CUSTOMER AGREEMENT
Registration, Waiver, and Release
MTH Winter Park LLC d/b/a Meta Humans
Parties
Company
is MTH Winter Park LLC d/b/a Meta Humans, a Florida limited liability company with offices at 2175 Aloma Ave, Winter Park, FL 32792, and any other Meta Humans location at which Customer or Minor(s) receive Service. Meta Humans is a learning center that facilitates in-person, project-based educational experiences in science, technology, engineering, mathematics, art, design, and entrepreneurship. This Agreement applies to participation at any Meta Humans center, whether operated by Company directly or by an affiliated entity operating under the Meta Humans brand. All references to “Company” in this agreement include the specific Meta Humans location at which Services are provided.
Customer
is (a) an individual at least eighteen (18) years of age, or an emancipated minor, engaging in the Services for himself or herself; or (b) the parent or legal guardian of one or more minor children ("Minor(s)") for whom Company will provide the Services. Customer represents and warrants that Customer is the legal parent or court-appointed guardian of any Minor(s) enrolled, and has full legal authority to enter into this Agreement and bind the Minor(s) to its terms.
By signing below, the Parties adopt this Customer Agreement (the "Agreement") as of the date of execution (the "Effective Date") and agree to the mutual covenants, terms, and conditions herein.
1. Services
In exchange for payment of the applicable fees, Company agrees to provide educational activities, workshops, facilitated projects, and related programming (the "Services") to Customer or Minor(s). The Services may include, but are not limited to, activities involving science, technology, engineering, mathematics, art, design, entrepreneurship, and related fields.
Company reserves the right to dismiss or suspend any Customer or Minor who violates Company rules of conduct or otherwise fails to adhere to the direction of Company personnel. Grounds for dismissal shall be for reasonable cause as determined by Company in its reasonable discretion. Dismissal or suspension does not relieve Customer of payment obligations already incurred and does not entitle Customer to any refund, except as provided in the Refund and Cancellation Policy below.
COMPANY DOES NOT WARRANT ANY SPECIFIED SUCCESS RATE WITH RESPECT TO PARTICIPATION AND/OR PERFORMANCE IN THE SERVICES BY CUSTOMER OR MINOR(S).
2. Trial Period and Program Fit
Trial Period.
The first five (5) attended sessions constitute a mutual evaluation period (the “Trial Period”). During the Trial Period, either Party may determine that the program is not an appropriate fit and end the relationship. If Company determines during the Trial Period that the program is not an appropriate fit, Customer will receive a refund in accordance with the Refund and Cancellation Policy.
Program Fit Determination.
Company may determine, in its reasonable professional judgment, at any time during or after the Trial Period, that the program is not an appropriate fit for the learner. This determination may be based on factors including, but not limited to, developmental readiness, prerequisite skill levels (such as reading and writing proficiency), the learner’s ability to participate safely and constructively, or the impact of the learner’s participation on the learning environment for other members. A program fit determination is not a disciplinary action.
If Company makes a program fit determination, Company will communicate its concerns to the parent or guardian and, where reasonable, suggest alternatives. If the fit concern cannot be resolved, Company may terminate this Agreement by providing written notice to Customer. Refunds in the event of a Company-initiated fit-based termination shall be governed by the Refund and Cancellation Policy.
3. Fees and Payment
As full consideration for the Services, Customer shall pay Company the applicable fees in accordance with the payment terms communicated at enrollment. If any amount becomes past due, Company may, at its option and without further notice, withhold further Services until all amounts owed have been paid in full. Withholding of Services under this provision shall not constitute a breach of Company’s obligations.
4. Intellectual Property
5(a) Company Materials
All intellectual property rights in Company’s pre-existing works, programs, curricula, methods, platforms, and deliverables (collectively, "Company Materials") are and shall remain the sole property of Company. Customer and Minor(s) are granted a limited, revocable, nonexclusive, nontransferable license to use Company Materials solely for personal, non-commercial educational purposes as intended under this Agreement.
