CONTRACT FOR THE INDEPENDENT PROVISION OF PRIVATE EDUCATIONAL SERVICES WHICH CELEBRATE, ON THE ONE HAND, AS A PARTICULAR EDUCATIONAL INSTITUTION, MONTESSORI OF THE CONDESA, S.C., WHO SHALL HEREIN BE REFERRED TO AS THE “PROVIDER”, REPRESENTED IN THIS ACT BY C. MARÍA DEL CARMEN REBECA RAMOS MÉNDEZ GUERRERO, AND ON THE OTHER PART, THE PERSON(S) WHO EXERCISES PARENTAL POWER OR GUARDIANSHIP OVER THE STUDENT, WHO SHALL HEREIN BE REFERRED TO as "MOTHER, FATHER OR GUARDIAN”, JOINTLY REFERRED TO AS THE “PARTS”, PURSUANT TO THE FOLLOWING DECLARATIONS AND CLAUSES:
STATEMENTS
I. The PROVIDER declares, under oath of truth, through its legal representative:
1) That it is a legal entity constituted in accordance with Mexican legislation, as stated in notarial instrument number 87,188, of July 11, 1996, passed before the faith of the head of notary office number 129 of the Federal District.
2) That it is duly registered in the Federal Taxpayer Registry under the code MCO960712HL4.
3) That its main corporate purpose is the provision of comprehensive educational services at the Initial, Preschool and Primary level, and that is duly registered and recognized as an educational institution before the competent authorities, both at the Federal and State levels, in terms of the General Law of Education and the Education Law of Mexico City (hereinafter the “State Law”), for which it has the corresponding incorporation agreements: Preschool Agreement 09080401 of 08/25/2008; Primary Agreement 09980027 of 08/13/1998,
issued(s) by the corresponding Authority. In the case of Initial education, the PROVIDER complies with the applicable legal provisions to provide the service.
4) That in order to fulfill its corporate purpose, it is the owner of the educational institution called “MONTESSORI OF THE CONDESA” which, hereinafter, will be called the "SCHOOL".
II. The MOTHER, FATHER OR GUARDIAN declares, in his or her own right:
1) That your general data and that of the STUDENT are those indicated in the Registration Form, which is added hereto as Annex 1, forming an integral part of it.
2) Be of legal age, and be in full exercise of their right of parental authority or guardianship over the STUDENT.
3) That the rights and obligations inherent to parental authority or guardianship have not been revoked or suspended by any authority, therefore he has the status of legal representative of the STUDENT and, as such, has sufficient legal personality to sign this Contract, which is accredited with the birth certificate or respective legal document issued by a competent authority, from which it is clear that he is the MOTHER, FATHER or legal GUARDIAN of the STUDENT.
4) That it has its own, lawful, necessary and sufficient resources to comply with each and every one of the considerations derived from this Contract.
5) That they know and accept all of the manuals, regulations, guidelines, criteria, administrative operation guidelines, discipline and education and other regulations issued by THE PROVIDER (hereinafter “Internal Regulation”), which meet the standards sought by the MOTHER, FATHER OR GUARDIAN for the education of the STUDENT, so the peculiarity of said service constitutes the preponderant reason for its will to enter into this Contract, and that expressly recognizes and accepts that enrolling the STUDENT in the SCHOOL constitutes a voluntary act by which they are subject to all the rules and regulations. internal regulations thereof, hereby providing the MOTHER, FATHER OR GUARDIAN with all these documents physically and/or virtually, which have been read and accepted by the PARTIES at the time of signing this Contract, this document serving as acknowledgment of receipt and acceptance thereof.
III. The PARTIES jointly declare:
1) That they know, accept, ratify and recognize that all the educational services of the PROVIDER are provided under the strict modality of “Private” or “Private” Paid Educational Institution, in terms of the General Education Law and the State Law, without for this reason the legal provisions established exclusively for Public Education Institutions run by the State, including, among others, the provisions provided for in article 3 of the Political Constitution of the United Mexican States (except as provided in the section VI), as well as in article 7 and other applicable laws of the General Education Law; 7th and other applicable provisions of the State Law, which establish the Educational Service in charge of the State as a Public Service and a Constitutional Guarantee; the PARTIES recognizing that the educational services provided by the PROVIDER are not a constitutional guarantee, but rather an educational option since it is a private paid institution, not funded, sponsored or subsidized by the Mexican Government.
2) That they know, accept, ratify and recognize that by virtue of the above, the legal relationship that binds them derived from this Contract has a completely private and civil nature, regulated only by the provisions applicable to Obligations and Contracts entered into between individuals, provided for in the Civil Code for the Federal District (hereinafter the “Civil Code”), because it is an Independent Contract for the Provision of Private Educational Services, as well as those provisions applicable exclusively to Private Private Education Institutions provided for in the General Education Law and the State Law.
3) That they know, accept, ratify and recognize that, by virtue of the previous statements, the PROVIDER reserves at all times its right, as a free provider of independent services, to deny its consent for the provision of its services to any person for justified cause, either to not enroll or re-enroll a certain student, or to terminate this Contract, with the understanding that said refusal or termination will not constitute an act of discrimination against a certain applicant, student, father, mother or guardian, but will derive from the failure to comply with certain admission requirements or obligations arising under this Contract, or a previous one, with respect to a previous school year. The foregoing because, as a provider of incorporated educational services, the PROVIDER must implement the measures that are necessary for the safety and protection of its students, as well as to provide a quality educational service in accordance with the standards, principles, criteria and purposes established by the Political Constitution of the United Mexican States, the General Law of Education, the State Law and, in general, by Mexican laws and applicable international standards, so that the refusal of registration or re-enrollment will not be considered in any way as a deprivation of the guarantee of education of the student. STUDENT, since this guarantee is protected and protected by the State through the different Public Education schools, without prejudice to the FATHER, MOTHER OR GUARDIAN being able to contract the educational services of any other private institution that is part of the National and State Educational System.
