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Capturing%20Kids'%20Hearts.Agreement.pdf

Document typecontract
Date2023-06-23
Source URLhttps://go.boarddocs.com/wv/booneboe/Board.nsf/files/D67R2M6BE602/$file/Capturing%20Kids'%20Hearts.Agreement.pdf
Entityboone_county_schools (Boone Co., WV)
Entity URLhttps://www.boonecountyboe.org/en-US
Raw filenameCapturing%20Kids'%20Hearts.Agreement.pdf
Stored filename2023-06-23-2997314d3ea97fbae9ceace509703ca0-contract.txt

Parent document: REVISED - Regular Meeting - Meeting #41-06-17-2024.pdf

Text

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Capturing Kids’ Hearts
Bid Procurement Process

Policy 8200 — During the first few weeks of June, | performed several google searches trying to find
companies that offer the same product and set of services, | couldn’t find anything specific. | found
similar offerings in part, but | would have had to piecemeal together services to design something
similar. Furthermore, this program is research based and has evidence of effectiveness (Hanson, Zhang,

et al.).

Although this amount would follow 7.11.5 (Purchases costing $50,000 or more), this exemption would
apply based on the grounds of it being a technical, or specialized service being acquired under an
agreement (19.2)

“An LEA may waive the requirement to advertise when a vendor is considered to be the sole source for the
item, when it is determined to be in the best interest of the LEA, or when professional, technical, or
specialized services are being acquired under an agreement. All waivers must be well documented, and

those based on a best interest determination must be approved by the governing body.”

19.2 Agreements.

19.2.1 The award of agreements that are used for obtaining professional, technical, or other
specialized services may be negotiated and need not be competitively bid, since the variety
of the services can vary significantly among providers.

19.2.2 Locally developed criteria may be established for evaluating and negotiating such
agreements. Competitive bids may be solicited, but the award need not be awarded to the
lowest bidder.

19.2.3 An LEA may reject any or all bids that may have been requested and solicit new bids.

2 CFR 200 — While analyzing federal guidelines, | found that this purchase would fall under these
categories:

Title 2, Subtitle A, Chapter II, Part 200, Subpart D, Procurement Standards:

When referencing this section, this purchase would fall under subsection (c) Noncompetitive
procurement due to these circumstances being present:

(2) The item is available only from a single source;

(5) After solicitation of a number of sources, competition is determined inadequate. (This is if trying to
piecemeal services together)

Based on my research of the purchase, | feel this is in the best interest of the county to enter into this

is willing to sign the Policy 8200 agreement 6/238

Shea Hale | Date
Director of Federal Programs



PURCHASING POLICIES AND PROCEDURES MANUAL
FOR LOCAL EDUCATIONAL AGENCIES

AGREEMENT ADDENDUM

In the event of conflict between this addendum and the agreement, this addendum shall control:

1.

DISPUTES - Any references in the agreement to arbitration or to jurisdiction of any court other than the Circuit Court of the county in which the Agency is lecated are
hereby deleted. The parties may agree to nonbinding mediation prior to litigation.

2. HOLD HARMLESS - Any clause requiring the Agency to indemnify or hold harmless any party is hereby deleted in its entirety.

3. GOVERNING LAW -The agreement shall be governed by the laws of he State of West Virginia. This provision replaces any references to any other State's governing law.

4. TAXES. - Provisions in the agreement requiring the Agency to pay taxes are deleted. As a political subdivision of the State of West Virginia, the Agency is generally
exempt from Federal, State, and local taxes and will not pay taxes for any Vendor including individuals, nor will the Agency file any tax returns or reports on behalf of
Vendor or any other party.

5. PAYMENT -- Any references to prepayment are deleted. Fees for software licenses, subscriptions, or maintenance are payable annuaily in advance. Payment for services
will be in arrears.

6. INTEREST — Any provision for interest or charges on late payments is deleted. The Agency has no statutory authority to pay interest or late fees.

7. NO WAIVER - Any language in the agreement requiring the Agency to waive any rights,claims or defenses is hereby deleted.

& FISCAL YEAR FUNDING - Service performed under the agreement may be continued in succeeding fiscal years for the term of the agreement, contingent upon funds
being appropriated by the Legislature or otherwise being available for this service. In the event funds ace not appropriated or otherwise available for this service, the
agreement shall terminate without penalty on June 30, After that date, the agreement becomes of ne effect and is null and void. However, the Agency agrees to use its
best efforts to have the amounts contemplated under the agreement included in its budget. Non-appropriation or non-funding shalt not be considered an event of default.