5(b) Customer and Minor Content
Customer and Minor(s) retain ownership of all original works, projects, and creative output produced during the Services ("Customer Content"). By participating in the Services, Customer grants Company a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, display, and create derivative works of Customer Content solely for the following purposes:
(i) internal program evaluation and improvement;
(ii) portfolio display within Company facilities and platforms;
(iii) non-commercial educational demonstration.
Personal student projects
— including artwork, writings, inventions, and other creative works — remain the property of the student. Company makes no claim of ownership to such works.
Use of Customer Content for marketing, advertising, or commercial purposes requires separate written consent as described in the Publicity and Media Release section below.
5. Warranty
5(a) Limited Warranty
The Services are educational in nature. Company does not warrant any specific results or achievements. Company warrants that the Services will be performed by qualified personnel in a professional and workmanlike manner in accordance with generally accepted industry standards.
5(b) Limitation of Warranty
THE WARRANTY IN THIS SECTION IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES OR DELIVERABLES. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY IS RE-PERFORMANCE OF THE SERVICES, OR IF RE-PERFORMANCE IS NOT POSSIBLE OR CONFORMING, A REFUND OF AMOUNTS PAID FOR THE NON-CONFORMING SERVICES.
6. Confidentiality
Each Party may disclose confidential or proprietary information to the other during the course of this Agreement ("Confidential Information"). The receiving Party shall maintain Confidential Information in strict confidence, limit disclosure to those with a need to know, and protect it with no less than a reasonable degree of care. The term of confidentiality shall be three (3) years from the date of disclosure, except for trade secrets, which shall be kept confidential for so long as they remain trade secrets.
Upon request or within fifteen (15) days of termination, the receiving Party shall return or destroy all copies of Confidential Information.
7. Limitation of Liability
8(a) Exclusion of Consequential Damages
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, OR DAMAGE TO REPUTATION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8(b) Cap on Damages
COMPANY’S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT THAT ARE CONTRACTUAL IN NATURE SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THIS CAP DOES NOT APPLY TO CLAIMS FOR BODILY INJURY OR PERSONAL INJURY.
8(c) Bodily Injury Exclusion
The limitations in Sections 6(a) and 6(b) do not apply to claims for bodily injury, personal injury, or death caused by the gross negligence or willful misconduct of Company.
8(d) Time Limitation
NO ACTION FOR ANY CLAIM ARISING UNDER THIS AGREEMENT THAT IS CONTRACTUAL IN NATURE SHALL BE BROUGHT MORE THAN ONE (1) YEAR AFTER ACCRUAL OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT. THIS LIMITATION PERIOD DOES NOT APPLY TO CLAIMS FOR BODILY INJURY OR PERSONAL INJURY.
8. Assumption of Risk; Waiver and Release
8(a) Activities and Risks
Customer acknowledges that participation in the Services may involve physical activities and the use of equipment and materials including, but not limited to: hand tools, power tools, 3D printers, laser cutters, soldering equipment, electrical components, robotics components, computers, art supplies, physical movement activities (including yoga, meditation, and games), and other maker-space equipment. Customer acknowledges that such activities carry inherent risks of injury, including serious, disabling, temporary, or permanent injury, and that such risks cannot be entirely eliminated, including injuries resulting from failure to follow staff instructions or misuse of equipment.
8(b) Voluntary Participation and Assumption of Risk
By entering into this Agreement, Customer (on behalf of himself or herself and any Minor(s)) acknowledges awareness of these risks and voluntarily assumes full responsibility for any injuries or damages, known or unknown, that may arise from participation in the Services. Customer represents that Customer and any Minor(s) are physically able to participate, and that there are no undisclosed health conditions that would preclude participation.
IF SIGNING ON BEHALF OF A MINOR, CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS KNOWINGLY AND VOLUNTARILY WAIVING ANY CLAIMS THE MINOR MAY HAVE AGAINST COMPANY AND THE RELEASED PARTIES, INCLUDING CLAIMS THE MINOR COULD OTHERWISE BRING UNDER FLORIDA STATUTE §744.301 OR ANY SUCCESSOR STATUTE. CUSTOMER UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, CUSTOMER IS WAIVING THE MINOR’S RIGHTS AS WELL AS CUSTOMER’S OWN.