4) That it is your will to enter into this Contract for the independent provision of private educational services, to regulate the scope, terms and limitations of the rights and obligations of each of the PARTIES, as well as to define the applicable jurisdiction for disputes arising from this Contract.
5) That they know and accept that the following are imperative requirements for the granting, subsistence and fulfillment of this Contract.
a. Prove with a suitable document the exercise of parental authority or guardianship to sign this contract.
b. The payment of each and every one of the considerations provided for in the Second clause of this Contract.
c. Respect at all times by the MOTHER, FATHER OR GUARDIAN and the STUDENT for the integrity and good reputation of the PROVIDER, its staff, as well as the care of the SCHOOL facilities, and compliance with the Educational Regulations and Standards, Academic Performance, Conduct and Discipline in terms of the regulations issued by the federal and state educational authorities, as well as the Internal Regulations.
d. The due provision of educational services from the PROVIDER to the STUDENT, as well as the respect of the PROVIDER and its staff to the MOTHER, FATHER OR GUARDIAN and the STUDENT.
6) That for the correct interpretation of this Contract, it will be understood as:
a. STUDENT: The minor person subject to the parental authority or guardianship of the MOTHER, FATHER OR GUARDIAN, for whose benefit the educational service contracted through this instrument is provided.
b. SCHOOL: Educational institution incorporated into the National Educational System and the State Educational System, at the preschool and primary levels, called “MONTESSORI OF THE CONDESA”. This concept encompasses, without distinction, the organizational structure of the educational institution and the educational establishment in which the incorporated educational services are provided, as well as the level of Initial education that currently does not require being incorporated.
c. GUARDIANSHIP AND CUSTODY: Legal situation in which it is determined with which person a minor will live, which may be MOTHERS, FATHERS, BOTH or a THIRD PARTY. For the purposes of this Contract, it is presumed that whoever proves to have parental authority or guardianship also has custody of the STUDENT. In the event that custody is exercised exclusively, the interested person must prove it to the PROVIDER with the judicial resolution that establishes it in order to prevent coexistence with the parent who does not have custody. Exclusive custody does not necessarily imply the extinction of the parental rights of the other ascendant (if there is one), so whoever holds parental rights, even if they do not have custody, will retain the rights recognized by the General Education Law and the State Law except for the limitations established in the judicial resolution that established exclusive custody for the other parent.
d. FATHER, MOTHER OR GUARDIAN: The person of legal age who exercises parental authority or guardianship over the STUDENT. In the event that both the father and the mother exercise parental authority over the STUDENT, both may sign this Contract and will be recognized as legal representation over the STUDENT jointly or separately, so the decisions and acts carried out by either of them will be considered made by both and the obligations thus assumed will be enforceable by both.
e. Inform the other parent of the content of this Contract and the obligations that fall on the MOTHER, FATHER OR GUARDIAN of the STUDENT, which must be fulfilled in order to exercise the rights provided for in this Contract. The foregoing in the event that both parents exercise parental authority over the STUDENT, but only one of them signs this Contract.
f. PATRIAL AUTHORITY: Set of rights, powers and obligations that the Civil Code attributes to parents and, failing that, to grandparents for the custody of the person and property of their non-emancipated minor descendants. For the purposes of this Contract, the father and/or mother will prove the exercise of parental authority with the STUDENT's birth certificate, or with the respective judicial resolution in the case of adoption. The grandparent(s) will accredit the exercise of the country power with the respective resolution in case of absence of both parents.
g. CONTINUE: Set of rights, powers and obligations that the Civil Code attributes to a specific person for the custody of the person and property of a non-emancipated minor in the absence of any person exercising parental authority. For the purposes of this Contract, the guardian will accredit the exercise of guardianship with the judicial resolution that appoints him.
By virtue of the foregoing, the contracting parties undertake the following:
CLAUSES
FIRST. OBJECT OF THE CONTRACT. CONTRACTING OF EDUCATIONAL SERVICES. The MOTHER, FATHER OR GUARDIAN hereby contracts the educational services provided by the PROVIDER, who accepts said contracting in favor of the STUDENT, as a stipulation in favor of a third party, within the SCHOOL, in some other alternative facility that the PROVIDER determines, or in virtual spaces, under the Study Plan with authorization or recognition of official validity of studies or in accordance with the existing guidelines established by the educational authority for the Grade and by the School Cycle established in the Annex 1, strictly under the PROVIDER's own specifications and standards of quality and discipline, which have been fully read and explained to the MOTHER, FATHER OR GUARDIAN, who fully accept them, including all the provisions contained in this Contract and in the Internal Regulations.
SECOND. COMPENSATION. The MOTHER, FATHER OR GUARDIAN will promptly and obligatorily pay the compensation indicated in this clause, the amounts of which will be those corresponding to the respective School Cycle, with the MOTHER, FATHER OR GUARDIAN accepting that said fees, concepts, deadlines and payment terms are not subject to further negotiation and will remain in force solely and exclusively during the validity of this Contract, which is for the Grade and School Cycle established in the Annex 1.
The mandatory considerations to be paid are the following:
1) Registration or re-registration, as appropriate.
2) Tuition fees (11 months).
The PROVIDER will have the right to offset, at any time, any amount that must be reimbursed to the MOTHER, FATHER OR GUARDIAN, in the event that they have any debt with the former.
The PROVIDER undertakes not to increase the amounts and concepts mentioned in this Clause during the validity of the School Year, unless there is an increase in the Consumer Price Index greater than 10% (ten percent) during the School Year corresponding, or a cause of force majeure or fortuitous event. Likewise, the PROVIDER may increase the number of monthly payments originally planned, in the event that the educational authority extends the duration of the school year indicated in the Annex 1.
