Welcome to Cheerful Hearts Youth Academy (referred to herein as “CHYA,” “the Academy,” “we,” “us,” or “our”). We are dedicated to empowering youth through education, mentorship, and community involvement at our facility located at 12501 N MURPHY RD, MARICOPA, AZ 85138. These comprehensive Terms and Conditions of Service (“Terms”) constitute a legally binding agreement between you, the parent, legal guardian, or user (“you” or “User”), and CHYA. These Terms govern your use of the CHYA website (chya.site), any digital platforms maintained or utilized by the Academy, and, most importantly, all aspects of a child’s enrollment, participation, and continued engagement in any of our after-school programs, workshops, mentorship services, or community events (collectively, the “Services”). By accessing our website, submitting an application, registering a child for Services, paying any associated fees, or volunteering your time, you unconditionally acknowledge, accept, and agree to be bound by these Terms and all incorporated policies, rules, and procedures, including our Privacy Policy. If you do not agree to every provision of these Terms, you must immediately cease use of our website and refrain from enrolling a child in the Academy’s programs. Your acceptance of this document represents an understanding of the mutual obligations required for maintaining a safe, productive, and nurturing environment for all members of the CHYA community.

1. Definitions and Acceptance of Terms

1.1 Key Definitions

“Academy” or “CHYA” refers to Cheerful Hearts Youth Academy, the non-profit organization providing the Services. “Services” refers collectively to all programs, activities, tutoring sessions, workshops, mentorships, and events offered by the Academy. “Participant” or “Student” refers to the child or youth enrolled in and participating in the Services. “Guardian” refers to the parent or legally appointed guardian responsible for the Participant. “Program Fee” refers to any tuition, enrollment, activity, or administrative charges associated with the Services. “Intellectual Property” refers to all curriculum, teaching materials, proprietary processes, logos, names, and software developed by or for CHYA. “Authorized Person” refers to individuals designated by the Guardian on the official enrollment form to pick up the Participant.

1.2 Acknowledgment and Consent

By completing and submitting the enrollment form, or by electronically clicking “I Agree,” the Guardian represents and warrants that they are the legal guardian of the Participant, possess the full legal authority to enter into this Agreement, and accept full responsibility for the Participant’s adherence to all terms and conditions set forth herein. This acceptance explicitly includes adherence to all rules regarding financial obligations, behavior standards, and emergency protocols. Furthermore, the Guardian understands that these Terms are subject to change, and that the continued participation in the Services after notice of any changes constitutes binding acceptance of the revised terms.

2. Program Enrollment, Registration, and Admission

2.1 Enrollment Requirements

Admission to CHYA Services is conditional upon the timely submission of a complete, accurate, and signed Enrollment Packet, including all required medical forms, emergency contact information, authorized person lists, and parental consent forms (including media release and health consent). Incomplete forms may result in the temporary suspension of Services until all documentation is fully submitted and verified by the administrative team.

2.2 Program Commitment and Schedule

The Guardian commits to ensuring the Participant adheres to the agreed-upon attendance schedule for the enrolled program session (e.g., fall semester after-school program, summer workshop). Consistency in attendance is vital for the Participant’s academic and social progress and is critical for the effective management of staff-to-student ratios, which are maintained rigorously for safety. CHYA reserves the right to reassign a Participant’s cohort or schedule slot if attendance is consistently inconsistent or falls outside the agreed-upon parameters without prior, documented notification.

2.3 Admission Standards and Nondiscrimination

CHYA admits Participants regardless of race, color, national origin, religion, gender, or disability, provided that the Academy, with reasonable accommodation, can safely and effectively meet the Participant’s educational, social, and physical needs. CHYA reserves the right to decline or terminate enrollment if it determines that the Participant’s needs cannot be safely or adequately met within the scope of the program’s resources, or if the Participant’s behavior poses an undue safety or disciplinary burden on staff or other Participants. This decision is at the sole discretion of the Program Director, following a thorough and documented review process.