8(c) Release
TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, CUSTOMER, ON BEHALF OF HIMSELF OR HERSELF, ANY MINOR(S), AND THEIR RESPECTIVE HEIRS AND PERSONAL REPRESENTATIVES, HEREBY RELEASES AND DISCHARGES COMPANY AND ITS AFFILIATES, PARTNERS, MANAGERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE SERVICES, INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF COMPANY OR THE RELEASED PARTIES. THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF COMPANY OR THE RELEASED PARTIES.
8(d) Covenant Not to Sue
Customer further agrees, for himself or herself and all heirs, not to initiate or assist in the prosecution of any claim against the Released Parties arising from participation in the Services, except as expressly preserved in Section 8(c) above.
8(e) Discontinuation
If Customer or any Minor experiences pain or discomfort during any activity, Customer and Minor(s) shall discontinue the activity immediately and seek medical attention if necessary.
9. Customer Indemnification
Customer agrees to indemnify, defend, and hold harmless Company and the Released Parties from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
(a) Customer’s or Minor’s breach of this Agreement;
(b) Customer’s or Minor’s misuse of Company equipment, facilities, or materials, or failure to follow staff instructions;
(c) any claims brought by a Minor upon reaching the age of majority that fall within the scope of the Release set forth in Section 8.
10. Force Majeure
Company shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to: natural disasters, fire, flood, pandemic, epidemic, war, terrorism, civil unrest, government orders, utility failures, labor disputes, or shortages of materials. During any such event, Company’s obligations shall be suspended for the duration of the event and a reasonable period thereafter.
11. Term
This Agreement commences on the Effective Date and continues until the Services are completed or the Agreement is terminated in accordance with its terms.
12. Termination
13(a) Termination by Either Party
Either Party may terminate this Agreement for any reason by providing thirty (30) days’ written notice to the other Party. Written notice may be provided by email with confirmed receipt.
13(b) Termination for Breach
Either Party may terminate this Agreement immediately if the other Party materially breaches this Agreement and fails to cure such breach within thirty (30) days of written notice.
13(c) Termination by Company for Cause
Company may terminate this Agreement immediately, without a cure period, for safety violations, behavioral misconduct, or other conduct that endangers the health or safety of any person at the facility.
13(d) Effect of Termination
Upon termination, Customer’s obligation to pay fees accrued through the effective date of termination shall survive. Refunds, if any, shall be governed by the Refund and Cancellation Policy below.
13. Dispute Resolution; Arbitration
13(a) Binding Arbitration
Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. Arbitration shall be held in Seminole County, Florida, before a single neutral arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
13(b) Waiver of Jury Trial and Class Action
BY SIGNING THIS AGREEMENT, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. EACH PARTY MAY BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION.
13(c) Arbitration Costs
Filing fees and arbitrator compensation shall be shared equally unless the AAA Consumer Rules provide otherwise. The arbitrator may, in the arbitrator’s discretion, award reasonable attorneys’ fees and costs to the prevailing Party. In cases where neither Party wholly prevails, the arbitrator may allocate costs proportionally based on the relative merits of each Party’s claims and defenses. Except where clearly prevented by the area in dispute, both Parties agree to continue performing their respective obligations under this Agreement until the dispute is resolved.
13(d) Severability of Arbitration Clause
If any portion of this arbitration provision is found unenforceable, the remainder shall continue to apply. If the class action waiver is found unenforceable, this entire arbitration provision shall be null and void.
13(e) Governing Law and Venue
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles. If arbitration is unavailable or has been waived, exclusive jurisdiction and venue shall lie in the state or federal courts in Seminole County, Florida.