The PROVIDER may, in cases of fortuitous event or force majeure, make the discounts that it determines freely and unilaterally, or grant other types of facilities for the payment of considerations to the MOTHER, FATHER OR GUARDIAN, without requiring their consent or approval regarding the conditions of such discounts or facilities, regardless of whether the classes are given totally or partially, as well as whether they are given in person or virtually or hybrid.
3) The PROVIDER requires for the knowledge of the MOTHER, FATHER OR GUARDIAN, the following payment schedule and its mechanics:
a) New entry registration: is carried out in an exhibition, at the time of signing this Contract.
b) Re-enrollment: it is paid within the first to last day of the month of February prior to the start of the School Year, there being no tuition debts for the current school year. After this date, the PROVIDER reserves the right to use the vacant places from re-registrations not carried out in a timely manner.
c) Tuitions: The MOTHER, FATHER OR GUARDIAN is obliged to pay 11 monthly payments for tuition, starting in September and ending in July, and to cover them within the first ten calendar days of each month. Payments made after this period, up to the twentieth, incur default interest of 10%, and from the twenty-first onwards, 20%.
d) Camps and generation trips: These activities, considered mandatory, are typical of Workshop I and II (primary), and are covered by the MOTHER, FATHER OR GUARDIAN, to the company that provides the service at the time, through the PROVIDER or under the conditions established by the PROVIDER.
e) The Association of Mothers and Fathers has the right to request from the MOTHER, FATHER OR GUARDIAN a family fee by School Cycle, to cover your work plan; said amount and method of payment is stipulated by it, being also responsible for its collection and reporting the use of resources.
The PARTIES agree, recognize and accept that any delay of more than twenty calendar days in the payment of any mandatory fee (whether by this Contract or by Official Circular), will entitle the PROVIDER to immediately suspend the provision of services in favor of the STUDENT, having the full right to prevent their access to the school campus or to the PROVIDER's electronic platforms.
The PROVIDER may keep the services suspended in favor of the STUDENT, until the MOTHER, FATHER OR GUARDIAN does not completely settle all debts they have with the PROVIDER, including any amount owed for default interest. In addition to the above, the PARTIES agree that all amounts covered untimely by the MOTHER, FATHER OR GUARDIAN, for any of the concepts stated in this Clause, will be taken into account of the oldest debt, taking partial or total precedence over the debts that, due to the payment date, are more recent. The delay in payment for more than 60 (sixty) calendar days will constitute grounds for immediate termination of this Contract by the PROVIDER, without any responsibility for the latter, being consequently released from accepting the STUDENT again during the aforementioned School Year or a subsequent one, the PARTIES hereby accepting that said termination of the Contract does not constitute in any way a deprivation of the STUDENT's right to education, which is protected and protected by the State through the different Public or private Education schools that make up the National Educational System.
When, due to the concepts set forth in this Clause or due to businesses unrelated to this Contract but in which the PARTIES are involved, there are debts in favor of both the PROVIDER and the MOTHER, FATHER OR GUARDIAN, the latter express their complete and total agreement that the compensation provided for in Chapter One, Title Five of the Civil Code for the Federal District (today Mexico City) or in the equivalent provisions in the other States of the Republic be updated. Mexican.
4) The MOTHER, FATHER OR GUARDIAN agrees that any payment they make will automatically be applied to the accreditation of the oldest debt, starting to apply the surcharges, any agreed payment, overdue tuition, and finally, re-enrollment.
5) For any clarification from the MOTHER, FATHER OR GUARDIAN regarding a payment, the original receipt must be presented to the Administrative Directorate.
6) The PROVIDER does not grant discounts for early payments
7) The MOTHER, FATHER OR GUARDIAN must give notice of the STUDENT's withdrawal, for whatever reason, in writing, to the Technical Directorate that corresponds to the level, Academic and Administrative, otherwise the debts generated in the collection system will have to be covered until written notice is given (letter or email). 8) The MOTHER, FATHER OR GUARDIAN is aware that:
a) They will not obtain any discount on tuition fees due to the STUDENT's absence of any kind.
b) If the MOTHER, FATHER OR GUARDIAN cancels the STUDENT, or the STUDENT is expelled by the PROVIDER, only the amount of tuition paid, if applicable, in advance, for months not taken, will be returned. In assistance for a fraction of a month, payment for the entire month corresponds. Registration/re-registration payment will not be refunded.
c) If the MOTHER, FATHER OR GUARDIAN withdraws the STUDENT from the Institution, THE PROVIDER is obliged to return the original official documentation delivered, as well as that generated so far by the Ministry of Public Education, with prior approval from the authorities.
9) The signatory(s) of this Contract undertake to personally receive the official documentation. The PROVIDER will not be obliged to deliver said documentation to other people
THIRD. RIGHTS OF THE STUDENT AND THE FATHER, MOTHER OR TUTOR. The STUDENT and the MOTHER, FATHER OR GUARDIAN will have the right to:
1) That the STUDENT receives a quality education in accordance with the principles, specifications and standards contained in the General Education Law, the State Law, the Internal Regulations and other applicable regulations.
2) That the STUDENT participates in all educational, pedagogical, scientific, cultural, technological, social, sports, recreational and other activities carried out by the PROVIDER and that are part of the official school activities, as long as they are up to date with their payments and compliance with their obligations contracted in this Contract.
3) That the STUDENT may participate, upon registration and corresponding payment, in all educational, pedagogical, scientific, cultural, technological, social, sports, recreational and other activities that, outside of school, are offered by the PROVIDER.
4) Obtain and know the partial and final grades of the grade and school year that the STUDENT is taking, in accordance with the general and specific regulations applicable to school accreditation and promotion issued by the educational authorities.
5) Receive the official academic documents regarding the studies carried out, as long as the STUDENT has accredited them.
