Timeless Play Service Agreement

Timeless Play, LLC "Timeless Play" or “Center” and “Family” hereby enter into this Service Agreement (the “Agreement”). Family understands and agrees to enroll in Timeless Play's drop-off childcare services.

I. Services:

Timeless Play, LLC provides a drop-off play experience for children ages 1-12. Families can book "play hours" online or in-person for a drop-in and children may play for up to four hours. Availability is limited. Timeless Play reserves the right to refuse service to any family or child for any reason if a member of our staff determines that it is in the best interest of the center and/or other participating children or when the family does not adhere to the terms and conditions set forth in this agreement. Timeless Play also hosts birthday parties and other events. Advanced booking is required for Sunday events and a separate Service Agreement will need to be signed.

II. Pricing + Fees

A. Membership: Families may choose to subscribe to a bi-annual or annual membership. All memberships will auto-renew unless cancelled in writing; 30 days' notice will be required. Membership grants member family member rates on Play Hours and discounts on party packages and select special events, and the ability to earn free play hours.

B. Hourly Rates: Member Play Hour Rates are as follows:

• $15/hour for the 1st child
• $5/hour per each sibling

Non-Member Rates are as follows:

• $18/hour per child for the 1st child
• $7/hour per each sibling

C. Weekly Rates: Member Play Hour Weekly Rates are as follows:

• $200/week for the 1st child
• $90/week per each sibling

Non-Member Weekly Rates are as follows:

• $225/week per child for the 1st child
• $130/week per each sibling

Prices and fees are subject to change and may vary for holidays and/or special events.

D. Additional Fees: Timeless Play requires a minimum of 4 hours notice for cancellations. Cancellations with less than 4 hours notice will forfeit deposit and In the case of a ‘no-show’ the client will be charged the cost of the full booking. Cancellation fees are only waived in the event of an illness or unforeseen emergency. Grippy socks, disposable masks, and snacks will be available onsite for additional fees. Prices vary. Families will incur a late fee of $.50 per minute/per child for each minute past booking end time.

III. Surveillance + Security:

We take the safety and security of all children, staff, parents, and visitors very seriously. Our childcare Center is equipped with a 24-hour video surveillance system, and we have installed security cameras throughout the center. Timeless Play staff may view a recorded video or live surveillance of any portion of the premises at any time. Because we respect the privacy of all children, parents, and staff in our center, our 24-hour video surveillance system/security cameras are for internal purposes only. Due to privacy concerns, parents/guardians are not permitted to review video without legal warrant/cause. Each center has a strategic security plan in place to ensure that our playrooms are not accessible to anyone other than TP staff and guests. Upon your arrival to our Foothills location, please use the call box and give your name/reason for visit so that our staff may unlock the door. They will be able to visually see each visitor in our camera system before opening the door. Upon your arrival at our Oro Valley location, the door will be unlocked unless there is not someone stationed at the front desk in which case you will need to ring the doorbell to be let in. The door to enter the play areas auto-locks and remains locked at all times. Only a thumbprint/access code opens this door.In the case of an urgent situation or emergency, the family may call the center and press option 2 to speak with an on-site staff member if the issue or emergency pertains to a child that is currently at the center. We ask that families do NOT press option 2 unless necessary as it interrupts the play experience for children. Children may ONLY be picked up by an adult that has been pre-authorized on the family's registration form.

IV. Limitation of Liability:

Upon booking services, you hereby permit Timeless Play, LLC to provide care to your child(ren) and agree, in taking advantage of this child care service, to release and hold harmless Timeless Play LLC, its officers, trustees, agents, and employees, from any and all claims, demands, suits, costs, and charges, in connections with or arising out of the child care service, including, but not limited to, bodily harm or injury to my child(ren), except only for loss, harms or injury occasioned by gross negligence or intentional misconduct by an employee. In the event that I cannot be reached to make arrangements for emergency medical attention, I authorize Timeless Play staff to engage emergency services to provide necessary medical treatment. I further understand that Timeless Play caregivers do not administer medication. Family understands and agrees that, to the maximum extent allowed by law, all information and materials about Timeless Play employees are to be kept strictly confidential. Families may not solicit, hire or otherwise engage a Timeless Play employee or provide employee information to another party and the other party. Timeless Play does not use or distribute personal family information for purposes not directly necessary for providing proper services. Caregivers are prohibited from discussing personal matters about a Client, the Family, or the child or person in the Caregiver’s care with individuals outside of Timeless Play. Notwithstanding the foregoing, in the case of abuse or neglect of a minor or a vulnerable adult, Timeless Play and its staff reserves the right to report suspicions of abuse to authorities.

V. Center Policies:

All families agree to abide by the following center policies. Failure to do so may result in revocation of membership and/or the termination of services.

