Policies & Procedures Agreement

Middle School Winterm at Mittersill

Updated 9/1/2021

Please read this Policies and Procedures Agreement before completing the Middle School Winterm registration form. By submitting the form, Contractors agree to be bound by and to abide by Knower Academics, LLC’s Policies and Procedures, as listed below.

  1. Middle School Winterm Supplied by Knower Academics, LLC. For Franconia Ski Club (“FSC”) athletes who enroll in the Middle School Winterm academic program, Knower Academics, LLC shall provide weekly curriculum and teaching, in some combination, to be determined based on the academic needs of the student(s) in the program, input from sending schools, and educational standards and best practices.
    a.) class time. Knower Academics shall provide to Students a total of six (6) hours of classroom instruction per week (“Class(es)”).
    b.) session time. Knower Academics shall provide to each Student a total of 120 minutes of dedicated one-to-one instructional time (“Session(s)”) per week.
  2. Additional one-to-one sessions. Contractors may purchase additional one-to-one Session(s) from Knower Academics, LLC, to provide additional support, rigor/honors level coursework, or subjects taught above and beyond the courses detailed in section 1, additional 1:1 sessions from Knower Academics. Additional one-to-one sessions are subject to the One-to-One Policies and Procedures Agreement, provided separately. 
  3. Fees payable to Knower Academics, LLC. Payment in full is due prior to the start of Winterm in order to ensure enrollment in the program.
  4. Minimum fill. To be viable, Middle School Winterm requires a total enrollment of six (6) students or more. If fewer than six students enroll in the program, Knower Academics, LLC shall not be bound to provide services, nor shall the tuition deposit be refunded. More specifics regarding commitment deadline and refund policies are explained in the Communications and Billing document, provided separately. 
  5. Duration of programming. Middle School Winterm classes shall be in session for a total of 14-weeks between early December and late February/early March. The specific calendar of class dates and times shall be determined in partnership with FSC in a way that best aligns with student training/competition schedules, established holidays, and staffing/space requirements. Knower Academics, LLC shall comport itself with the daily/weekly schedule of Franconia Ski Club as fluidly as possible.
  6. Scope. Knower Academics, LLC shall not be responsible for the care or supervision of the Student at any time outside the structure of instructional time defined in this agreement. Knower Academics, LLC retains no responsibility for the Student when either party is on the mountain or in any way outside the academic structure as defined by this agreement.
  7. Scheduled Classes and One-to-one Sessions. The weekly schedule for Middle School Winterm Classes and Sessions shall be determined in partnership with FSC. At the Instructor’s sole discretion, the days and times for Sessions may be adjusted to suit the students personal availability. 
  8. Fluctuation in Schedule. Knower and FSC reserve the right to change the schedule, as needed, during the course of winterm. Knower Academics, LLC shall exert diligent best efforts to teach the weekly classes at times indicated in the schedule and to conduct the number of weekly 1:1 sessions provided as part of the program and/or additionally contracted by the family. However, it is understood that both weather and the unique culture of Franconia Ski Club create circumstances (sometimes spontaneously) that eliminate scheduled class time or sessions. These circumstances are out of the control of Knower Academics, LLC and may include, but are not limited to, dangerous or impassable roads, schedule changes, athletic schedules, and the like. Knower Academics, LLC shall make reasonable effort to host class virtually or otherwise reschedule instructional time, but Knower Academics, LLC is under no obligation to do so.
  9. Minimum Class Attendance. A minimum of two (2) students must be present for a scheduled class to take place. If fewer than two (2) students attend a class, the class may be rescheduled at the discretion of Knower Academics, LLC.
  10. Missed Classes. Students who miss sessions, are absent from class or who otherwise miss instructional time are encouraged to contact their Instructor to request a summary of topics covered and makeup work, which the Instructor shall provide at no cost. Knower Academics, LLC shall not be expected to provide “makeup classes” for students who are absent. Contractors may be required, if missed seat time or work overmuch accumulates, to register for additional 1:1 sessions in order for Student to remain in the program. Under no circumstance shall Contractor be granted a refund for a class or classes missed by the Student.