6) Be listened to and attended to by the SCHOOL's management staff, by appointment, in relation to all those matters that correspond to the STUDENT's school activity, as long as the treatment is respectful and without engaging in physical or verbal violence, the PARTIES accepting the right that the PROVIDER has at all times to keep the records corresponding to the interviews or meetings held with the MOTHER, FATHER OR GUARDIAN, in the presence or absence of the STUDENT.
7) Be part of student and/or parent societies, as the case may be, and must respect at all times the legislation corresponding to said Associations, refraining at all times from intervening in any way in administrative, labor, economic or pedagogical matters of the PROVIDER, as established by the General Education Law.
8) Express your refusal in writing to the PROVIDER, with a stamped acknowledgment of receipt, if desired, so that the latter can obtain, use and publicly disseminate images in which the STUDENT and/or the MOTHER, FATHER OR GUARDIAN, their names, voice and/or image are portrayed on the occasion of the educational, cultural and social activities organized by the PROVIDER, whether in print or in digital format (such as school agendas, yearbooks, exhibitions, biennials, PROVIDER web pages, publications on social networks, journalistic notes, among other media).
9) Coordinate jointly with the SCHOOL staff to solve problems related to the STUDENT's education.
10) Be periodically informed of the status of the STUDENT's teaching/learning process with respect to the respective Grade and School Cycle, as well as about the STUDENT's training aspects, through reports and meetings. In no case will the MOTHER, FATHER OR GUARDIAN and/or the STUDENT be able to record references together, therefore the unauthorized obtaining of such records constitutes an illegal act and invalidates their subsequent legal use.
11) Express your complaints and disagreements, as well as suggestions to the members of the PROVIDER, in accordance with the provisions of this Contract and the Internal Regulations, always in a respectful manner.
12) Acquire, with the supplier designated by the PROVIDER, the uniforms and/or school materials that are required, so that the STUDENT can effectively take advantage of the different activities and/or subjects, without the PROVIDER being in any way responsible for the terms or conditions of their sale by the different suppliers. Failure to comply with the above will be considered a violation of the industrial property rights of the PROVIDER.
13) That security and surveillance protocols be applied in the SCHOOL facilities in order to guarantee the safety of the STUDENT during their stay.
14) When the MOTHER, FATHER OR GUARDIAN notifies that the STUDENT will not participate in the next School Cycle, the PROVIDER is obliged to return, if applicable, the amounts paid for registration and/or re-enrollment, in full and immediately, as long as it is notified at least 60 calendar days, before the start of the course, in the Official School Cycles (authorized by the SEP). Or, 50% if requested within one month of starting the same. There will be NO right to a refund if the request is submitted less than one month in advance or once the school year has started. For the above, the MOTHER, FATHER OR GUARDIAN must deliver to the SCHOOL Administration, on business days and hours, the written request for the return and signature of receipt of the corresponding return.
15) The STUDENT has Collective Personal Accident Insurance, which covers accidents that occur within the SCHOOL facilities or outside them, as long as they occur during school hours, both morning classes and afternoon extracurricular classes, by the PROVIDER, for which they have registered. This insurance covers up to an amount of $50,000.00 m.n. per event, refundable to the MOTHER, FATHER OR GUARDIAN, once the claim has been properly documented.
The STUDENT is the only beneficiary of the school accident insurance contracted by the PROVIDER, therefore the MOTHER, FATHER OR GUARDIAN is not the holder of any right arising from the contracting of said insurance, in such a way that they may not require more documentation or information than that strictly necessary to make the insurance coverage effective in the conditions in which it was contracted by the PROVIDER.
Likewise, the MOTHER, FATHER OR GUARDIAN recognizes that it is not possible to guarantee that there is no risk of accident that the STUDENT may suffer when carrying out their school or extracurricular activities inside or outside the facilities, as well as due to traffic accidents outside the same and its surroundings or their transfers, therefore, the MOTHER, FATHER OR GUARDIAN releases the PROVIDER from any liability due to any accident or incident in which the SCHOOL staff has not intervened.
Without prejudice to this, the PROVIDER will implement all the measures at its disposal to mitigate the risk of accidents during the school day, or during their school and extracurricular activities. QUARTER. OBLIGATIONS OF THE STUDENT AND THE MOTHER, FATHER THE TUTOR. The STUDENT and the MOTHER, FATHER OR GUARDIAN will at all times be obliged, as appropriate, to:
1) Pay punctually and in full each and every one of the mandatory fees mentioned in the Second Clause.
2) Know and accept the independent, private and particular nature of the PROVIDER, as well as its standards of quality, order, academic demands and discipline, which define its identity and educational project.
3) Pass all subjects of the corresponding grade, even those that the educational authority does not consider mandatory, but the PROVIDER deems essential.
4) Impose the content and comply with the Internal Regulations, which have been delivered to the MOTHER, FATHER OR GUARDIAN at the time of signing this Contract, this document serving as a broader receipt than is appropriate by Law, the entire content of which has been fully explained to the MOTHER, FATHER OR GUARDIAN, the latter expressing their complete acceptance of said terms, expressly declaring that they understand and accept the consequences derived from any non-compliance and committing to explain and transmit STUDENT their obligation to respect and comply with this Contract and the Internal Regulations, as well as the consequences for non-compliance.
5) Respect at all times the image and reputation of the PROVIDER and all its members, including, but not limited to, its employees, officials, advisors, counselors and other people who are part of the educational community, in any medium or form, including without limitation, any means of communication or dissemination, such as social networks, newspapers, magazines, informative notes and verbal communication, among others.
6) Respect and behave in accordance with public morality and general good customs of the United Mexican States, avoiding the use of insults, attacks, indecent acts, moral or physical violence, etc.