14. Data Privacy
Company’s collection, storage, use, and disclosure of personal information, including information about Minor(s), is governed by Company’s Privacy Policy (available at https://www.metahumans.com/privacy-policy) and Terms of Service (available at https://www.metahumans.com/terms), each of which is incorporated herein by reference. By entering into this Agreement, Customer acknowledges receipt of and agrees to be bound by those policies as they may be updated from time to time.
In the event of a conflict between this Agreement and the Privacy Policy or Terms of Service regarding the handling of personal information, the Privacy Policy shall control.
15. General Provisions
Entire Agreement.
This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements, whether written or oral.
Amendments.
This Agreement may only be modified by mutual written consent of the Parties.
Notices.
All notices shall be in writing and delivered by email with confirmed receipt to the addresses provided at enrollment.
Independent Contractor.
Company provides the Services as an independent contractor. Nothing in this Agreement creates a partnership, agency, or employment relationship.
No Waiver.
Failure to exercise any right under this Agreement shall not constitute a waiver of that right.
Severability.
If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Assignment.
Neither Party may assign this Agreement without written consent of the other, except that Company may assign to an affiliate, subsidiary, or successor entity.
Survival.
Sections 4, 6, 7, 8, 9, 13, 14, and 15 shall survive termination of this Agreement.
No Third-Party Beneficiaries.
This Agreement does not confer benefits on any third party.
Independence of Waiver and Liability Cap.
The Waiver and Release set forth in Section 8 is an independent defense and is not limited by, contingent upon, or otherwise affected by the enforceability of the Limitation of Liability set forth in Section 7. If any portion of Section 7 is found unenforceable, Section 8 shall remain in full force and effect, and vice versa.
Compliance with Laws.
Both Parties shall comply with all applicable laws in connection with this Agreement.
Counterparts.
This Agreement may be executed in counterparts, including electronically, with the same effect as if both Parties signed the same document.
Publicity and Media Release
By entering into this Agreement, Customer grants Company a non-exclusive, royalty-free license to photograph, video record, or otherwise capture and use images and likenesses of Customer or Minor(s) during participation in the Services for the following purposes:
(a) Marketing, social media, and promotional materials for Company;
(b) Website content and educational demonstrations;
(c) Print and digital publications related to Company’s programs.
This license does not include the right to sell or sublicense media to unaffiliated third parties. Company will make reasonable efforts to use media in a manner consistent with the dignity and privacy of the subjects.
Customer may revoke this consent at any time by providing written notice to Company. Revocation applies prospectively only and does not require removal of media already published prior to revocation. Customer will also have the opportunity to opt out of media use during the registration process.
I DO NOT CONSENT
to the Publicity and Media Release described above. By checking this box, I opt out of Company’s use of my or my child’s image, likeness, or media for marketing or promotional purposes.
Medical Information and Release
Customer is required to disclose any medical conditions, known drug and food allergies, dietary restrictions, or other health-related information relevant to participation in the Services through the registration process. It is Customer’s sole responsibility to notify, inform, and update Company of any changes to this information on an ongoing basis.
In the event of a medical emergency, Company staff will first use reasonable efforts to contact the parent(s) or guardian(s) before authorizing treatment.
Customer authorizes Company to obtain emergency medical attention for Customer or Minor(s) if Customer cannot be reached. Customer consents to transport by ambulance if warranted.
Customer understands and agrees that Company assumes no financial responsibility for medical costs arising from emergency treatment. Customer acknowledges that Company does not provide health or medical insurance of any kind and that Customer is solely responsible for any medical costs arising from injury or illness during participation in the Services.
Operational Policies
Sick Child Policy
Children showing signs of illness may not attend the center. Signs requiring removal include: fever of 100°F or higher (axillary) or 101°F or higher (oral); fever with sore throat, rash, vomiting, diarrhea, earache, irritability, or confusion; diarrhea (runny, watery, or bloody stools, or two or more loose stools within four hours); vomiting two or more times in 24 hours; breathing trouble, persistent cough, sore throat, or swollen glands; frequent scratching, lice, rash, or signs resembling childhood diseases; or any condition requiring more attention than staff can provide without impacting other children.
