of the substantial risks, hazards, and other dangers involved. Participant hereby accepts any and all risks of injury (including death) arising out of or in any way connected with the Activity, use, provision or performance of services or participation in activities on or about The Blooming Brainwaves, including the use of any equipment, hardware or tools, even if provided by the Participant or by a third party. Note: Participants are required to accept all updated Terms of Use in order to access Blooming Brainwaves. NON-DISCRIMINATION POLICY The Blooming Brainwaves does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, volunteers, subcontractors, vendors, and clients. PRIVACY POLICY Your use of this Site and our member’s portal is governed by The Blooming Brainwaves Privacy Policy. Blooming Brainwaves is committed to protecting your privacy. To make your experience at The Blooming Brainwaves site and member’s portal site on the internet more convenient, we may gather information from you. We maintain the privacy of your information by using security technologies and adhere to policies that prevent unauthorized use of your personal information. We collect information on which portions of our website visitors access or visit. We also collect information volunteered by visitors during product, membership and/or mailing list registrations. The information collected from our online forms will be used for internal business purposes, such as providing feedback to the visitor regarding product or financial information or technical support, and in funding/grant applications. No individual identifiable information will be shared with outside entities. We monitor and track usage of our website, viewing and traffic patterns, customer behavior, and other similar information. We compile this information into a statistical aggregate. We use this aggregate information, as well as your personal information, for internal business and administrative purposes, including the improvement of our website, our operations, and our customer service. Protecting Your Privacy We may share aggregate information about website usage and traffic patterns, stripped of any individual identifiable information, to third parties to comply with various reporting obligations and for business or marketing purposes. Use of Cookies Cookies are pieces of information that are stored on your computer and used for record keeping purposes. We may use cookies to make visiting and using our website easier. Cookies can help us see which parts of our website are the most or least popular and provide us with directions to improve our customers’ online experience. We do not and will not use cookies to retrieve personal information about you from your computer. Privacy Policy Changes If we decide to change our privacy policy, we will post these changes so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. All changes to our privacy policy will be effective upon posting. If you have any further questions regarding our privacy practices, please email: COVID POLICY PUBLIC EVENTS, GROUP GATHERINGS & ROOM RENTALS COVID-19 Policy Update: The safety of our members, visitors, volunteers, and staff is our top priority. Attendees are expected to follow CDC COVID precautions. Proof of vaccination and/or negative tests are no longer required for entry. Masking is welcome and encouraged. If you have symptoms of COVID, a cold, flu, or other virus, please stay home. MEMBERSHIP COVID-19 Policy Update: As of June 8, 2022, attendees are expected to follow CDC COVID precautions. Proof of vaccination and/or negative tests are no longer required for entry. If you have symptoms of COVID, a cold, flu, or other virus, please stay home. RESOURCES: •Tennessee PCR testing is free. Testing locations can be found here. •Tennessee COVID-19 vaccinations and boosters are free. Locations can be found here. PLEASE NOTE: This policy will continue to adapt based on virus developments as well as guidance provided by county, state, and national public health officials. LATEST REVISION: Jan 4, 2024

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