7) Refrain from recording, photographing, or by any digital or electronic means filming or capturing images within the facilities or events, whether of other students, interviews or appointments they have with SCHOOL Personnel, or with its Directors.
8) Refrain from carrying out or participating in any way in any type of act that constitutes psychological, cyber or physical aggression or harassment against another member of the school community, regardless of whether said actions are carried out during or outside school hours, inside or outside the SCHOOL facilities.
9) Refrain from carrying out or participating in any way in any type of act that constitutes a crime, or that is described or typified in the Federal Penal Code, or in the Penal Code for the Federal District.
10) Participate and cooperate with the SCHOOL staff in the inspection operations that, if considered necessary, may be implemented in the SCHOOL facilities for the inspection of students, backpacks, lockers and mobile devices, in accordance with the protocols issued by the PROVIDER for this purpose; as well as the use of metal detectors, anti-doping tests, and the use of animals specially trained for the detection of illicit substances, as a means of prevention to avoid the presence of weapons or illicit substances in the SCHOOL, said inspections must be carried out in an orderly, respectful, transparent and safe manner, complying at all times with the applicable laws.
11) Respect the facilities, furniture, equipment and property owned by the PROVIDER. It is the obligation of the MOTHER, FATHER OR GUARDIAN to instruct the STUDENT on the care of both the facilities and the furniture, equipment and property owned by the PROVIDER. In the event of breakdowns or damages caused by the Student to any property that is the property of the PROVIDER, the MOTHER, FATHER OR GUARDIAN assumes the full obligation to cover the PROVIDER for all expenses and costs that may have been generated by such damages.
12) The MOTHER, FATHER OR GUARDIAN must actively collaborate in the STUDENT's educational process, carrying out, but not limited to, all the actions that are necessary for the STUDENT to punctually attend all the classes and educational and pedagogical activities carried out by the PROVIDER; be interested in knowing and supporting the evolution of the STUDENT's educational process; stimulate and support the STUDENT to carry out the study tasks and activities entrusted to him/her; participate in the PROVIDER's interviews and meetings in relation to the STUDENT's educational process; inform the members of the PROVIDER of those aspects of the STUDENT's personality and circumstances that could affect or be relevant to their training and relationship with the educational community of the PROVIDER as well as with its members.
13) Attend SCHOOL on school days and always arrive on time. The PARTIES recognize that the STUDENT will not have the right to enter the SCHOOL outside the hours established for this purpose.
14) Not to intervene in the administrative, labor, operational and financial activities of the PROVIDER and respect at all times the decisions and disciplinary measures taken by the teaching and/or management staff of the SCHOOL, contributing with them to the appropriate academic training of the STUDENT.
15) In the event that the STUDENT has a special health condition, request and fill out the medical record provided by the SCHOOL staff, so that it is provided to the nursing area and, if necessary, is used to attend to cases of special needs or emergencies, and safeguard the health and integrity of the STUDENT during their stay at the SCHOOL. In the event that said medical record is not provided by the
MOTHER, FATHER OR GUARDIAN, the latter acknowledge that the PROVIDER and the SCHOOL staff will not be responsible for any incidents arising from the health condition of the STUDENT that has not been reported. The data obtained through the medical records are confidential and sensitive in nature and may only be used by the SCHOOL staff to care for the STUDENT during their stay there.
16) In any human work, it is possible that accidents typical of daily life and coexistence may occur, even when sufficient precautionary measures have been taken, so in the event that the STUDENT suffers an accident, is the victim of an event that causes physical harm, or presents signs or symptoms that indicate health problems, the MOTHER, FATHER OR GUARDIAN authorizes the PROVIDER to act as best suits the STUDENT. In the first instance, an attempt will be made to locate the MOTHER, FATHER OR GUARDIAN, to receive instructions, but if necessary the PROVIDER will do so while taking the pertinent measures, either by calling the School Doctor or transferring the child to the nearest hospital. In any case, a written report will be made for the MOTHER, FATHER OR GUARDIAN, with a copy for the PROVIDER.
The MOTHER, FATHER OR GUARDIAN is aware that it is not the PROVIDER's responsibility to administer any type of medication. In addition, School Personnel are prohibited, by order of the Ministry of Public Education, from administering medications to STUDENTs.
17) Deliver to the PROVIDER all the documents and information of the STUDENT and the MOTHER, FATHER OR GUARDIAN that is required for the adequate provision of educational services.
18) Respect the intellectual and industrial property rights of the PROVIDER, such as distinctive signs, brands, domain names, commercial notices, trade names, logos, inventions, industrial designs and copyright, for which reason they expressly undertake not to use them, exploit them, modify them, alter them or delete them, either in whole or in part, much less request or obtain, inside and outside the United Mexican States, the registration of the same or of any distinctive sign that is identical or similar in degree of confusion to all or any of the intellectual property rights of the PROVIDER.
19) Support the PROVIDER in maintaining and generating a good image of the educational services it currently provides and the values it instills in its educational community.
20) Do not hide or omit data that is relevant to the PROVIDER or that should be known to the latter.
21) Refrain from creating, being part of, integrating, disseminating or publishing in any way, including the use of instant electronic messaging applications, any information that attacks the PROVIDER, its values, its educational community and its authorities, being aware that the violation of this obligation will be immediate cause for termination of this contract, with those responsible being subject to the payment of resulting damages, without prejudice to the criminal liability that may arise.
22) From the moment of signing this document, the MOTHER, FATHER OR GUARDIAN, as well as the STUDENT, undertake to fully comply with the health protocols that the PROVIDER establishes for the benefit of the general health of the educational community, which may be different or additional to those established by the public authority.