3. Financial Policies, Fees, and Payments

3.1 Program Fee Structure and Payment Schedule

The Guardian agrees to pay all applicable Program Fees, including but not limited to enrollment deposits, monthly tuition, and specific material fees associated with specialized workshops (e.g., Robotics Club, Debate Team). All Program Fees and their respective payment due dates are outlined in the separate Fee Schedule provided to the Guardian upon acceptance of enrollment. Monthly tuition payments are due on the first day of each calendar month. The Guardian acknowledges that the Program Fee is based on enrollment, not attendance, and no deductions or credits will be issued for days missed due to illness, vacation, or public school closure, unless the Academy itself is closed for an extended period.

3.2 Late Payments and Delinquency

A payment is considered late if not received by the fifth calendar day of the month. Payments received after this date are subject to a late payment penalty fee of $25.00, which will be automatically added to the Guardian’s account. If payment, including the late fee, is not received by the fifteenth day of the month, CHYA reserves the right to suspend the Participant’s access to the Services until the account balance is paid in full. Persistent delinquency (defined as three or more late payments within a single academic year) may result in the permanent termination of enrollment, regardless of the child’s standing in the program, as sustained financial health is necessary to maintain high operational standards.

3.3 Refund and Withdrawal Policy

All initial enrollment deposits are non-refundable upon acceptance, as these funds are immediately allocated to securing materials and maintaining staff-to-student ratios for the upcoming session. If a Participant withdraws from the Services prior to the 15th of the current month, the Guardian is still responsible for the full Program Fee for that current month, but all subsequent monthly charges will be canceled. If a Participant withdraws after the 15th of the current month, the Guardian is responsible for the Program Fee for the current month and the Program Fee for the following calendar month, as this notice period is necessary for the Academy to adjust staffing and financial projections without undue hardship. Refunds for specialized, non-recurring workshops or activities will be issued only if the Academy cancels the activity entirely.

3.4 Financial Aid and Fee Adjustments

CHYA offers financial assistance on a need-basis, subject to the availability of designated funds and grants. All financial aid applications must be submitted with required supporting documentation (e.g., tax forms, income verification) and are reviewed confidentially by the Program Director. Approval of financial aid results in a written Fee Adjustment Agreement, which specifies the reduced Program Fee. If the Guardian fails to meet the terms of the Fee Adjustment Agreement (e.g., missed deadlines, failure to provide required documentation for renewal), the adjustment is immediately revoked, and the full Program Fee is reinstated retroactively, requiring prompt settlement of the balance.

4. Student Conduct, Expectations, and Discipline

4.1 Code of Conduct and Expectations

The Academy is built on the core values of Integrity, Compassion, Resilience, and Curiosity. Participants are expected to adhere to a high standard of conduct at all times, demonstrating respect towards all CHYA staff, volunteers, fellow Participants, and property. Expected behaviors include, but are not limited to: actively participating in programmed activities, following directions from staff promptly, using appropriate and respectful language, and showing care for all Academy resources and the personal belongings of others. The consumption, possession, or distribution of prohibited substances, weapons, or anything that compromises safety is grounds for immediate, permanent expulsion.

4.2 Disciplinary Process and Intervention

The disciplinary process is structured to be supportive, corrective, and transparent, prioritizing social-emotional development over punitive measures. The process typically involves escalating tiers of intervention:

• Tier 1 (Redirection): Verbal warning, direct redirection by staff, and brief restorative time-out within the program area. Staff documents the incident for internal tracking.
• Tier 2 (Guardian Communication): Persistent or moderate disruptive behavior (e.g., intentional non-compliance, minor aggression). Staff contacts the Guardian for a mandatory discussion, and a written Behavioral Improvement Plan is established.
• Tier 3 (Suspension): Severe or repeated Tier 2 behavior, or a single incident involving physical harm, bullying, or gross property damage. The Participant is subject to immediate suspension from the Services (typically 1-3 days), and a mandatory conference involving the Guardian, Participant, and Program Director must occur before the Participant is allowed to return. The Guardian is responsible for the Program Fee during the suspension period.
• Tier 4 (Permanent Termination): Behavior that severely jeopardizes the safety or well-being of others, involves criminal activity, or demonstrates a sustained inability to adhere to the Behavioral Improvement Plan despite all interventions. The Program Director has the sole authority to permanently terminate the Participant’s enrollment.