  11. Change of Schedule. A session is considered “rescheduled” if the hours designated for that session are completed at a later date. Rescheduled sessions ensure a continuity of learning and completion of the services detailed in section one, Session Work. 
  12. Cancellation. A session is considered “cancelled” if the hours designated for that session are not rescheduled for a later date, meaning the services detailed in section one, Session Work, are not completed.
  13. Missed Sessions: Rescheduling or Canceling “Cut-Off” Time. The cut-off time for rescheduling sessions is 3:00 PM Eastern time. All instructional sessions cancelled or rescheduled after 3:00pm Eastern Time on the day before the scheduled session, along with any sessions that the Student fails to attend, are considered “Missed Sessions”. All Missed Sessions shall be considered fulfilled, and Knower Academics, LLC maintains no obligation to “make up” the session.
  14. Declined Sessions. It is understood that some students may, either deliberately or inadvertently, decline to schedule instructional sessions. Knower Academics, LLC shall make multiple efforts to reach out to Student to confirm and schedule a session; however, if no response is received within an agreed-upon timeframe, Knower Academics, LLC shall define the unconfirmed and/or unscheduled session a “Declined Session”, the session shall be considered fulfilled, and Knower Academics, LLC maintains no obligation to “make up” the session.
  15. Late Arrivals and/or Early Departure. No adjustment to session or class times shall be made for time lost due to a late arrival or early departure by the Student. The Instructor agrees to wait no fewer than fifteen minutes from the start of the scheduled class time for the minimum number of students to arrive, or from the start of a scheduled one-to-one session time, before leaving and considering the class or session cancelled and therefore subject to the terms set forth in the “Missed Classes” and “Missed Sessions” policies. 
  16. Instructional Locations. Under no circumstances shall instruction be conducted at any place without a third party present. All classes shall be conducted in a classroom location designated by Franconia Ski Club. One-to-one sessions shall generally be conducted  in locations designated by Franconia Ski Club, with an open door policy, or in another suitable public location. In the event that instruction takes place at a home premises, a parent, guardian, or designated adult must be physically present at the location at all times.  At any time during instruction, if a third party is not present, or for whatever reason leaves the premises, then the Instructor is directed to leave immediately; the session shall be cancelled and considered fulfilled. Knower Academics shall be under no obligation to reschedule the class time.
  17. Duration of Contract.  This Agreement shall take effect once the registration form is submitted and shall terminate upon completion of the Franconia Ski Club Winterm duration. Services with Knower Academics may be continued to support the student for additional training time on snow and/or upon transition back to home or school environment. 
  18. Duty to Supply Transportation. Under no circumstances does either Knower Academics, LLC or the Instructor undertake any duty to provide, arrange for, or provide, any transportation or transportation services to the Student.
  19. COVID-19 Release and Hold Harmless. Franconia Ski Club and/or contractor may determine that an in-classroom learning/teaching experience may benefit the Student, at a time and under circumstances when, perhaps, only remote or virtual learning/teaching environments are deemed completely safe as regards the spread of the COVID-19 virus. This Release is in consideration of the in-classroom experience being offered to the Student.
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    Knower Academics, LLC, for its part, is committed to having its instructors and other employees using “best practices” for COVID-19 mitigation protocols that apply to in-person, physically proximate, learning/teaching environments. Parent(s), on behalf of the Student, acknowledge and accept the higher personal risk to the Student that the in-classroom learning/teaching environment presents and does/do release and hold harmless Knower Academics, LLC, and the individual Knower Academics, LLC instructor, from and against any COVID-19-related harm or injury that might befall Student as a result of exposure to COVID-19 via the Knower Academics, LLC instructor and/or other Knower Academics, LLC employees (directly or indirectly) supplied to the location in its classrooms and at the location more generally.
