1014 Cave Spring Road, SW • Rome, Georgia 30161-4700
RESERVATION AGREEMENT • ENROLLMENT CONTRACT
In consideration of reserving a place for the 2024-2025 school year for **StudentFullname**, the undersigned (jointly and severally if signed by more than one party) hereby agrees to abide by the rules and regulations of Darlington School (“Darlington”) and agrees to each of the terms and conditions as stated below.
PAYMENT OBLIGATION: In order to ensure a stable, well-managed school for your child, Darlington has adopted this enrollment contract. This agreement is a contract for the entire 2024-2025 school year. Upon acceptance of this agreement, Darlington is reserving a space for your child/student. Darlington, being an independent school, has limited spaces available, and reserving space for one student may prevent or deter another’s application, acceptance, and/or attendance. Moreover, the loss of a student after the withdrawal deadline negatively impacts Darlington’s budgeting process, which is affected by the number of executed enrollment contracts. THE UNDERSIGNED AGREES THAT IN THE EVENT THE ABOVE-NAMED STUDENT VOLUNTARILY WITHDRAWS FROM DARLINGTON AFTER MAY 31, 2024, FOR THE 2024-2025 SCHOOL YEAR, OR IS SUSPENDED, DISMISSED, OR EXPELLED FROM DARLINGTON FOR ANY REASON ON OR AFTER THE FIRST DAY OF CLASSES FOR THE 2024-2025 SCHOOL YEAR, THE FULL YEAR’S TUITION IS IMMEDIATELY DUE AND PAYABLE BY THE UNDERSIGNED TO DARLINGTON AS LIQUIDATED DAMAGES FOR BREACH OF THIS ENROLLMENT CONTRACT. THE UNDERSIGNED ACKNOWLEDGES AND AGREES THAT DARLINGTON HAS NEEDS AND EXPECTATIONS FOR SUCH TUITION AND HAS PLANNED FOR PAYMENTS OF SUCH TUITION FOR THE 2024-2025 SCHOOL YEAR. THE UNDERSIGNED FURTHER ACKNOWLEDGES AND AGREES THAT THE FULL YEAR’S TUITION IS A REASONABLE ESTIMATE OF DARLINGTON’S PROBABLE LOSS RELATED TO THE LOSS OF THE STUDENT, IS INTENDED TO PROVIDE FOR DARLINGTON’S DAMAGES AND NOT TO PENALIZE THE UNDERSIGNED, AND THAT THE INJURY CAUSED BY THE WITHDRAWAL, SUSPENSION, DISMISSAL, OR EXPULSION OF THE STUDENT IS DIFFICULT OR IMPOSSIBLE TO ESTIMATE ACCURATELY.
TUITION: The full contract amount for **StudentFullname** is **ContractAmount**, which includes tuition for the school year (2024-2025) of **TuitionAmount**. I hereby agree to pay the full contract amount of **ContractAmount** plus any applicable interest for the upcoming school year on the terms stated or referenced in this agreement.
PAYMENT PLANS: Two plans for paying are described in Darlington’s Payment Brochure for 2024-2025 Under Plan I tuition for the school year (2024-2025) is due on or before **PaymentDeadline**. Under Plan II monthly payments are due in full before the end of the February 2025. Both plans require enrollment with FACTS Management Company for automatic payments of tuition. Finance charges and the FACTS enrollment fee are included in the Plan II monthly payment plan amounts. The payment plan you have selected for this contract is indicated below.
YOU HAVE CHOSEN **PaymentPlan**
Under both plans a deposit of **DepositAmount** is due no later than **ContractDeadline**.
The initial **DepositAmount** deposit is a non-refundable payment and applies towards the tuition obligation.
ADDITIONAL COSTS: The undersigned acknowledges and agrees that the cost of books, supplies, uniforms, certain school-sponsored trips and activities, bus transportation service, and other miscellaneous charges are not included within the fees and Tuition set forth above. Such additional costs and fees shall be paid at the time requested.
ACCOUNT STATUS: The undersigned acknowledges and agrees that non-payment of the financial obligations stated in this agreement is grounds for withdrawal or dismissal of a student. Darlington has the absolute right to deny admission of the student to its facilities, including classes and other school activities, if payments due are not timely made and if a student’s account is not paid and kept current. Students whose accounts are in arrears shall not participate in school projects, and student progress reports and grades will not be released until full payment is received. Copies of academic reports, transcripts, and/or other academic records generated by Darlington will not be released until all financial obligations are paid in full. If a student is dismissed for non-payment, the full amount of tuition and other expenses remains due and payable.
SCHOOL RULES AND REGULATIONS: The undersigned acknowledges and agrees that his or her relationship and that of the student shall be controlled by this enrollment agreement. By signing this agreement the parent, guardian, and/or undersigned understands and agrees that Darlington’s academic and conduct policies, rules and regulations established for students and parents/guardians, including the rules, policies and expectations set forth in the Darlington student handbook, are incorporated into this agreement by reference, and the undersigned and student agree to adhere to and abide by their terms. The Darlington student handbook, however, does not constitute a contract between Darlington and the student/parent, and Darlington reserves the right to modify or amend its policies and the student handbook at any time in the future, in its sole discretion. Copies of the latest version of the handbook are available on the Darlington website. The undersigned specifically acknowledges that school policy requires each student entering the Upper School to be bound by Darlington’s Student Substance Abuse policy for purposes of his or her enrollment and/or continued attendance at Darlington School. The withdrawal or dismissal of a student for failure to comply with Darlington’s Student Substance Abuse Policy shall not excuse the undersigned from the financial obligations hereunder, and the undersigned still remains liable for the full amount of the year’s tuition.