A child must be fever-free for at least 24 hours before returning. If a child becomes ill during a session, parents will be contacted and are expected to pick up the child within one hour.
Late Pickup Policy
If a parent cannot pick up before closing (typically 6:00 PM), they must notify the center in advance. Late pickups without prior notice will be assessed a fee of $10.00 per 10 minutes (or portion thereof), per child, payable at pickup. Unpaid fees will be billed to the account.
If the center cannot reach an authorized caregiver within 60 minutes of closing, Company may be required to contact appropriate authorities as required by Florida law to arrange for the child’s safe placement.
Behavior Policy
Company maintains a calm, orderly, and safe environment for learning. The core behavioral expectations are: take care of yourself, take care of others, and take care of your center.
Staff use respectful redirection strategies. Students receive a fresh start each day. When behavioral patterns emerge, Company may work with the student and family to develop an individual plan. Company is not obligated to notify parents of every incident but will do so when warranted for safety or legal reasons.
Prohibited behaviors include: use of personal electronics without permission; possession or use of weapons (including imitations); possession, sale, or use of illegal substances; theft; fighting; bullying or harassment. These may result in immediate suspension or termination of membership at Company’s reasonable discretion.
Refund and Cancellation Policy
Cooling-Off Period (Days 1–7):
Customers may request a refund within 7 days of purchase regardless of attendance. Any visits used during this period will be repriced at the current drop-in rate. The refund amount equals the original purchase price minus the repriced value of used visits, minus credit card processing fees. If no visits were used, a full refund is issued less credit card processing fees.
After 7 Days, Fewer Than 5 Visits Attended:
Customers who have attended fewer than 5 sessions are not eligible for a cash refund. Unused visits may be applied as a credit toward future use.
After 7 Days, 5 or More Visits Attended:
Customers who have attended 5 or more sessions may request a refund of unused visits. Used visits will be repriced at the current drop-in rate (currently $100 per day). The refund amount equals the original purchase price minus the repriced value of used visits, minus credit card processing fees. If the repriced value of used visits equals or exceeds the original purchase price, no refund is due.
Expired Visits:
Prepaid visits that have passed their package expiration date are not refundable and are not eligible for credit.
Summer Camp:
Full refund if cancelled 14 or more days before camp start. 50% refund for cancellations within 14 days, less credit card processing fees.
We ask families to attend at least 5 sessions before requesting a refund so your child has a genuine opportunity to experience the program.
For questions, contact (407) 956-2106 or info@winterpark.metahumans.com with "Refund" in the subject line.
Membership Freeze Policy
The freeze policy applies only to weekly memberships (legacy plans). Prepaid visit packages are not eligible for freezes. Weekly memberships may be frozen for 2, 3, or 4 weeks. During a freeze, automatic renewals are paused and the contract duration extends by the frozen period. A minimum account balance of $320 is required. Freezing does not remove the 30-day cancellation notice requirement.
For questions, contact (407) 956-2106 or info@winterpark.metahumans.com with "Freeze" in the subject line.
Homeschool and Homework Support
Members may work on homework or homeschool assignments at any time. Designated times are available when staff support is provided. Staff can answer questions and help members stay focused, but Company does not guarantee that homework will be completed or correct.
Acknowledgment and Signature
BY SIGNING BELOW, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTANDS ALL TERMS OF THIS AGREEMENT, INCLUDING THE ASSUMPTION OF RISK, WAIVER AND RELEASE, LIMITATION OF LIABILITY, CUSTOMER INDEMNIFICATION, ARBITRATION CLAUSE, JURY TRIAL WAIVER, AND THE OPERATIONAL POLICIES (INCLUDING SICK CHILD, LATE PICKUP, AND BEHAVIOR POLICIES). CUSTOMER ACKNOWLEDGES THAT CUSTOMER IS GIVING UP SUBSTANTIAL LEGAL RIGHTS BY ENTERING INTO THIS AGREEMENT.
Signature:
Date: {sign_date}