8 STATUTE OF LIMITATION - Any clauses limiting the time in which the Agency may bring suit against the Vendor, lessor, individual, or any other party are deleted,

10. SIMILAR SERVICES - Any provisions limiting the Agency's right to obtain similar services or equipment in the event of defautt or non-funding during the term of the
agreement are hereby deleted.

11. ATTORNEY FEES - The Agency recognizes an obligation to pay attomey's fees or costs only when assessed by a court of competent jurisdiction. Any other provision is
invalid and considered null and void.

12. ASSIGNMENT - Notwithstanding any clause to the contrary, the Agency reserves the right to assign the agreement to a State agency or another local governmental
agency, board or commission of the State of West Virginia upon thirty (30) days written notice to the Vendor and Vendor shall obtain the written consent of Agency prior ta
assigning the agreement.

13. LIMITATION OF LIABILITY - The Agency, as a political subdivision of the State, cannot agree to assume the potential liabitity of a Vendor. Accordingly, any provision
limiting the Vendor's liability for direct damages to a certain dollar amount or to the amount of the agreement is hereby deleted. Limitations on special, incidental or
consequential damages are acceptable. in addition, any limitation is null and void to the extent that it precludes any action for injury to persons or for damages to personal
property.

14. RIGHT TO TERMINATE - Agency shall have the right to terminate the agreement upon thirty (30) days written notice to Vendor. Agency agrees to pay Vendor for services
rendered or goods received prior to the effective date of termination. [n such event, the Agency will not be entitled to a refund of any software license, subscription or
maintenance fees paid.

16. TERMINATION CHARGES - Any provision requiring the Agency to pay a fixed amount or liquidated darnages upon termination of the agreement is hereby deleted. The
Agency may only agree to reimburse a Vendor for actual costs incurred or losses sustained during the current fiscal year due to wrongful termination by the Agency prior to
the end of any current agreement term.

16. RENEWAL - Any reference to automatic renewal is hereby deleted. The agreement may be renewed only upon mutual written agreement of the parties.

17. INSURANCE Any provision requiring the Agency to purchase insurance for Vendor's property is deleted. The Agency is insured through the Board of Risk and Insurance
Management, and will provide a certificate of property insurance upon request.

18. RIGHT TO NOTICE - Any provision for repossession of equipment withaut notice is hereby deleted. However, the Agency does recognize a right of repossession with
Notice.

+9. ACCELERATION ~ Any reference to acceleration of payments in the event of default or non-funding is hereby deleted.

20, CONFIDENTIALITY — Any provision regarding confidentiality of the terms and conditions of the agreement is hereby deleted. Gavernmenta! contracis are public records
under the West Virginia Freecom of Information Act.

21. AMENDMENTS -All amendments, modifications, alterations or changes to the agreement shall be in writing and signed by both parties. No amendment, modification,
alteration or change may be made to this addendum without the express written approval of the Agency.

ACCEPTED BY: VENDOR:

Local Education Agency: Company Name:

Signed: Signed:

Title: Title:

Date: Date:

Revised 07-12

- 48 -


Capturing
Kids’ Hearts:

Powered by Flippen Group

CAPTURING KIDS HEARTS > SERVICE AGREEMENT

CAPTURE /tearts. IMPACT Culture. SEE Change.

Created by: Prepared for:
Lacy Bruner Matt Riggs
Capturing Kids’ Hearts Boone County Schools

Date: June 13, 2024


SERVICE AGREEMENT

Boone County Schools ("Client” or "you")
69 AVE B
Madison, West Virginia 25130

Thank you for selecting The Flippen Group, LLC, dba Capturing Kids’ Hearts (“CKH” or “we”) to serve your organization. Our
goal is to provide you with products and services that will both motivate and empower your organization to advance to a new
level of success. Please take a moment to review the information below, and then sign and return this form to confirm this
Master Services Agreement (“Agreement”). We look forward to serving you.