  20. No Warranties Expressed/Implied. Knower Academics, LLC cannot and does not make any explicit or implied promises or warranties regarding the Student’s change in motivation, performance, capacities, or capabilities as a result of any instruction provided.  Each student progresses at a unique and uncharted pace and some students do not demonstrate any progress at all. Knower Academics, LLC makes no guarantee that the Student shall receive credit for work completed. Any implied warranties of fitness or for any specific purpose are also hereby disclaimed.
  21. Relaxation of Terms. No relaxation, indulgence, waiver or release by any party of any of the rights in terms of this agreement on any sole occasion shall prevent the subsequent enforcement of such rights and shall not be construed to be a waiver of any subsequent breach of any of the terms.
  22. Duty to Report. Parent/Guardian or Student shall immediately report to Knower Academics, LLC any problem with the materials, any problem with any facility, any observed violation of this Agreement, or other potential problem arising from the delivery of the support specified.  This provision is intended to provide Knower Academics, LLC with adequate notice and a reasonable opportunity to identify and abate or remedy any deficiencies within its control.
  23. No Assignment. This Agreement is not assignable by either party.
  24. Joint and Several Responsibility. Each Parent, Guardian or Student executing this Agreement is deemed jointly and severally liable hereunder and is required to perform fully all obligations imposed on by this Agreement.
  25. Insurance. Neither Knower Academics, LLC nor Instructor retains any insurable interest in the Student or the Student’s effects, and thus cannot insure Student, from any loss occurring during or arising from the instructional sessions, whether from bodily injury or property damage of any kind whatsoever.  Students/Parents/Guardians are expected to maintain health and other proper insurance coverage against injuries and property losses or damages.
  26. Security not Promised. The parties hereby expressly acknowledge that the location of the sessions are not to be considered a secured facility which would subject the Instructor or Knower Academics, LLC to any higher degree of care.  The Instructor shall take security measures that are, in the Instructor’s sole discretion, reasonable, appropriate, and adequate for the perceived level of problems, and commensurate with the character and types of security measures undertaken by the surrounding facilities.  Nothing contained in this paragraph shall be construed as creating any affirmative obligation on the part of the Instructor to undertake any particular or specific course of conduct or a guaranty of the safety of the Student.
  27. Whole Agreement. This Agreement constitutes the entire Agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any provision not specifically contained herein. Any previous agreements or promises, whether written or oral, are without effect. Any amendment to the terms of this Agreement shall be in writing and signed by both parties.
  28. Severability. If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and the terms and provisions not so affected shall be valid and enforceable to the fullest extent either hereunder or as permitted by law.
  29. Notices. All notices hereunder shall be in writing and sent by certified or registered mail, return receipt requested, (a) to the Student, Parent, or Guardian at the Student’s, Parent’s, or Guardian’s address set forth herein, and (b) to Knower Academics, LLC at PO Box 811, Plymouth, NH 03264, or (c) at such other address as any of the parties may have furnished to the other(s) as set forth herein.
  30. Governing Law & Submission to Jurisdiction. This Agreement is entered into, and thus shall be governed by and interpreted in accordance with, the domestic laws of the State of New Hampshire without giving effect to any choice or conflict or law provision or rule (whether of the State of New Hampshire or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Hampshire. Each of the Parties hereto voluntarily submit to the exclusive jurisdiction of any New Hampshire court or for all legal proceedings arising out of or relating to this Agreement.  The Parties irrevocably waive to the fullest extent permitted by law any objection which they may have to the laying of venue of any such proceeding brought in any court and any claim that any proceeding brought in such court has been brought in an inconvenient forum.
  31. Minors. If the Student is a minor (less than 18 years of age), then the Parent/Guardian is entering into this instructional contract on behalf of the Student and accepts and agrees to all the terms and conditions contained herein on behalf of the Student.  If the student is a minor then this agreement also incorporates by reference, herein in its entirety, all the provisions of the separate Consent and Acknowledgment Agreement executed by the Parent/Guardian on near or even date herewith.