23) Refrain from hindering the PROVIDER in the fulfillment of its obligations related to the respect and guarantee of the rights of those who exercise parental authority or guardianship over the STUDENT, such as providing information regarding the academic and/or behavioral performance of the STUDENT, even if the person who requires the information does not exercise custody and custody over the STUDENT. Information about the STUDENT or other rights will only be denied if the person requesting it has lost parental authority or guardianship, for which the MOTHER, FATHER OR GUARDIAN concerned must present the judicial resolution that accredits it.
24) Recognize and accept that the PROVIDER is NOT responsible for lost, stolen or damaged objects within the facilities, school transportation and/or during school activities that take place inside or outside of it. However, the PROVIDER will investigate any incident of this nature, without assuming any responsibility for the results of its efforts.
FIFTH. VALIDITY. This Contract will be valid solely and exclusively for the Grade and School Cycle referred to in the aforementioned Annex 1, without in any way the conclusion of the same or any other Agreement between the PARTIES, implying the acceptance or obligation of any of them for the provision of educational services of the PROVIDER for an additional period or even for the entirety of any educational level, all contracts between the PARTIES always being understood as independent only for the School Cycle and Grade that is expressly indicated in the corresponding contract and/or in its annexes, without implying in any way automatic acceptance for subsequent Cycles and Grades, under the understanding that each Grade and each School Cycle constitutes a new legal relationship independent of the previous ones that must be recorded in a new instrument.
Based on the foregoing, the PARTIES accept, recognize and ratify the full right that the PROVIDER reserves at all times, as a free provider of independent services, to deny its consent for the provision of its services to any person it considers relevant, under the principle of freedom of contract that every individual has, as long as said refusal does not constitute an act of discrimination against a certain “Applicant”, “STUDENT” or “MOTHER, FATHER OR GUARDIAN”, as said term is defined in the legislation. applicable, the MOTHER, FATHER OR GUARDIAN hereby accepting that said refusal does not constitute in any way a deprivation of the STUDENT's right to education, since said right is protected and protected by the State through the different public schools that make up the National Educational System.
In the event that, at the end of the validity of this Contract, the MOTHER, FATHER OR GUARDIAN has an interest in entering into a new contract for the subsequent school year, but the PROVIDER determines to deny his or her consent to do so, such determination will be notified in writing explaining the reasons.
If the PARTIES are interested in signing a new contract for one more School Cycle and Grade, the MOTHER, FATHER OR GUARDIAN must make the payment of the respective considerations, in a timely manner, and the PROVIDER must express their acceptance. The foregoing is subject to the condition that at the time of initiating there-registration and until the first day of the following school year, the MOTHER, FATHER OR GUARDIAN does not have any debt with the PROVIDER at the end of the current school year. Otherwise, the PROVIDER will not grant its consent for the signing of a new Contract.
For no reason, and under no circumstances, can it be understood that the PROVIDER has given its consent to enter into a new Contract for the Provision of Private Educational Services, simply because the MOTHER, FATHER OR GUARDIAN has made any payment corresponding to the registration fees or tuition fees for the following School Year. In any case, the signing of a new Contract will be necessary.
SIXTH. SPECIAL NEEDS. The MOTHER, FATHER OR GUARDIAN hereby acknowledges that the PROVIDER does not have personnel sufficiently trained for the fully specialized and comprehensive care of minors with disabilities, special needs and different abilities derived from any neurological, psychiatric, physical, motor, or any other characteristic that a minor may present, including attention deficit and hyperactivity disorders, so the PROVIDER is not obliged in any way to modify its facilities or to hire specialized personnel to care for students with such conditions, the MOTHER, FATHER OR GUARDIAN accepting that this situation and the treatment, not totally specialized that may be given, is in no way due to a type of discrimination, but rather to the objective, rational and justified criterion of the PROVIDER of recognizing their pedagogical limitations and infrastructure, equipment and furniture, since students with any of these conditions require special education by highly trained personnel in this regard, it
being strictly in the best interest of any of these students to attend a school that does have specialized personnel and with adequate facilities, in order to provide you with an excellent quality education.
Notwithstanding the foregoing, if the MOTHER, FATHER OR GUARDIAN insists on enrolling the STUDENT and the STUDENT presents any conditions such as those described in the previous paragraph, the STUDENT expressly accepts the aforementioned limitations, without there being any obligation on the PROVIDER to make adjustments, modifications or contracts beyond what is reasonable.
SEVENTH. EXTRA-CURRICULAR ACTIVITIES. The PROVIDER may offer complementary services and activities to the Study Plan, which will be voluntary. The contracting of any of said Services will obligate the MOTHER, FATHER OR GUARDIAN to pay the corresponding compensation, in the terms and deadlines established by the PROVIDER through the corresponding instruments.
All Extracurricular Activities will be governed by the Internal Regulations, specifically in the guidelines, circulars, communications or any other written means that specify the conditions and registration process for them, required age, minimum and maximum number of students, cost, day and time of the activity, responsible personnel, data of the third party service provider that must be hired, language, material and uniform required, development of the activities and location where they will be carried out.
EIGHTH. ACTIVITIES OUTSIDE THE FACILITIES OF THE SCHOOL. For the STUDENT's participation in any type of excursion or activity outside the PROVIDER's facilities, the Students must always present, as an essential and mandatory requirement, the original written or digital permission, which must be duly signed by the MOTHER, FATHER OR GUARDIAN, thus expressing their express consent for said specific activity.
For each activity outside the SCHOOL facilities, the PROVIDER will provide the MOTHER, FATHER OR GUARDIAN with the informed consent form that must be signed to authorize the STUDENT to participate in said activity. Failure to sign said form will be considered a refusal of authorization for the participation of the STUDENT in said activity, without responsibility for the PROVIDER and its staff.
For the work of the Primary STUDENT (Workshop), it will be sufficient to present a single permit that authorizes him or her to participate in the “Let's Get Out” program, with the understanding that the MOTHER, FATHER OR GUARDIAN will be notified in advance, and that the STUDENT will have the Collective Personal Accident Insurance, mentioned in Clause Three, section 15 of this Contract.