Section 1: Our Commitment

The Agreement itself is between CKH and you, the above-identified Client, although most of the benefits of this Agreement
are available to many of your representatives/participants as well. Once accepted by you, this Agreement governs our
relationship with regard to all of the "Products and Services” as defined in this Agreement, or that may later be mutually
agreed upon between the parties with reference to this Agreement; many if not all of which involve training events to be
conducted by CKH's representatives (“Consultants” or “Strategists”). In addition, this Agreement together with the Terms of
Use associated with our “Websites” governs our relationship over the numerous resources and products that are and will be
made available to you during the “Term” of this Agreement (collectively, "Resources”). Once your acceptance of this
Agreement is confirmed, the pricing applicable to you for all such Products and Services and for your access to many of the
Resources (“Access”) become enforceable.



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SERVICE AGREEMENT

ADDITIONAL CHARGES (where applicable):

DISCOUNTS:
Discount made possible due to generous donors and the Capturing Kids' Hearts Foundation.

FACILITY EXPENSES:

Client (at a minimum) will be responsible for securing facilities/meeting space with adequate square footage, comfortable
seating, and light refreshments for all attendees for any training event. Facilities and all related costs will be at Client’s
expense.

ADDITIONAL PARTICIPANT FEES (to the extent applicable):

A $400.00 fee will be charged for each person over 50 not to exceed 60 total per Capturing Kids’ Hearts® 1 Training.
A $400.00 fee will be charged for each person over 30 not to exceed 35 total per Capturing Kids' Hearts” Process
Champions Implementation Visit.

Section 3: Investment

AGREEMENT:

By entering this Agreement, you agree to engage CKH as your provider for our Resources and all the Products and Services
as outlined in the accompanying Products and Services section or that may later be mutually agreed between the parties
with reference to this Agreement, each of which is incorporated into this Agreement in its entirety by this reference.

Until accepted by you this Agreement and its rates and other pricing terms are non-binding and will expire in 14 calendar
days following June 13, 2024. To accept and receive the benefits of this Agreement, your signature and acceptance can only
be confirmed by CKH upon our receipt of the signed return of this Agreement on or before, June 27, 2024.

PAYMENT TERMS:

The fees for each of the Products and Services and for your Access to Resources shall be determined based on the
applicable Products and Services section as well as the other terms of this Agreement. In the case of Products and Services
involving scheduled events, the fees (including travel, if applicable) will be billed when the corresponding Products and
Services are provided or rendered.

Subscription(s) services shall commence upon the signing of this agreement or June 1, 2024 for the 2024-2025 school
year(s) (whichever occurs later) through May 31, 2025. Unless terminated in writing, subscription service(s) will
automatically renew on June 1st annually at current rates. Should subscription costs increase by more than 20% over this
agreement, the Client will be given 60 days’ notice of the rate increase.

Purchase Orders for each scheduled item that is part of the Products and Services section, must be submitted to CKH at
least 45 days prior to the scheduled event.

Invoices are due upon receipt. Please make all checks payable to Capturing Kids’ Hearts.

SURCHARGES & TAXES:

For Products or Services sold or accessed or Services performed in jurisdictions where taxes, including sales tax, apply to
the corresponding transactions under this Agreement, Client shall be responsible for payment of such taxes or for
reimbursement of the payment of such taxes when they are paid by or for CKH.



SERVICE AGREEMENT

Section 4: Policies

SCHEDULING:
CKH will need someone designated in Client organization to work with on scheduling and event planning needs.

CKH will contact you upon confirmed signing of this Agreement to begin setting up dates for Products and Services to be
rendered on the applicable Products and Services section.

Confirmation of all scheduled dates of service will be made via email and is subject to cancellation terms as listed in this
Agreement.

CKH may need to communicate with the Client's members/Participant(s) via e-mail to communicate pertinent details about
events or products they are attending/experiencing. These e-mail addresses are not shared with any third-party
organizations and are only used for the events they are attending. These email addresses are NOT used for soliciting
purposes.

FACILITIES/EVENT SET-UP:

You and CKH will mutually agree upon the location of any event as part of the Products and Services section, which should
be resolved at least 30 days prior to a scheduled service. CKH will provide event-specific details for any scheduled service
(including square footage requirements, AV needs, schedule, and other logistics to be coordinated). Should any of those
details need to be altered, prior approval by CKH would be needed.

RECORDING/MEDIA:
Video and/or audio taping of events is strictly prohibited without prior written approval by CKH.
Media representatives are not allowed to attend events without prior written approval by CKH.

DEPOSITS and CANCELLATIONS:
No deposit is required.

