Living Porpoisefully® Sea School Terms + Conditions

In registering for Living Porpoisefully® Sea School courses, you acknowledge and accept risk, and terms of conditions of participation:

Risks and Release: I have reviewed the description of the Living Porpoisefully® Sea School online program and feel that I have sufficiently informed myself about the nature of the activities involved. I acknowledge that there is some risk involved in my child’s participation of the program, and I acknowledge and accept these risks and that Living Porpoisefully®, LLC Sea School (hereafter “LP Sea School”) takes no responsibility for these risks. I confirm that I understand that I am responsible for supervising my child during their participation in these online activities. I further confirm and understand that the content of this course is for educational purposes only.

In consideration of my child(ren)’s attendance in the Sea School online program, and in recognition of the above, I on behalf of myself and my child(ren):

Release LP Sea School, its directors, agents, and employees from any and all liability for any loss, damage, injury or expense that I, or my child(ren), may suffer or incur by reason of my or my child(ren)’s participation in LP Sea School online program; Waive any and all claims, demands, damages, actions or causes of actions against LP Sea School, its directors, agents, and employees, arising out of or in consequence of any loss, injury or damage to my person or property incurred in relation to my engagement and my child(ren)’s engagement with LP Sea School, even if any such loss, injury, or damage may have arisen by reason of the negligence of LP Sea School, its directors, agents or employees; Will indemnify and hold harmless LP Sea School, its directors, agents, and employees from any and all liability for loss, damage, injury or expense (including actual legal fees), suffered or incurred by me or my child(ren) in connection with my child(ren)’s presence at, or participation in LP Sea School’s online program, and specifically for any liability payments and legal costs made pursuant to a settlement or trial judgment in favor of my child(ren).

Activities: LP Sea School may involve working with items including, but not limited to, the following: household chemicals, glass, scissors, craft items, food, ovens and microwaves. Activities may include physical movements and exercise, outdoor “nature” investigations, and water play activities. It is the responsibility of the Guardian to supervise the child when using any items or participating in the activities associated with the LP Sea School course.

Video Conferencing and Chat: In order to deliver interactive online programs, we may use the video conferencing tool Zoom (or alternate substitute) and/or chat tools. LP Sea School may store or access your child’s personal information. This information will not be disclosed outside of LP Sea School without your consent.

Supervision + Supply Sourcing is the Responsibility of Guardians: Guardians must supervise and support their child when participating in an LP Sea School online program. The supervision provided should be at an age-appropriate level for a child working on an independent project. LP Sea School does not supply the physical materials for the activities. You must be able to access the internet and print downloaded files. Guardians must be easily available if the child summons them. Participation in an LP Sea School online program is not a substitute for guardian supervision.

Internet Use has Inherent Risks: In order to support student learning, these programs are being offered online. Internet use carries with it inherent risks. During this program, youth will access the internet and interact with other youth in a structured online environment. Youth may also interact with the instructor via email for question and answer sessions. It is the responsibility of the guardian to structure their child’s internet access in an age-appropriate manner. We also encourage guardians to talk to their child about online privacy and responsible online engagement.

Session Will be Recorded for Safety and Training Purposes: To protect the safety of participants and instructors, online sessions and chats will be recorded whenever possible. Recordings may be accessed by LP Sea School staff for training purposes, as a part of an incident review process, or for use in promotional materials.

Email Communications: I agree to be sent information via email about LP Sea School’s programs, including but not limited to photos and videos taken during the programs.

Photography and Promotions: LP Sea School will occasionally take pictures and/or videos of its camp participants to send to parents and for use in promotional materials or publications (websites, social media, brochures, etc.). I agree to allow LP Sea School to reproduce the likeness of my child in such promotional/advertisement materials and publications.

Refunds and Cancellations: I agree that my purchase of LP Sea School online programs is non-refundable. 100% payment is required upon registration. LP Sea School reserves the right to cancel programs, with a full refund, if minimum requirements for registration are not met. LP Sea School does not offer refunds or makeup sessions for missed classes. Students who are disruptive, abusive, or fail to follow camp guidelines for conduct and language may be asked to leave the class, with no refund or makeup session. LP Sea School reserves the right to discontinue

Intellectual Property: I agree to assign to LP Sea School ownership of any intellectual property produced by my child during LP Sea School’s online program. I understand that if I assign my child’s intellectual property rights to LP Sea School, then LP Sea School will manage the intellectual property and I will not receive any financial benefit from LP Sea School for that intellectual property.

I agree that LP Sea School contains proprietary Content that is owned by Living Porpoisefully and/or licensors and is protected by copyright, trademark, and other applicable property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.

I agree that I will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. I will not use the LP Sea School online program or the Content available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. Unless explicitly authorized in this Agreement, I may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from LP Sea School programs. I may, however, from time to time, download and/or print one copy of individual pages of the Site for my personal use, provided that I keep intact all copyright and other proprietary notices.