The Guardian acknowledges that the safety and well-being of all Participants are paramount, and they agree to fully support and participate in any disciplinary intervention deemed necessary by CHYA staff, up to and including permanent termination of enrollment.

5. Health, Safety, and Medical Protocols

5.1 Emergency Medical Consent and Liability

By enrolling the Participant, the Guardian hereby gives full consent to CHYA staff to seek and authorize necessary emergency medical treatment for the Participant, including necessary ambulance transport and treatment by licensed medical personnel or hospital facilities, should the Guardian or designated emergency contacts be unreachable or unavailable in a timely manner. The Guardian assumes full financial responsibility for any and all costs associated with such emergency medical care, transport, and treatment. CHYA staff members are trained in CPR and First Aid, but the Academy, its staff, and volunteers are not medical professionals and are not liable for any injury, illness, or medical complication sustained by the Participant while in the program, unless such injury or complication is proven to be the direct result of gross negligence by CHYA.

5.2 Medication Administration Policy

CHYA staff are generally prohibited from administering prescription or over-the-counter medication to Participants unless the following strict conditions are met: (a) The medication is essential for a life-threatening condition (e.g., epinephrine auto-injectors for severe allergies, inhalers for asthma); (b) The Guardian has provided a fully completed and current “Medication Authorization Form” signed by a licensed physician; and (c) The medication is provided to the Academy in its original container, clearly labeled with the Participant’s name, dosage, and administration instructions. All unused medication must be collected by the Guardian at the end of the program session.

5.3 Allergy and Dietary Restrictions

The Guardian is responsible for disclosing all known allergies, dietary restrictions, and potential life-threatening conditions on the enrollment form and updating the Academy immediately upon any change. While CHYA strives to maintain a safe environment and implements reasonable accommodations (e.g., nut-free snack policies, clear labeling), CHYA cannot guarantee a completely allergen-free environment due to the nature of student-provided snacks and outside exposure during transport or field trips. The Guardian agrees to hold CHYA harmless in the event of an allergic reaction or medical event, provided CHYA staff followed the documented protocols provided by the Guardian.

6. Authorized Pick-Up and Late Pick-Up Policy

6.1 Authorized Pick-Up Procedures

Participants will only be released from the Services to the Guardian or to an individual listed as an Authorized Person on the Participant’s current enrollment form. All Authorized Persons must be at least 18 years of age and must present a valid, government-issued photo identification (Driver’s License or State ID) upon arrival until staff are familiar with them. If an individual is not listed as an Authorized Person, or if a staff member suspects that an Authorized Person is impaired or unable to safely transport the Participant, the Academy reserves the right to refuse release and will immediately contact the Guardian and, if necessary, local protective services, to ensure the safety of the Participant.

6.2 Late Pick-Up Policy and Fees

The Academy closes promptly at the published closing time (typically 6:00 PM). The Guardian is responsible for retrieving the Participant no later than the scheduled closing time. If a Guardian or Authorized Person is late, staff will attempt to contact the Guardian and all emergency contacts. Given that staff are required to remain on premises for supervision, CHYA enforces a strict Late Pick-Up Fee of $1.00 per minute for every minute past the scheduled closing time, payable immediately upon arrival. Persistent or excessive late pick-ups (defined as three or more late occurrences within a 30-day period, or being later than 15 minutes on any single occasion) may result in mandatory suspension or termination of the Participant’s enrollment, regardless of the prompt payment of late fees, due to the disruption caused to staff schedules and operational resources.

7. Intellectual Property and Usage Rights

7.1 Ownership of Academy Intellectual Property

The Guardian acknowledges that all curriculum materials, teaching methodologies, specialized training manuals, logos, design elements, website code, trademarks (including “Cheerful Hearts Youth Academy”), and proprietary mentorship techniques used or developed by CHYA remain the exclusive Intellectual Property of the Academy. The Guardian is prohibited from copying, distributing, modifying, or reproducing any Academy materials for commercial gain or for use outside of the Services provided to the Participant, without the express written permission of the CHYA Program Director.