* CKH requires a cancellation notice of 90 days prior to any scheduled date of service. A cancellation notice received
inside the 90-day window will result in the full contractual fee being assessed as of the date of cancellation. To the
extent not offset by duplicate expenses incurred by CKH, the fee charged for such cancellation may be credited to
the event once that event is rescheduled, although any amounts paid for Products or Services that are unused by
your organization within the 12 months following the date of signature of this Agreement will be forfeited.
Nonrefundable travel expenses that Capturing Kids’ Hearts has incurred as a result of the Client rescheduling or
cancelling a service will be passed through to your organization.

In the event an assigned CKH Consultant/Strategist is subject to illness, travel delay, or unavoidable emergencies,
the event can be rescheduled/restructured/reassigned.

* Force Majeure: Except with regard to payment obligations, neither party shall be liable to the other for any failure or
delay in performing its obligations under this Agreement where such failure or delay is as a result of Acts of God
(including fire, flood, earthquake, storm, hurricane or other natural disasters), pandemics, epidemics, war, invasion,
act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military
or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike,
lockout or interruption or failure of electricity or telephone service, and no other Party will have a right to terminate
this Agreement in such circumstances. Any Party asserting Force Majeure as an excuse shall have the burden of
proving that reasonable steps were taken (under the circumstances) to minimize delay or damages caused by
foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other Party was timely
notified of the likelihood or actual occurrence which would justify such an assertion so that other prudent
precautions could be contemplated.

RESOURCES:



SERVICE AGREEMENT

During the course of providing the Products and Services, participants will be provided with various Resources, some of
which shall be distributed by hand or by email to participants during or in preparation or follow-up to particular events, and
others of which shall be accessed through websites operated by CKH (“Websites”). For the purpose of accessing some or all
of the Resources used during our provision of the Products and Services, you will be required to create an account through
one or more of the Websites. In the process, you will be required to accept the Terms of Use for the Websites, which will
govern your rights and obligations with respect to the content accessed through those Websites, to the extent such Terms of
Use are consistent with this Agreement.

Section 5: Intellectual Property

COPYRIGHTS & TECHNOLOGY RIGHTS

CKH's intellectual property is a crucial part of providing training materials and consulting services to its clients, and CKH
could not continue its work if its clients did not honor and respect CKH’s intellectual property rights. All copyrights and other
forms of intellectual property protection pertaining to the Resources, including without limitation all content and
functionality on or of the Websites, as well as all text, graphics, images, logos, icons, audio, video, tables, algorithms,
analytics, reports, and dynamic content associated with the Resources, whether prearranged or created or modified during
the course of providing the Products and Services, as well as the selection, arrangement and "look and feel" of all the
foregoing, (excluding personal data belonging to you or your authorized users) are the exclusive property of CKH or its
licensors. None of our work or work product is done on a “work for hire” basis, and all our material and work product is
owned exclusively by CKH and is subject to one or more of the following: copyright, trademark, patent, license, or trade
secret. Intellectual property and learning/know-how that may be developed while working with any client shall remain the
property of CKH. By entering into this Agreement, you are expressly acknowledging and agreeing to the matters set forth in
this paragraph and you are agreeing that none of the training materials, notebooks, videos, presentations, processes or
concepts may be used by you, for any purpose, without the express advance written consent of CKH. All textual, dramatic,
audio, and/or visual Resources are protected by U.S. and international copyright laws. All rights not expressly granted are
reserved.

TRADEMARKS:

The trademarks, service marks, designs, and logos displayed on or in conjunction with the Products, Services, Resources or
Websites (collectively, the “Trademarks") are the registered and unregistered trademarks of CKH and its licensors. You agree
that you will obtain advance written consent from CKH before referring to or attributing any information to CKH or its
licensors in any public medium (e.g., signage, press releases, websites, etc.) for advertising or promotion purposes, or for
the purpose of informing or influencing any third party, understanding that such consent may be denied for any or no

reason. You also agree that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship
with, CKH or its licensors.

USE OF RESOURCES:

Capturing Kids’ Hearts grants individual participants of training a limited, non-exclusive, revocable, and non-transferable
license for the Term of this Agreement to view, access, download, display, and otherwise use specific Capturing Kids’ Hearts
Resources for their personal and classroom use only. Resources are made available to participants based upon their
completed training and provided during training or through site content of Websites.

