The Responsible Party is the parent or legal guardian of the Student, who is enrolling the student. It is the expectation of I Am Academy for Lifelong Learning that all parents or legal guardians insure and provide the student they are enrolling, with digital devices and internet access.
I Am Academy for Lifelong Learning has made arrangements with VIP and/or its affiliates to permit each Student to use certain equipment, software, and related instructional books and materials (“Instructional Property”) to facilitate the Student’s education while enrolled in the school.
Responsible Party hereby agrees to the following:
1. Use of Instructional Property. I Am Academy for Lifelong Learning and its VIP shall permit the Student and the Responsible Party to use certain Instructional Property as required and listed in each course syllabi. The school and its VIP reserve the right to add, change, substitute, and/or delete individual items on the Instructional Property Schedule from time to time.
2. Term. Responsible Adults and Student’s rights to use and possess the Instructional Property expire upon the Student’s termination of enrollment. Notwithstanding the foregoing, the school and its VIP reserve the right to terminate any right to use and possession immediately if either has reason to believe that any term or condition of this Agreement is being violated. Responsible Party shall return all the Instructional Property as instructed within five (5) days of the termination date in the same condition as delivered, normal wear and tear excepted.
3 Ownership. At no time shall legal title to or ownership of any of the Instructional Property vest in the Responsible Party or Student, who shall only have the rights to temporary use and possession as provided herein.
4. Condition of Instructional Property. The Responsible Party agrees to fill out, sign, and return the Instructional Property Receipt Acknowledgment Form (to be enclosed with Instructional Property) to the school to acknowledge receipt of the Instructional Property and to affirm that it is all in satisfactory operating condition upon receipt.
5. Responsibility for Instructional Property. Responsible Party must maintain the Instructional Property at the Responsible Party’s residence set forth as the shipping address in the enrollment form unless Responsible Party provides thirty (30) days’ written notice and the new address to the school. The Responsible Party shall be solely liable for any loss or damage to the Instructional Property until it is received back by K12 and shall take all reasonable precautions to protect it. The Responsible Party agrees to inform the school of any loss or damage to the Instructional Property from any cause whatsoever within three (3) days of the loss or occurrence of damage. The school and/or K12 will provide the Responsible Party with a loss report form that will include provisions for the Responsible Party to pay for the lost or damaged Instructional Property and, upon receipt, will allow the school to ship or have shipped replacement Instructional Property.
6. Maintenance and Repair (only applicable if you receive any equipment). Responsible Party is responsible for maintenance and repair of the Instructional Property while in his or her possession and will follow all instructions for Instructional Property requiring repairs as directed byVIP Technical Support and the Warranty Agreement with the Original Equipment Manufacturer. Responsible Party is solely responsible for upgrading to new software versions when publicly available, obtaining and installing antivirus file updates, and overall maintenance of each software application provided.
7. Use of Instructional Property (Section (v) is only applicable for those receiving equipment). Responsible Party agrees that: (i) Instructional Property may be used solely for the education of the Student while enrolled at the school and not for the benefit of any other person or for any other purpose,(ii) all Instructional Property shall be used in accordance with the school policies and rules and K12’s and the manufacturer’s instructions, (iii) each software application provided shall be subject to, and used in accordance with, the license and/or use agreement that accompanies that software application, (iv) all usage of the Instructional Property shall be subject to the school policies and rules regarding Network/Internet use and protocol, (v) Responsible Party is solely responsible for ensuring that the software settings, default configurations, and administrative privileges are maintained at the original specified settings that the Instructional Property had upon delivery and will be liable for any resulting damage to the Instructional Property, any files, and/or other software applications if these default settings are changed or modified without explicit authorization from VIP Technical Support, and (vi) The Responsible Party is solely responsible for keeping User IDs and passwords confidential to prevent unauthorized usage and understands that passwords should be changed on a monthly basis.
8. General Indemnity. The Responsible Party agrees to indemnify, defend, and hold harmless the school,VIP, and any sponsoring School District or Authority, their respective employees, officers, directors, agents, assignees, and all affiliated companies
and/or entities (“Indemnified Parties”) from and against any and all claims, actions, suits, proceedings, costs, expenses (including, without limitation, court costs and attorney fees), damages, obligations, judgments, orders, penalties, fines, injuries, liabilities, and losses arising directly or indirectly out of or in connection with any matter covered by this Agreement, other than those caused by the school or VIP.
9. DISCLAIMER OF WARRANTIES. NO INDEMNIFIED PARTY MAKES ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR FITNESS FOR USE OF ANY OF THE INSTRUCTIONAL PROPERTY. IN NO EVENT SHALL ANY INDEMNIFIED PARTY BE LIABLE FOR ANY ACTUAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, OR THE EXISTENCE, FURNISHING, FUNCTIONING, USAGE, OR MAINTENANCE OF ANY INSTRUCTIONAL PROPERTY PROVIDED UNDER THIS AGREEMENT.
10. Insurance. The Responsible Party agrees to maintain at his or her expense adequate insurance to cover damage to the Instructional Property by fire, theft, flood, explosion, accident, act of God, or other cause to the full replacement value of the Instructional Property and agrees that he or she will be financially liable for it regardless of the availability of insurance proceeds.
11. Miscellaneous. The Responsible Party represents that he or she has the power to bind all of a Student's parents or legal guardians, all of whom shall be bound by these terms. The Responsible Party cannot amend this Agreement unless accepted in writing by an authorized representative of the school. This Agreement shall constitute the entire agreement between the parties with regard to the Instructional Property and any prior understanding or representation of any kind shall not be binding on either party, except to the extent incorporated herein. The waiver of any right under this Agreement by either party shall not be construed as a waiver of the same right at a future time or a waiver of any other right under this Agreement. This Agreement shall be construed and enforced in accordance with the laws of the state of the school.
Appendix 1: Instructional Property Schedule (only applicable if you receive any equipment)
Hardware THE SCHOOL may provide or cause to be provided the following computer and peripheral equipment:
□ Desktop computer or Laptop
□ Monitor
□ Printer
Software THE SCHOOL shall provide or cause to be provided the following software applications (the “Software”):
□ Office Software Suite
□ Antivirus software
□ Filtering software
□ The school may also provide other software.
By Signing below, you agree to the Agreement for Use of Instructional Property