*If this Agreement is entered into for commercial purposes, such as for the use of the course in science centers, group camps, and aquariums, the use restrictions of the Product Content may vary from those listed above.

I may not create derivative works, resource guides, educational materials, source materials, intellectual property, websites, blogs, web content or any other works that reference the Company, Living Porpoisefully, Eve + Rett Taylor, LP Sea School programs, or LP Sea School content, or infringe on any of the Company’s intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to LP Sea School Product (including the compilation of Content postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all of their respective rights in law and equity. The use of the Company’s Sea School Product, except as permitted in this agreement, is strictly prohibited and infringes on the intellectual property rights of the company and others and may subject me to civil and criminal penalties, including possible monetary damages, for copyright and other infringement.

Company trademarks, service marks, graphics, and logos used in connection with LP Sea School are common law trademarks or registered trademarks of the Company. I am granted no right or license with respect to any of the aforesaid trademarks.

Use Limits + Access: LP Sea School Product includes access for one (1) person or household unit. Upon registration, I will receive one username and password for the Site.

Conduct: Participants are expected to be respectful and considerate towards other participants, LP Sea School staff including all instructors, and external partner organization instructors.

Participants are expected and required to follow the directions of all instructors. If there is a breach of these rules, instructors will discuss the issue with the participant and/or their parents or guardian. In the event that there is a continuous breach of these rules, LP Sea School may require the participant to withdraw from the remainder of the program, without reimbursement of any camp fees. I confirm that I have discussed these rules and expectations with my child. I accept liability for all damage caused by my child.

Changes to Content Offerings

LP Sea School reserves the right to cancel, interrupt, reschedule, or modify any Product or Content Offerings.

Modifying or Terminating our Services

We are constantly changing and improving our Products and Services. We may add or remove functions, features, or requirements, and we may suspend (to the extent allowed by applicable law) or stop part of our Services altogether. Accordingly, LP Sea School may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. LP Sea School shall not have any liability to you for any such action. You can stop using our Services at any time.

Feedback

We welcome your suggestions, ideas, comments, and other feedback. By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you.

Third-Party Materials and Websites

The Company may provide links to third-party materials and websites as a convenience to me and other LP Sea School Participants. These third-party materials and websites are not part of the LP Sea School Program and they may either withdrawn or terminated at any time without notice to me and without any liability on the part of the Company. I agree that I will be responsible for all payment and other obligations associated with my use of any and all third-party materials and websites. In addition, I agree that the Company is not responsible for examining or evaluating the content or accuracy of any third-party material and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services of third-parties. I further agree that I will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for my improper use of third-party materials and websites.

Additional Terms and Conditions

Governing Law. I and the Company have entered into this Agreement in the State of Florida and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among me and the Company, shall be determined in accordance with the laws of the State of Florida, United States of America without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
Limitation of Liability. In connection with any warranty, contract or common law tort claims: (I) The Company, its owners, officers, employees, affiliates, contractors, or licensees shall not be liable for any indirect, consequential incidental, special, exemplary or punitive damages arising from or out of this Agreement, including my use of LP Sea School program; and (II) my sole and exclusive remedy is to discontinue using the LP Sea School program. Because some states or jurisdictions do not allow the exclusion of certain warranties, some of the above limitations on warranties in this section may not apply to me.

As set forth in our Privacy Policy, the Company shall use reasonable efforts to protect information submitted by me in connection with my purchase and use of the LP Sea School Product, but I agree that my submission of such information is at my sole risk.

Non-Disparagement. I agree that I will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, LP Sea School, or Eve + Rett Taylor, including but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
Binding Effect. This Agreement shall be binding upon, and inure to the benefit of, the successors executors, heirs, representatives, administrators, and permitted assigns of the parties. I have no right to assign this Agreement, by operation of law or otherwise. The LP Sea School Product is a non-transferable program.
Termination. The Company is committed to providing all customers in the Program with a positive Program experience. If I fail, or the Company suspects that I have failed, to comply with any of the provisions of this Agreement, the Company in its sole discretion and without notice to me, may (a) limit, suspend, or terminate my participation in the LP Sea School Program without refund and/or (b) terminate this Agreement. My obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
Changes. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on my use of the LP Sea School Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. My continued use of the LP Sea School Product will be deemed my acceptance thereof. The changes may be listed in an area accessible to me on the Site or I may be notified by either e-mail or postal mail. If I have any questions, LP Sea School can be contacted at thetaylors@livingporpoisefully.com

I acknowledge that the LP Sea School instructor is an expert marine biology educator and trained professional. Participants should not handle wildlife without professional supervision. Courses are for educational purposes only. I acknowledge that the courses are designed to offer safety tips for certain marine related situations. These tips are not a substitute for medical care.

In consideration of my or my child’s participation in the program, I consent to the above terms of release and conditions by checking the acknowledgement box upon registration..