NINTH. DISCIPLINARY AND PROTECTIVE MEASURES. The PARTIES agree, recognize and accept that the PROVIDER has the power and obligation to impose disciplinary measures that it considers pertinent for the training of the STUDENT, as well as to safeguard at all times the well-being, safety and integrity of all members of the school community, with the understanding that said measures will not threaten the integrity or dignity of the STUDENT. By way of example but not limitation, the PARTIES accept as disciplinary measures for the STUDENT, in case of violation of any of the principles and standards of academic and educational excellence, or in case of non-compliance with any of the provisions of the Internal Regulations, the following:
1) Carrying out academic work for the STUDENT to reflect on the behavior committed and its consequences.
2) Written warning, which must be delivered and signed by any of the MOTHER, FATHER OR GUARDIAN. The above may be accompanied by the previous disciplinary measure.
3) Temporary suspension of the STUDENT for the period determined for each specific case by the Teaching and/or Management Staff of the PROVIDER, without said suspension implying in any way a reduction in the payment of mandatory compensation payable by the MOTHER, FATHER OR GUARDIAN. The above may be accompanied by the disciplinary measure indicated in section 1) of this clause.
4) Refusal to the option of re-enrollment for any subsequent School Year.
5) Conclusion by remote means of the educational service corresponding to the current School Year, in the terms determined by the PROVIDER, with the respective refusal of the option of re-enrollment for any subsequent School Year. 6) Definitive and immediate withdrawal of the STUDENT from the corresponding Grade and School Cycle, without the right to re-enrollment, during any stage of the corresponding School Cycle.
These sanctions will be determined by the management staff of the SCHOOL based on the seriousness of the conduct, intentionality, recidivism, damage caused, among other circumstances.
In the event of application of disciplinary measures, the MOTHER, FATHER OR GUARDIAN will have the right to request from the corresponding school authority, in writing and within the following 3 (three) business days, a request for reconsideration of the matter, stating in said document the reservations that they consider pertinent and being able to offer evidence to support their statement, always within a framework of respect for other members of the community, including the right to privacy, so evidence that will not be accepted will be accepted. violate the confidentiality of personal data of any member of the educational community.
Once the reconsideration request has been delivered, the corresponding authority will have a period of up to 20 (twenty) business days to issue its response, which will be final. The execution of any of the disciplinary measures will be suspended immediately at the time of filing of the aforementioned reconsideration appeal, and will remain suspended until the corresponding final resolution is issued. Without prejudice to the foregoing, the school authority, in cases where it is warranted, may apply protective measures that have the effect of maintaining distance between the STUDENT and any of his classmates, either within the SCHOOL or by sending the STUDENT to take his classes remotely, which will not be considered a disciplinary measure nor will consequences that affect the academic achievement of the STUDENT due to the application of said protection measures.
The PROVIDER may deny access to its facilities, as well as to any event or activity it organizes for the school community inside or outside of them, even in virtual environments, to the MOTHER, FATHER OR GUARDIAN, as well as to the STUDENT who has committed any type of aggression against any member of said community, or who for any reason represents a risk to safety and healthy coexistence.
The Internal Regulations will regulate the way in which this clause will be applied.
TENTH. ADDRESS AND NOTIFICATIONS. Any notification or notice that must be given by the PARTIES must be given in a reliable manner at the following addresses:
1. PROVIDER: Aguascalientes No. 190, Colonia Hipodromo, Cuauhtémoc, Mexico City, C.P. 06100.
2. FATHER, MOTHER OR GUARDIAN: This will be the address indicated in the Annex 1 of this Contract.
For the purposes of what is established in the previous paragraph, the PARTIES agree that the following will be understood as authentic: For notifications made by the MOTHER, FATHER OR GUARDIAN to the PROVIDER, any written notification effectively delivered to the PROVIDER, with signature and acknowledgment of receipt from the management area of the educational level in which the STUDENT is enrolled. Notifications may not be made to teaching staff, administration, security or any area other than the management of the aforementioned educational level.
For notifications made by the PROVIDER to the MOTHER, FATHER OR GUARDIAN, any notification sent by email to the email address that the MOTHER, FATHER OR GUARDIAN has indicated in the Annex 1 or, where applicable, to the email address that the PROVIDER has assigned to the MOTHER, FATHER OR GUARDIAN, or any written notification effectively delivered to the address of the MOTHER, FATHER OR GUARDIAN, whether it is stated in the document that they sign and acknowledge receipt in the terms indicated above, or that said document is delivered or deposited in the security booth or under the door of the condominium, subdivision or corresponding address,
before two witnesses of the PROVIDER, for the latter case the signature of said witnesses, and the date and description of the delivery with the capture of an image of the same, are sufficient for it to be considered reliably carried out and produce full legal effects, the MOTHER, FATHER OR GUARDIAN fully expressing their consent with this provision.
ELEVENTH. CONFIDENTIALITY. The PARTIES agree that all information, knowledge, communications and all documents that may be provided between them in connection with the Services that are the subject of this Contract, will be considered Confidential Information (the “Information”), and must be kept in the strictest secrecy and, therefore, may not be used without prior written authorization from the owner. By virtue of the above, the PROVIDER may not reveal any type of information about the MOTHER, FATHER OR GUARDIAN or the STUDENT. And the MOTHER, FATHER OR GUARDIAN may not reveal any type of information about the PROVIDER, any of its employees or members, its other Students, this Contract, or any Agreement derived from it, causes of non-compliance, dismissal, internal procedures, and/or the termination of this Agreement, under any circumstances, unless they have express written consent. In the event that the STUDENT reveals the information, the MOTHER, FATHER OR GUARDIAN will be liable for damages.