7.2 Ownership of Student Work

All creative work, projects, essays, code, or materials developed or created by the Participant while participating in the Services shall remain the property of the Participant. However, by enrolling, the Guardian grants CHYA a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, and distribute the Participant’s work solely for internal program documentation, educational purposes, internal training, and non-commercial promotional materials (e.g., displaying a project on the website or in an annual report), always crediting the Participant, unless explicitly requested otherwise by the Guardian in writing.

8. Website Use and Digital Code of Conduct

8.1 Website Acceptable Use

Your use of the CHYA website (chya.site) is for informational and enrollment purposes only. You agree not to use the website for any unlawful purpose, to distribute malware or viruses, or to harass, defame, or abuse others. You are prohibited from attempting to gain unauthorized access to any part of the site, our servers, or any other digital platform connected to CHYA.

8.2 Digital Code of Conduct for Participants

If the Participant is granted access to any CHYA-controlled digital learning platforms or communication channels (e.g., a student portal, a collaborative coding platform), the Participant agrees to adhere to a strict Digital Code of Conduct. This includes respecting digital etiquette, refraining from cyberbullying or harassment, maintaining the security of their login credentials, and using the platforms exclusively for educational purposes as directed by CHYA staff. Violation of this Digital Code of Conduct will be treated as a Tier 3 disciplinary incident, subject to immediate suspension of digital access and mandatory Guardian conference.

9. Limitation of Liability and Assumption of Risk

9.1 Acknowledgment of Risk

The Guardian acknowledges that participation in certain CHYA Services, including organized sports, physical play, and off-site field trips, involves inherent risks, hazards, and dangers that may result in injury, illness, or property damage. These risks include, but are not limited to, bodily injuries from physical exertion, environmental conditions, accidents involving equipment, or reactions to allergens. The Guardian freely and voluntarily assumes all such risks associated with the Participant’s enrollment and participation in the Services.

9.2 Limitation of Liability

To the fullest extent permitted by law, the Guardian agrees that CHYA, its staff, officers, directors, volunteers, agents, and affiliated entities shall NOT be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data, or other intangible losses (even if CHYA has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Services or website; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of the Participant’s data; (iv) statements or conduct of any third party in connection with the Services; or (v) any injury, illness, or property damage sustained by the Participant while participating in the Services, unless arising directly from the proven gross negligence or willful misconduct of the Academy. The maximum liability of CHYA for any and all claims shall be limited to the amount of the Program Fees actually paid by the Guardian for the current enrollment period.

9.3 Force Majeure

CHYA shall not be liable for any failure or delay in the performance of its Services, including program interruption or cancellation, due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, terrorism, fire, flood, utility failure, natural disasters, epidemics, pandemics, government-mandated closures, or public health emergencies. In such events, CHYA will make reasonable efforts to transition to virtual services or credit the Guardian for missed days, but makes no guarantee of a refund.

10. Indemnification

The Guardian agrees to indemnify, defend, and hold harmless CHYA, its staff, officers, directors, employees, volunteers, agents, and affiliated entities from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) the Participant’s breach of any provision of these Terms; (b) the Participant’s negligence, misconduct, or willful acts while participating in the Services; (c) any injury or damage to property or person caused by the Participant while on CHYA premises or during supervised activities; (d) the Guardian’s failure to accurately disclose critical medical or behavioral information required for the Participant’s safe enrollment; or (e) any action brought by a third party against CHYA related to the Participant’s participation, unless such claim is solely and directly attributable to the gross negligence or willful misconduct of CHYA. This indemnification obligation shall survive the termination of the Participant’s enrollment and these Terms.