1. Walk-in appointments are welcome however booking in advance is highly encouraged. Parents/guardians must check-in their child(ren) prior to play start time in the designated check-in room. We ask that you please arrive on time for your pre-booked appointment as adjustment of appointment end time(s) is not always guaranteed.
2. Upon arrival, children must remove their shoes and place them in a cubby with any other belongings. Only approved belongings are allowed and must be clearly labeled with the child's name. Children must bring (or purchase) and wear clean grippy socks throughout the duration of the Play Hour.
3. Masks for employees and children of all ages are optional.
4. All children are required to wash their hands with warm soapy water before playing.
5. Tours are available by appointment only and tour access to play rooms may only be available when other children are not present.
6. Timeless Play is only able to provide specialized care in select circumstances. Please discuss your child's needs with a Timeless Play representative prior to registering.
7. Children may bring the following items only into the center: a water bottle (a water refill station will be available), and a snack from our approved snack list. See 8. Children still in diapers or who are currently potty training should also bring a clean set of clothes, diapers, wipes, etc. Children are not allowed to bring toys, gum, or candy from home. Children booked for two or more hours of play time MUST bring (or purchase) a snack. While we make every attempt to keep nuts out of the center, Timeless Play should not be considered a completely "nut-free" facility. No snacks with nuts are allowed during play hours but Timeless Play cannot make assurances about traces of nuts from private events, etc.
8. Snack Guidelines: All snacks brought into the center must be: A. Clean: Please don't send your child with snacks that are messy, sticky or able to stain. B Easy: Please send your child with a ready-to-eat, finger-food type snack or food pouch that they are able to open themselves and consume without utensils or additional assistance (such as peeling an orange.) C. Safe: Timeless Play is a strictly nut-free facility. Please do not send your child with any food item that contains nuts or traces of nuts. Please do not send your child with any of the following high choke-risk food items: popcorn, whole grapes, nuts, hotdogs, apples or raw carrots or hard candy/gum. Timeless Play cannot provide refrigeration for any snacks or bottles. Any snacks requiring refrigeration must be put in a cooler bag that fits within the child’s tote bag with any ice pack.
9. In an attempt to ensure the health and well-being of all of our caregivers and little guests, we have implemented the following sick policy: a. Anyone (guests or employees) who exhibits the following symptoms will not be allowed in the center, including, but not limited to, fever, coughing, congestion/runny nose or tummy aches or ailments. b. All Timeless Play employees are also required to wash their hands at the beginning of each shift and use hand sanitizer or wash hands every hour. c. Play area surfaces will be sanitized before the start of each day and resanitized throughout the day. The entire center will be cleaned and sanitized at least once a day. Fridays and Saturdays the center will close midday for a deeper clean. d. A child must be picked up if they exhibit any symptoms of contagious illness (congestion, cough, fever, etc.) They will be removed from the play area and must sit in the check-in area until a parent/guardian arrives. Any booking fees or play hour fees will not be refunded.
10. If an undesignated person will be picking up your child, pre-approval and photo identification will be required. If consent and/or proper ID are not received, the child will not be released and the parent will be responsible for any additional late pick-up fees that are incurred as a result.
11. Most of the time, even if kids are a little upset at drop-off time, our caregivers are able to quickly redirect and distract with all of the activities and fun things to do at Timeless Play. Crying and sadness are usually quickly replaced with smiles in a few minutes. If after about ten to fifteen minutes a child is still uneasy or upset we will call the parent/guardian. Our goal is to learn any suggestions the parent/guardian may have as it pertains to consoling the child but if efforts are not effective in calming the child, the parent may be asked to return.
12. Immunization records will be required at the time of registration unless a state immunization exemption form is provided.
13. Clients are prohibited from soliciting Timeless Play employees or engaging the services of a Timeless Play employee for private hire for a period of one year after the employee's last date of employment.
14. Children are expected to abide by the following rules while at our center: a. Be respectful and polite to staff members b. Listen and follow directions c. Respect other children's rights and feelings.
15. In the event of a child not following the center rules, Timeless Play staff will first try to use redirection before giving a verbal warning. If the child continues to misbehave after a verbal warning, they will be asked to leave the play area and sit in the check-in room for no more than three minutes after the child has regained control/composure. No child will be left for more than 10 minutes without a staff member’s interaction. In the rare event that these efforts do not result in behavior modification, a Timeless Play staff member may call the parent and request for the child to be picked up.

VI. Arbitration and Attorney's Fees

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Arizona or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

In the event of any dispute between the parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.

VII. Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Arizona. Any action or proceeding commenced regarding this Agreement shall be brought in Pima County, Arizona.

VIII. Entire Agreement

This Agreement is entered into by Timeless Play and Client without reliance upon any statement, representation, promise, inducement, or agreement not expressly contained herein. This Agreement constitutes the entire agreement between Timeless Play and Client and supersedes all prior oral and written agreements between Timeless Play and Client with respect to the subjects covered in this Agreement.

IX. Amendment

This Agreement shall not be amended or modified except in mutually agreed-upon writing signed by Client and an authorized representative of Timeless Play expressly stating an intent to modify or amend this Agreement.

X. Informed Consent

Client represents that they have carefully read and fully understands the scope and effect of all of the provisions of this Agreement; that they have had all such time that they desire within which to consider this Agreement; that they have had the opportunity to consult with an attorney of their own choosing and at their own expense to review this Agreement; and that they have availed themself of this opportunity to the extent if any, that they wished to do so.

XI. Severability

The terms of this Agreement are severable. The invalidity or unenforceability of any provision within this Agreement shall not affect the application of any other provision, provided that the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable. Further, consistent with the purposes of this Agreement, any otherwise invalid provision of this Agreement may be reformed and, as reformed, enforced by any party to this Agreement.

XII. Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed to be an original. Failure or delay on the part of any party to exercise any right, remedy, power, or privilege under this Agreement shall not operate as a waiver of any right, remedy, power, or privilege.

XIII. Force Majeure

Each party agrees that the other party is not responsible for any events or circumstances beyond its control (including but not limited to war, riots, embargoes, strikes, and or acts of God) that prevent the party from meeting its obligations under this Agreement.

XIV. Assignment

Neither party shall assign or transfer this Agreement or any interest herein without the prior written consent of the other party.

Sole Remedies

The rights and remedies provided in this Agreement shall be the sole and exclusive rights of the parties against one another relating to the subject matter of this Agreement. Section headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. Sections 2, 4, 5, and 6 of this Agreement shall remain in effect even after termination of this Agreement.

I hereby certify, represent and warrant that I have carefully read this Timeless Play Center Service Agreement, fully understand its final and binding effect, and agree to all its terms and conditions.