Tynker CodeMaker Camp Parent Terms and Conditions
Dear Parents and Guardians –
Thanks for your interest in the Tynker CodeMaker Camp program – we appreciate it very much!
Each camp is run by a student-facing educator who is employed at or in a K-12 public, public charter, private, or parochial school or district in the United States. These “Camp Teachers” will each run their own camp that teaches computer science to students (“Campers”) using Tynker™ coding curriculum, an educational platform and package of curriculum and teaching methods used by millions to learn computer science in a fun and intuitive way. Parents and guardiansYou may select camp sessions and register your children kids (i.e., the Campers) through individual camp websites connected to our Tynker.com website. Camp Teachers and Campers will have access to the Tynker coding curriculum for camps through the Tynker.com web site.
Note that the Camp Teachers are not our employees (they are each independent business operators); you register your children through our registration portal that we operate for uniformity and the benefit of the Camp Teachers; we share a substantial portion of the registration fee that you pay to Tynker with the Camp Teachers through a commission arrangement.
Please read these terms and conditions (“Terms and Conditions”) carefully as they represent your agreement with Tynker and the Camp Teacher with respect to your child(ren) attending one or more Tynker CodeMaker Camps. You agree to abide and be bound by – and a party to – these Terms and Conditions; they supersede any conflicting verbal or written agreements, understanding, or otherwise made or proposed to be made by a Camp Teacher. You must unconditionally agree to all these Terms and Conditions or you may not register your child(ren) in any Tynker CodeMaker Camps; if you don’t so agree, your child(ren) will be ineligible to participate in the camps and may not access our website and services associated with the Tynker CodeMaker Camp program. Use of Tynker’s curriculum, website, and related services are expressly conditioned upon your assent to all the provisions of these Terms and Conditions.
Our (Tynker’s) Role
- We (i.e., Tynker) will provide for each camp the award-winning Tynker™ coding curriculum and teacher guides, educational platform, website, and package of curriculum and teaching methods that have been successfully used by millions to learn computer coding.
- We provide the Camp Teachers with administrative and marketing support, including tools to enable them to design and publish a CodeMaker Camp website to inform parents and guardians about the camp they will operate.
- We also provide each Camp Teacher with access to training provided by the American Camp Association to help her/him understand the logistics of starting and operating their own camp.
- We provide the online registration system and payment portal for you to register your children for the camp sessions that you choose among the camps convenient to you based on location, schedule, and cost. This includes secure hosting of each Camper’s information.
- We will keep all information about Campers and their parents or guardians strictly confidential other than as necessary to make available to share with Camp Teachers to enable them to operate their coding camps (e.g., providing access tosharing allergy information, emergency contact information, and details guidance regarding which adults are authorized to pick up Campers from camp).
- We require each Camp Teacher to abide by the Tynker CodeMaker Camp Inclusion Pledge, under which they commit to promote diversity, inclusion, and equity in their individual camps and not refuse registration to anyone on the grounds of race, gender, sexual orientation, ethnicity, religion, national origin, or any other protected class or status.
The Camp Teacher’s Role
- We require each Camp Teacher to manage and operate her/his own camp efficiently, professionally, and in such a manner that will foster the Campers’ educational growth in a fun and healthy learning environment.
- Tynker also requires each Camp Teacher to set the camp schedules and pricing, choose and supervise staff, choose and arrange for a suitable location and facility (other than at their home), and provide Wi-Fi Internet access and all necessary computer and other equipment for Campers and the operational needs of the camp.
- Before operating her/his camp, she/he is required to complete the camp training provided by the American Camp Association to help her/him understand the logistics of starting and operating their own camp.
- Each Camp Teacher is obligated to help parents and guardians choose camp sessions, interact with parents regarding the camp registration process via Tynker’s system, will provide them with camp details, and provide all camp-specific operational information (e.g., drop off and pick up times and process, snacks/meals, communication protocols, attire, homework, inclement weather closings, illness policy, etc.). Depending on their camp location, requirements imposed by the owner of that location, and other issues, the Camp Teacher may require you to execute additional documents, agreements, and/or other forms – in addition to completing Tynker’s online registration process. Each Camp Teacher serves as our limited agent solely for purposes of registering Campers and providing our curriculum through their Tynker CodeMaker Camps.
- In addition, each Camp Teacher must provide a safe environment to run the camp, be responsible for the Campers’ safety during the camp, and operate the camp as advertised according to the advertised schedule, with the necessary staff, at the specified location, providing any benefits that were advertised (e.g., snacks).