Access to Resources for participants is based upon both their completion of specific training(s) with Capturing Kids’ Hearts
and the contractual relationship between Capturing Kids’ Hearts and the Client, the organization of which the participant is a
current member. The relationship with a Client is documented in the products listed in the Products and Services Section
and determines the varying levels of access to Resources based upon the training, products or subscriptions purchased. If
the participant is no longer part of the Client’s organization, the participant will no longer have access to the resources.

APPLICABLE RESTRICTIONS & REQUIREMENTS:
Any unauthorized use of Resources is prohibited and may violate copyright, trademark, patent, and other applicable laws or
regulations and could result in criminal or civil penalties. All Resources are made available for use by you only to the extent



SERVICE AGREEMENT

that such use complies with all Applicable Restrictions & Requirements. For these purposes, “Applicable Restrictions &
Requirements” means any and all of the following: (i) the provisions of this Agreement; (ii) the Terms of Use associated with
the Websites; (iii) any other CKH agreements or Products and Services that may be applicable to you; (iv) any written
instructions or restrictions provided to you by CKH; and (v) any instructions or restrictions printed on or otherwise
accompanying any copies of the Resources that are provided to you, or that appear on Websites that are associated with
such Resources. To be clear, except to the extent expressly permitted in writing as part of the Applicable Restrictions &
Requirements, your rights do not include rights to do any of the following (collectively, “Prohibited Actions’), all of which you
are prohibited from doing without CKH’s express prior written consent: (i) reproduce, modify, translate, aggregate, distribute,
sell, commercially exploit, transmit, post, make derivatives of, or publicly disclose any of the Resources, or any portion
thereof, in any way not expressly permitted in writing by CKH; (ii) remove, redact, or omit any and all copyright and other
proprietary notices displayed on the Resources or on any permitted copies thereof; (iii) use of any data mining, robots or
similar data gathering or extraction methods in connection with the Resources or the Websites; (iv) download (other than
page caching) of any portion of the Resources or the Websites except to the extent expressly authorized during provision of
the Products and Services; (v) reverse engineer or access the Resources or the Websites in order to develop or use any
competitive website, content, app, product or service; (vi) use any of the Websites, Products or Resources other than for their
intended purposes; (vii) resell any Resources or other Products delivered or otherwise acquired by you during the course of
the Services or otherwise through the Websites; (viii) store, transport or use any Products or Resources in an unsafe or
reckless manner or in any manner prohibited by law or regulation; or (ix) use any of the Resources in any manner not
permitted by law or regulation. CKH may also impose additional reasonable limits on the scope of your access to and use of
the Resources, including limits on time or number of materials accessed or machines used to access such Resources, in
part to prevent unauthorized third-party access to or use of such Resources.

CONFIDENTIALITY:

This Agreement and its various terms (including the pricing, combination of services and solutions, and other terms of all
associated Products and Services section) as well as metrics, observations and personal information about Client's
participants that may be contained or reflected in Deliverables (collectively, “Confidential Information”) shall be treated as
confidential by Client and shall not be disclosed to any third parties throughout the Term of this Agreement and for five (5)
years thereafter. However, notwithstanding the foregoing, Client may disclose such Confidential Information in compliance
with judicial or other governmental orders or open records requests, provided that (i) Client shall give CKH at least ten
business days advance written notice before so disclosing in response to such orders or requests, and (ii) Client shall
reasonably cooperate with CKH to accommodate any requests from CKH to secure protective orders or to limit the scope of
responses to the extent legally permissible.

Section 6: Disclaimers

Client accepts and must accept all of the Resources, Access, Products and Services, including any work products, results or
deliverables produced thereby (collectively, “Deliverables”), “AS IS” and with all faults and errors. CKH HEREBY DISCLAIMS
ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT MIGHT RELATE TO THE RESOURCES, ACCESS,
SERVICES OR ANY DELIVERABLES, EXCEPT FOR ANY SPECIFIC WARRANTIES THAT MAY BE EXPRESSLY PROVIDED IN THE
TERMS OF THIS AGREEMENT, IF ANY. The entire risk as to the functionality, operation, and results is with the Client, and
neither CKH nor any of its Consultants or other representatives assumes any risk or obligation in connection therewith.

CKH hereby disclaims any and all liability, risk, obligation, or responsibility for decisions made or actions taken by Client after
use of the Products, Resources, Access, Services, or any Deliverables. CKH shall in no way be responsible or liable for
CLIENT'S use of (1) the Resources, Access, Products, Services, or Deliverables, (2) the information and data provided by
third parties in order to use the Resources, Access, Products, Services or Deliverables; or (3) the information or results
obtained through the Resources, Access, Products, Services or Deliverables. CKH does not guarantee or warrant any
particular result or success as a result of the use of the Resources, Access, Products, Services, or Deliverables. Instead, the
Resources, Access, Products, Services, and Deliverables should be considered tools to assist the Client, but they should not
be treated as a singular solution.