11. Termination of Services

11.1 Termination by CHYA

CHYA reserves the right, in its sole discretion and without prior notice, to immediately suspend or terminate the Services and a Participant’s enrollment if: (a) the Guardian breaches any financial term (Section 3) or the Participant breaches any behavioral term (Section 4), as detailed in the relevant tiers; (b) CHYA determines, after a good-faith review, that the continuation of Services poses an unacceptable safety risk to the Participant, other students, or staff; or (c) CHYA ceases to operate the relevant program or Service. In the event of termination due to Guardian breach or Participant misconduct, no refund for the current month will be provided.

11.2 Termination by Guardian (Withdrawal)

The Guardian may withdraw the Participant from the Services at any time by providing written notice to the Program Director. The financial implications of withdrawal are strictly governed by the Refund and Withdrawal Policy detailed in Section 3.3.

12. Governing Law, Dispute Resolution, and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. The Guardian irrevocably agrees that any legal suit, action, or proceeding arising out of or relating to these Terms, the Services, or the Academy’s operations shall be instituted exclusively in the federal or state courts located in Maricopa County, Arizona. The Guardian hereby waives any and all objections to the exercise of jurisdiction over them by such courts and to venue in such courts. Prior to instituting any legal proceedings, the Guardian and CHYA agree to attempt, in good faith, to resolve the dispute through non-binding mediation in Maricopa County, Arizona, with the costs of mediation to be split equally between the parties.

13. Media Release and Photography Consent

By accepting these Terms, the Guardian grants Cheerful Hearts Youth Academy and its authorized representatives the irrevocable, non-exclusive, perpetual, worldwide right and permission to use, reproduce, publish, display, and distribute any photographs, videos, audio recordings, or other media captured of the Participant while engaging in any CHYA-related activity, without compensation to the Guardian or Participant. This Media Release is granted solely for the purposes of promoting the CHYA mission, including, but not limited to, use in brochures, annual reports, website galleries, fundraising materials, social media, and internal training.

The Guardian has the right to opt-out of this general media release by providing specific, written notice on the Participant’s enrollment form or by sending a certified letter to the Program Director at the Academy address. If the Guardian opts out, CHYA will make reasonable, good-faith efforts to avoid using the Participant’s image in promotional materials; however, the Guardian acknowledges that absolute exclusion is not guaranteed, particularly in group settings or publicly filmed events.

14. Relationship to Privacy Policy

These Terms incorporate by reference the Cheerful Hearts Youth Academy Comprehensive Privacy Policy, which outlines in detail our practices regarding the collection, use, maintenance, and disclosure of your personal information. By accepting these Terms, you are also confirming that you have read, understood, and consented to the data practices described in the Privacy Policy. In the event of any conflict between the terms of this document and the Privacy Policy, the provisions of the Privacy Policy shall prevail solely with respect to the specific subject matter of data privacy and protection. All matters related to financial liability, conduct, and program participation will be governed by these Terms.

15. Amendments to These Terms

CHYA reserves the exclusive right to update, modify, or revise these Terms at any time. We will provide notice of material changes by posting the revised Terms on our website and, where required by law or deemed operationally necessary, by notifying current Guardians via email. The revised Terms will take effect 30 days after they are posted, or immediately upon a Guardian’s continued enrollment or payment for Services after the revision date, whichever comes first. The Guardian is responsible for reviewing these Terms periodically. Your continued use of the Services or website after any revision constitutes your acceptance of and agreement to the modified Terms.

16. Entire Agreement and Severability

These Terms, together with the Enrollment Form, the Program Fee Schedule, and the Privacy Policy, constitute the entire agreement between the Guardian and Cheerful Hearts Youth Academy concerning the Services and supersede all prior or contemporaneous agreements, understandings, communications, and proposals, whether oral or written. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force and effect, and the invalid provision shall be substituted with a provision that most closely reflects the original intent of the parties, to the maximum extent permitted by applicable law.

17. Contact Information for Formal Notices

Any formal legal notice, official complaint, or communication regarding these Terms must be in writing and delivered either by certified mail or reputable overnight courier to the following address, and shall be deemed effectively given upon receipt:

Program Director Cheerful Hearts Youth Academy 12501 N MURPHY RD MARICOPA, AZ 85138

Email (Notices): info@chya.site (For courtesy copy only; physical mail required for legal efficacy)