Spark Skill LLC, its members, managers, owners, independent contractors, employees, agents, vendors and business partners (collectively, “Spark Skill Parties”) shall not be liable to Student for any claim, damage or injury of any kind or nature arising out of or relating in any way to the Spark Skill LLC program, including, without limitation, claims arising in tort or contract, whether for personal injury, economic injury, or any other kind of injury or damage. Student and parent or legal guardian (collectively, "Student") expressly and knowingly waives any such claims against the Spark Skill Parties and Student assumes the full risk of participation in the Spark Skill LLC program. In the event that any aspect of this waiver is deemed contrary to law or unenforceable, Student agrees that the total liability of any of the Spark Skill LLC Parties to Student shall be limited to the amount that the Student actually paid to Spark Skill LLC for participation in the program.
In the event of an injury to the Student, I give my permission to Spark Skill LLC or to the employees, representatives or agents of Spark Skill LLC to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the first day of the Student's enrollment, and will terminate on the last day of the Student's enrollment. Spark Skill LLC shall have the following powers:
a. The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
b. The power to authorize medical treatment or medical procedures in an emergency situation; and
c. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to final and binding arbitration under the commercial rules of the American Arbitration Association. The arbitration will be limited to 1 day before 1 arbitrator. The place of arbitration shall be Las Vegas, Nevada. The parties shall split the cost of arbitration and each party shall be responsible for their own attorneys’ fees and costs. The limitation of liability set forth above shall apply to any arbitration award in favor of the Student. The arbitrator's award will be final and judgment may be entered upon it by any court having proper jurisdiction, provided, however, that Spark Skill LLC may challenge de novo any award in excess of the limitation of liability.