- Tynker obligates each Camp Teacher to be and remain aware of and comply with all dietary restrictions, nutrition information and other details that you specify during registration.
- Camp Teachers should also manage the camp roster and ensure Campers are picked up by you or other authorized persons at the end of camp each day.
- We require each Camp Teacher to maintain all information about Campers and their parents or guardians as strictly confidential other than as necessary to share with other camp staff members (e.g., allergy information, emergency contact information, and guidance regarding which adults are authorized to pick up Campers from camp).
- Likewise, Camp Teachers should keep emergency information for each Camper readily available and be able to reach emergency services (police, ambulance, fire department) and parents and guardians as needed.
- As noted above, Tynker also insists that each Camp Teacher abide by the Tynker CodeMaker Camp Inclusion Pledge, under which she/he commits to promote diversity, inclusion, and equity in her/his individual camps and not refuse registration to anyone on the grounds of race, gender, sexual orientation, ethnicity, religion, national origin, or any other protected class or status.
- We expect each Camp Teacher to comply with our requirements but as each is an independent contractor who works without our supervision or monitoring, we cannot guarantee that each one fully complies with all of those requirements. Note that Camp Teachers may not amend or modify these Terms and Conditions; they supersede any conflicting verbal or written agreements, understanding, or otherwise made or proposed to be made by a Camp Teacher.
- Finally, each Camp Teacher is free to set her/his own reasonable camp policies regarding issues such as appropriate attire; bullying; emergency medical treatment; illness; addressing communicable or contagious conditions; proper hygiene of Campers; drop off/pick up logistics; grounds for Camper suspension; ability of parents/guardians to visit/inspect camp sessions; taking and use of photos and videos (e.g., for the Camp Teacher to use to promote future camps); and cell phone use during camp sessions.
Your (the Parent or Guardian’s) Role
- You should select the camp(s) and session(s) that best suit the needs of your child(ren) based on location, schedule, cost, illness policy, duration each day, Camp Teacher, and any other factors pertinent to you and your child(ren).
- You must register and pay for your child(ren)’s camp enrollment through the Tynker online registration and payment portal prior to the child(ren) being accepted into the camps you choose.
- You should ensure that you provide complete and accurate information about your child(ren) (including but not limited to emergency contacts, medications taken, allergies, alternate adults eligible to pick up the Camper(s), etc.) - both through Tynker’s online registration process and - as to any important medical or other information - by separately informing the Camp Teacher. You must also execute any required additional documents, agreements, and/or other forms necessary for the particular camp that you select.
- You must drop off and pick up your child(ren) at the scheduled times and provide them with snacks and meals as directed by the Camp Teacher for that camp. ]
- You should communicate with the Camp Teacher about any questions that you have about their camp operations, teaching approach, schedules, policies, etc. Tynker will not have this camp-specific information.
- You acknowledge and agree that (a) each Camp Teacher is directly responsible for teaching your child(ren) and ensuring their safety while attending camp sessions; (b) Camp Teachers are independent business operators; (c) Tynker does not run their camps or direct how they do so; (d) Tynker does not hire or supervise Camp Teachers’ staff; (e) despite whatever precautions that the Camp Teacher may take, there are risks inherent in your child(ren)’s participation in the camp (including but not limited to risk of tripping and/or falling, electrical shock, repetitive motion injury, eye strain, illness contracted from another Camper/parent/staff member, injury by or from a fellow Camper, injury from the physical location of the camp, and others); (f) Camp Teachers set many of their own policies - over which Tynker has no control (e.g., illness absence policy); and (gf) Tynker has no liability or responsibility for the Camp Teachers’ camp operations or for your child(ren)’s success with computer coding education or their care and wellbeing while at camp. You also acknowledge and agree that you have provided all important information (e.g. allergy information, emergency contact details, etc.) - both to Tynker and to the Camp Teacher. Consequently, you assume full responsibility for any and all known and unknown risk of loss, property damage, and/or personal illness or injury (including death) that may be sustained or suffered by your child(ren), or any loss or damage to property owned by you or your child(ren) as a result of participation in and attendance at the camps, and that you covenant not to sue and will indemnify and hold Tynker and its suppliers, and their respective shareholders, affiliates, subsidiaries, officers, directors, employees, volunteers, representatives, and agents and anyone working under, through or in connection with any of them (collectively, the “Releasees”) harmless and free from liability for and from any claims, incident, injuries (physical or otherwise), damages (whether indirect, incidental, punitive, or consequential or of any other nature), losses, attorneys’ and experts’ fees, and other costs associated with the marketing, attendance and participation at, operation, or other actions associated with the camp(s) in which you enroll your child(ren) (collectively, the “Claims”) and will look only to the Camp Teacher for any such claims, etc. You acknowledge and agree that, to the extent permitted by applicable law, these promises apply regardless of whether any Claim is caused by you or your child(dren)’s negligence, the negligence of the Releasees, or the negligence of any third party (including but not limited to other Campers, their parents and guardians, suppliers to the Camp Teacher’s camp, and/or the owner of the space in which the camp is conducted). In addition, you further agree that these Terms and Conditions will bind the members of your family, your spouse or domestic (or other) partner, if you are alive, and your heirs, assigns, and personal representatives, if you are deceased, and shall be deemed as a release, waiver, discharge and covenant not to sue the Releasees. You also agree that this release, waiver of liability, hold harmless, and indemnification undertaking is intended to be as broad and inclusive as permitted by applicable law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions might not apply to you.]