SERVICE AGREEMENT

In no event shall CKH or any of its Consultants or other representatives be liable for or responsible for any indirect,
incidental, or consequential damages or injuries related to Client's or its representative's use of: (1) the Resources, Access,
Products, Services or Deliverables; (2) the information and data provided by third parties in order to use the Resources,
Access, Products, Services or Deliverables; or (3) the information or results obtained through the Resources, Access,
Products, Services or Deliverables. The maximum possible liability of CKH shall not exceed the lesser of (a) the amount that
the Client paid for the Resources, Access, Products, Services, or Deliverables that directly relate to the claim giving rise to
such liability or (b) the full retail cost of those same Resources, Access, Products, Services or Deliverables.

No information shared by CKH verbally or in writing can be constituted to be professional advice, such as medical, legal,
financial, psychological, business, or counseling advice. Diagnosing medical or psychological conditions cannot be done
through a coaching process and should only be done by licensed professionals.

Section 7: Entirety & Interpretation

Once accepted, this Agreement together with the Terms of Use associated with our Websites represents the entire
agreement, and supersedes any and all previous understandings, between you and CKH as pertains to our Products and
Services and your Access to Resources. To be valid and enforceable, any amendment or modification to this Agreement,
which may be in the form of a subsequent Products and Services Amendment that expressly invokes this Agreement, must
be in a writing and signed by the respective authorized representatives to be bound thereby. This Agreement shall be
construed, interpreted, and enforced exclusively under the laws and venue applicable in College Station, Brazos County,
Texas. Section and paragraph headings have been included in this Agreement in hopes of facilitating ease of reference, but
such headings shall not affect the interpretation of this Agreement. In the event of any inconsistency that cannot be
reasonably resolved between this Agreement and an applicable Products and Services, the Products and Services section
shall control for purposes of resolving the inconsistency, and a more recent Products and Services section shall control over
inconsistent terms in Products and Services section(s). To the extent of any inconsistency that cannot be reasonably
resolved between this Agreement and the Terms of Use associated with our Websites, this Agreement shall control
throughout the Term, while the Terms of Use will control after the Term. You also agree that this Agreement will not be
construed against CKH by virtue of having drafted it.

Section 8: Acceptance & Term

To indicate your acceptance of this Agreement without changes, the Client should have its authorized representative sign
where indicated below and return the signed Agreement to Capturing Kids’ Hearts via email to
lacy.bruner@capturingkidshearts.org. Once returned, the date of your authorized representative's signature shall be treated
as the effective start date of this Agreement. The enforceable term of this Agreement (“Term”) shall extend until all services
on the Products and Services section are from the Effective Date, unless sooner terminated, except that the Term shall be
automatically extended through the last day of your Subscription Access, including any and all Renewal Terms for such
Access,

Either party to this Agreement may terminate this Agreement at any point during the Term by providing ninety days’ written
notice to the other in the event that such other party materially breaches any provision of this Agreement, unless that other
party cures such breach during those ninety days. All unpaid payment obligations and all rights and obligations under
Intellectual Property of this Agreement shall survive any termination of this Agreement.

Section 9: Confirmation

On behalf of the Client, the undersigned individual hereby confirms that they have read and understand all the terms and
conditions of this Agreement, and, as the contact person and authorized representative of the Client for all purposes of this



SERVICE AGREEMENT

Agreement, will endeavor to see that all policies and related details are understood and completed by all Client involved
parties in the planning of the Products and Services. The undersigned individual applies their signature to this Agreement on
behalf of their respective party for the purposes of entering into a legally binding contractual relationship between CKH and
Client.

If you have any questions or need additional assistance, please do not hesitate to contact us.

Boone County Schools

By:

Printed Name:
Client's Authorized Representative

Title:

Date:

Contact Information:

Capturing Kids' Hearts

Attn: Lacy Bruner
lacy.bruner@capturingkidshearts.org
1199 Haywood Drive

College Station, TX 77845

Phone: 800-316-4311

Fax: 877-941-4700

800.316.4311 www.CapturingKidsHearts.org