Both the PROVIDER and the MOTHER, FATHER OR GUARDIAN will be obliged at all times to safeguard and protect the good reputation of the other party to this Contract, so they must refrain under any circumstances from publicly issuing any opinion that may go against it.
The obligations provided for in this Clause include the disclosure of any type of information through any printed or electronic media or social network, letters, writings, text messages, radio, television or internet programs, handwritten, or in any other form, including verbal form; and will have full legal force during the validity of this Contract as well as during the 3 (three) years following its termination, regardless of the cause. The disclosure of information solely and exclusively to the corresponding Administrative or Judicial Authorities that are directly in charge of settling any Administrative or Judicial procedure between the PARTIES will not be understood as a violation of this Clause.
In order to safeguard the integrity and safety of all members of the Educational Community, the SCHOOL may have video recording cameras in its facilities that will be active 24 (twenty-four) hours a day. Based on the above, at all times the video recordings that the SCHOOL has must respect the provisions of this Clause and will be considered confidential information.
Any failure to comply with this obligation will give rise to immediate termination without the need for judicial declaration of this Contract, plus the payment of a conventional penalty equivalent to 50% (fifty percent) of the compensation that, for Tuition, corresponds to the school cycle and grade in which the STUDENT is enrolled.
The MOTHER, FATHER OR GUARDIAN declare that they have reviewed and accepted the content of the PROVIDER'S Privacy Notice, which they have signed together with this Contract and which is available to them on the site. mdlc.edu.mx and, in this sense, unless otherwise stated later, at this time they accept the use of their personal data and that of the students, in the terms described there.
In order to contribute to timely communication between the school community, the MOTHER, FATHER OR GUARDIAN authorizes the PROVIDER to share the telephone numbers provided in Annex A with the Parents' Association.
TWELFTH. PROTECTION OF PRIVATE LIFE, HONOR AND IMAGE. The PARTIES agree to ensure the integrity, security and tranquility of the entire school community, including students, parents, academic, service and external staff, etc.; Therefore, the use and handling of technological devices within the PROVIDER, which allow the taking of photographs, video and/or voice recording, among others, is strictly prohibited without prior written authorization from the SCHOOL Management staff. Regardless of the other sanctions that may apply in terms of this Contract, any non-compliance by a STUDENT with these provisions will result in the immediate withdrawal of said device, which will be kept under the protection of the PROVIDER, until the seriousness of the matter is confirmed, to be subsequently delivered to the MOTHER, FATHER OR GUARDIAN.
If it is the MOTHER, FATHER OR GUARDIAN who commits the offense, they may be removed from the SCHOOL facilities and may be prohibited from participating in social, cultural, sporting or academic events organized by the PROVIDER, as well as in face-to-face care within the facilities. The foregoing without impairing your right to receive information about the STUDENT's academic or behavioral performance.
THIRTEENTH. ABSENCE OF EMPLOYMENT RELATIONSHIP. The PARTIES specify that there is and will not be any employment relationship between the staff, employees and suppliers of the PROVIDER, and the MOTHER, FATHER OR GUARDIAN, as well as between the staff, employees and suppliers of the MOTHER, FATHER OR GUARDIAN and the PROVIDER, leaving the PARTIES exempt from any employer and/or labor liability with respect to said persons, with the respective contractors or employers fully assuming such responsibility.
By virtue of the foregoing, no direction or dependence is derived from the PROVIDER with the MOTHER, FATHER OR GUARDIAN, as it is
only a Contract for the provision of independent services, so no type of worker-employer relationship is generated between the PARTIES.
Each Party expressly assumes any contractual labor employment relationship with its employees and workers, and therefore, they will not have any employment relationship or obligation or responsibility with the workers of the other founded or derived from the Federal Labor Law, the Social Security Law, the Law of the Institute of the National Housing Fund for Workers or any other legal provision in force, or derived from individual or collective labor contracts.
FOURTEENTH. RESCISSION. Either of the PARTIES may request the immediate Termination of this Contract due to any type of breach by the other of any of its obligations in terms of the provisions of this Contract or the Internal Regulations, without the need for prior judicial declaration, whether it is a breach of the PROVIDER or the MOTHER, FATHER OR GUARDIAN, or derived from the conduct of the STUDENT.
The fact that the MOTHER, FATHER OR GUARDIAN loses parental authority or guardianship over the student, as applicable, will also be cause for termination of this Contract, without liability for the PROVIDER. The foregoing will not be an impediment for the person on whom parental authority or guardianship falls to sign a new Contract for the independent provision of educational services with the PROVIDER, so that the STUDENT continues to receive educational services in the school year indicated in the Annex 1.
FIFTEENTH. MODIFICATIONS. Any addition and/or modification of the conditions of this contract must be made in writing through an addendum or modifying agreement that must be signed by the PARTIES, and will form an integral part of this instrument.
SIXTEENTH. INTERPRETATION AND JURISDICTION. The PARTIES agree that any litigation, controversy, dispute, claim or disagreement resulting from, derived from or related to this Contract, its execution, breach, resolution or validity, or with the existing contractual relationship between the PROVIDER and the MOTHER, FATHER OR GUARDIAN, will be definitively resolved in accordance with the Arbitration Rules of the Arbitration Center of Mexico (CAM), by the attorney Jesús González Perales who, in this act, is designated by the PARTIES. The applicable legislation will be applicable in Mexico City, the seat of the arbitration will be Mexico City or it may be carried out online and the arbitration will be conducted in Spanish
SEVENTH. SIGNATURE. The PARTIES expressly agree that the signing of this contract may be done handwritten, in their own handwriting.
This contract is signed in Mexico City on the ___ days of the month _________of the year _______
____________________________________________________ HE PROVIDER represented by
____________________________________________________ FATHER, MOTHER OR GUARDIAN
___________________________________________________ FATHER, MOTHER OR GUARDIAN