- As Tynker’s curriculum, software, and website (“Tynker Materials”) are protected by copyright, you agree that you won’t and that you won’t assist your child(ren) to use, copy, reproduce, reverse engineer, disassemble, modify, publish, transmit, participate in the transfer or sale of, or create derivative works based on, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, reverse engineer, or otherwise exploit for any purposes whatsoever (other than as contemplated by their participation in a Tynker CodeMaker Camp) any Tynker Materials or third party submissions or other proprietary rights not owned by you or your child(ren): (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
- You and your child(ren) will abide by all copyright notices, trademark rules, information, and restrictions contained in any Materials accessed through or provided by Tynker.
- You understand and acknowledge that neither Tynker nor the Camp Teachers provide health insurance for your child(ren) and that you will bear all financial responsibility for any medical treatment arising from their participation or attendance at the camp.
- You agree to the following cancellation policy: (a) there is a $25 charge if you request cancellation at any time up to 30 days before the pertinent camp session; and (b) for cancellations made with less than 30 days before the pertinent camp session starts, you will forfeit 100% of the registration fee for that session.
- The camp registration and payment portal can be accessed through the specific site for each individual camp. I assume that this will include all Camper info, as well as emergency contacts, medical info, adults authorized to pick up the Camper, etc. and parental/guardian certifications that all info is accurate, complete, etc. Also include info on how to modify records after submission, change dates, etc.
- In the event of any dispute between us relating to these Terms and Conditions, we will first seek to resolve the dispute by mutual agreement. If we cannot resolve the dispute within one week, then either of us may submit the dispute to arbitration, and if so submitted, any dispute arising from or relating to the subject matter of these Terms and Conditions shall be finally settled by that arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Tynker has the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of these Terms and Conditions, you and we consent to exclusive jurisdiction and venue in the United States federal courts located in the Northern District of California.
- You may not substitute one child for another if the registered child is unable to attend her/his scheduled camp session.
- You must use Tynker’s online registration and payment portal; you may not pay the Camp Teacher directly for your child(ren)’s registration enrollment.
- Any failure on our part to insist upon strict adherence to any of these Terms and Conditions on any occasion will not be considered a waiver or subsequently prevent us from insisting on strict adherence to that term or any other term or condition. Any waiver must be in writing and signed (electronically) by Tynker. The invalidity or unenforceability of any term or provision of these Terms and Conditions will not affect the validity or enforceability of any other of its terms or provisions.
- In the event any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions otherwise remains in full force and effect and we will notify you of a reasonable replacement for it that does not create the same concern as did the original.
- To the fullest extent allowed by applicable law, in no event will Tynker or its suppliers, or their respective shareholders, affiliates, subsidiaries, officers, directors, employees, representatives, or agents be liable to you with respect to the camps in which you enroll your child(ren), our website, or the services or the subject matter of these Terms and Conditions under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of $100 or the registration fee you paid to Tynker for the camp session that is the subject of a claim; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond Tynker’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions might not apply to you.
- Any provision of these Terms and Conditions that by its general nature and operation imposes or contemplates a continuing obligation, including but not limited to the provisions regarding protection of Campers’ information, our intellectual property, indemnification, and limitation of liability will remain in force and effect notwithstanding the termination or expiration of these Terms and Conditions.