DISMISSAL, WITHDRAWAL, OR EXPULSION: The undersigned acknowledges and agrees that Darlington has the absolute right, in its sole discretion, to require withdrawal, dismissal, and/or expulsion of a student due to misrepresentation or withholding of relevant information during the admission process, regardless of when the misrepresentation or withheld information is discovered. The parties agree that Darlington has the absolute right, in its sole discretion, to require withdrawal and/or expulsion of a student resulting from any acts of willful or disruptive behavior; prolonged academic deficiency; disregard for its rules, regulations, or policies; violation of the law or pending criminal charges; personal maladjustment; lack of parental/guardian cooperation or otherwise unsatisfactory adjustment by the student or parent/guardian to school life. In such cases, the undersigned remains liable for the full amount of the year’s tuition.
AUTHORIZATION OF PROMOTIONAL MATERIALS: The undersigned agrees, without compensation, to permit the school, its agents, contractors assigns, employees and students to use, reproduce, exhibit, display, broadcast, distribute and create derivative works using my child’s photographic image or likeness and/or originals or images of my child’s work product in, including, but not limited to, the school’s publications, promotional materials, website, alumni materials and videos for the purpose of promoting, publicizing, illustrating, or explaining the school, its activities or programs and otherwise for the use and benefit of the school for other purposes. This permission includes print, video, social media, and all future forms of electronic and digital media.
CONSENT AND AUTHORIZATION FOR PARTICIPATION IN SCHOOL ACTIVITIES AND RELATED BUS SERVICE: The undersigned acknowledges and agrees that the student’s participation in activities at Darlington during the school year may include bus transportation service, recess, physical education and sports, recreation, athletic events, and in some instances may require transportation to and from the school campus through motor vehicle or other means provided or arranged by Darlington and its agents, including overnight lodging as appropriate. The undersigned hereby grants permission for the student’s participation in classes and relative to all events, activities, and participation, and acknowledges that school activities carry with them inherent risks of personal injury, illness or property damage. The undersigned agrees to assume and be solely responsible for any and all risks of injury, illness or damage to person or property which may occur involving the student or arising out of school activities. The undersigned agrees not to sue Darlington and to release, indemnify and hold harmless Darlington and its officers, agents, trustees, and affiliates from and against any and all liability, claims, or damages arising out of injury to the person or property of the student, except for claims or damages caused by Darlington’s sole negligence or willful misconduct. The undersigned also authorizes Darlington to arrange for any and all reasonable medical treatment in case of an emergency, with the undersigned being responsible for the entire cost of such treatment.
ARBITRATION PROVISION: The undersigned acknowledges and agrees that this contract shall be interpreted under the laws of the state of Georgia and that any and all disputes, controversies, claims, and/or causes of action involving or against Darlington which relate to or arise from this agreement, which relate to or arise from a student’s attending Darlington, and/or which relate to or arise from a student’s participation in or attendance at any Darlington sanctioned or sponsored activity, trip or event shall be resolved exclusively through final and binding arbitration before a neutral arbitrator, which binding arbitration shall adhere to and be governed by the rules and procedures set forth in the Georgia Arbitration Act, O.C.G.A. § 9-9-1 et. seq. The decision of the arbitrator shall be final and may be enforced by any court having jurisdiction thereof. In the alternative and only in the event this binding arbitration clause is deemed to be invalid or otherwise unenforceable, the parties to this agreement consent to and agree that any suit, claim, or cause of action in any way related to or arising from this agreement and/or from a student’s attendance or participation in any Darlington sponsored activity, trip, or event, shall be initiated and filed only before the State Courts of Floyd County, Georgia, and the parties expressly consent to personal jurisdiction and venue in and before the State Courts of Floyd County, Georgia.
ATTORNEY FEES: If legal action is necessary to collect any amounts due under this agreement, the undersigned agrees to pay all costs of collection, including all attorneys’ fees incurred by Darlington, and interest of 1.5% per month will apply to any account over thirty (30) days past due.
ACTS OF GOD: The undersigned acknowledges and agrees that the duties and obligations of Darlington under this agreement may be suspended immediately, without notice, during all periods that it is closed because of force majeure events including, but not limited to fire, acts of God, war, governmental action, terrorism, epidemic, pandemic or any other event beyond the School’s control. If such an event occurs, Darlington’s responsibilities under the agreement may be suspended or postponed until such time as the school, in its sole discretion, may safely re-open. The undersigned further acknowledges and agrees that the sole financial remedy for a force majeure event is future service delivery and not a tuition refund.
ENTIRE BINDING CONTRACT: This agreement signed by either or both parents creates a binding contractual obligation on the undersigned when signed. This document is the entire agreement between the parties and all previous statements or representations, whether written or oral, are merged into this one contract. No changes to this agreement shall be valid unless in writing and signed by Darlington and the undersigned. The undersigned may not assign any rights under this agreement without Darlington’s express written consent. Any failure of Darlington to immediately insist upon or enforce all rights and remedies under this agreement shall not constitute or be deemed to be a waiver of any of Darlington’s rights or remedies.
I/we certify that I/we am/are financially and legally responsible for the named student and have thoroughly read and understand this contract. I hereby accept all of the provisions stated above, and I agree to be bound by all the terms and conditions set forth herein.
