Terms of service

1. Who we are and accepting these terms

These Terms of Service ("Terms") are a binding agreement between you and Focused Play Co ("Focused Play Co," "we," "us"). By visiting this website, creating an account, licensing curriculum, using the registration system, or registering a child through it, you agree to these Terms. If you act for an organization, you confirm you have authority to bind it, and "you" includes that organization.

If you do not agree, do not use the website or services. A signed license agreement, where one exists, also applies; if it conflicts with these Terms, the signed agreement controls for that topic.

2. Definitions

"Licensee" means an organization holding a paid curriculum license. "Organizer" means any organization using the registration system, whether or not it is a Licensee. "Family" or "Parent" means a parent or guardian who creates an account to register a child. "Participant" means any child or person taking part in a program. "Staff" means anyone who works or volunteers for a Licensee or Organizer, including facilitators, coaches, counselors and maintenance workers. "Services" means the website, curriculum, training, registration system, and any related materials or support.

3. Service area

Focused Play Co does not sell, license, or provide its curriculum, multi-location plans, or registration services for locations in New York and Washington. Inquiries and orders for locations in these states will not be accepted.

A franchisor operating in New York that holds a valid Focused Play Co license for locations outside New York may sublicense the licensed materials to its own franchisees. That franchisor is solely responsible for meeting all applicable franchise laws and regulations, including any registration, disclosure, and filing requirements. Focused Play Co is not a party to those franchise relationships.

4. Curriculum licenses

Curriculum licenses are granted per location and per 12-month term for the systems purchased. Licenses billed monthly are a 12-month commitment, and the full annual amount is owed whether or not the license is used for the full term. Add-on systems are $2,500 per year each. Using the registration system does not grant any curriculum license.

Licensees run programs under their own brand and set their own prices. The license is limited, non-exclusive and non-transferable. You may not reproduce, reuse, resell or redistribute the curriculum except to deliver programs at licensed locations during an active license, and all use must stop when the license ends.

This is a limited content, intellectual-property and software license, not an intended franchise, partnership, joint venture, agency or employment relationship. Licensees and Organizers are independent businesses, operate under their own business names and tax identification numbers, set their own prices, and bear their own operating costs and taxes. They may not bind or make promises on behalf of Focused Play Co. This description does not override applicable franchise laws or determine legal classification; each party must comply with laws that apply to the actual relationship.

On reasonable notice, Licensees must provide accurate location lists and relevant schedules, flyers, listings and license-use records so Focused Play Co can verify authorized locations and use of licensed materials. We may review publicly available marketing without notice and request a reasonable remote review of relevant business records. Do not provide children’s information or unrelated confidential records; redact them. Verification does not constitute safety inspection, operational supervision or approval. Confirmed use at unauthorized locations requires payment of the unpaid license fees for the actual period and scope of use under the applicable published pricing, crediting fees already paid, plus reasonable documented verification costs where legally recoverable. Payment is not a penalty, does not retroactively authorize use, and never permits excluded-state operations.

We may suspend a license immediately if we reasonably believe programs are being delivered below the curriculum’s standards, unsafely, or in breach of these Terms. A suspension lasts until a member of Focused Play Co leadership completes a formal review. Fees already paid are not refunded during a suspension caused by your breach.

5. You are responsible for your programs

Licensees and Organizers alone operate, staff, supervise and insure their programs. You are solely responsible for hiring, screening and background checks; staff-to-participant ratios; supervision; facility and field safety; weather decisions; first aid and emergency plans; medication, allergy and medical needs; pickup and release of children; transportation; and following all laws, licensing rules and regulations that apply to you.

You are responsible for collecting signed participation waivers and medical and photo consents from each Participant’s parent or guardian. Waiver templates we provide are samples only; have your own lawyer review them for your state.

Before any Staff member, volunteer or contractor has contact with children, Licensees and Organizers must complete lawful national criminal background screening, applicable state child-abuse registry screening, and state and national sex-offender registry checks, and any fingerprinting, rescreening or other checks required locally. They must obtain required consents, comply with employment and privacy laws, document screening, and prohibit access by anyone disqualified by law or whose screening indicates an unresolved child-safety risk. Staff must follow applicable mandatory child-abuse reporting laws. Failure to meet these requirements is a material breach allowing immediate suspension or termination; Focused Play Co does not perform or certify these checks.

Focused Play Co does not supervise, staff, attend, inspect or control any program, facility, Participant or Staff member. Curriculum, ratios, safety notes and suggestions are guidance only and do not replace your own judgment, training and local requirements.

6. Physical activity and assumption of risk

Our activities involve running, jumping, climbing, tagging, throwing, catching, foam-tipped archery, inflatable equipment, ball games, dance, RC cars, drones, electronics and similar play. These carry inherent risks that cannot be removed entirely, including sprains, broken bones, concussions, eye injuries, cuts, burns, heat illness, allergic reactions, illness and, in rare cases, serious injury or death.

Licensees and Organizers knowingly and voluntarily assume all of these risks for their programs, Participants and Staff. This includes injuries to children while taking part in any activity, and injuries to Staff while instructing, demonstrating, refereeing, setting up, inflating, moving, storing, cleaning, repairing or servicing any equipment, whether or not that equipment was required by, recommended by or obtained through Focused Play Co.

To the fullest extent permitted by law, you release the Focused Play Parties from all claims for injury, illness, death, or property damage arising from any program, activity or equipment, including claims based on negligence, other than gross negligence or willful misconduct where the law does not allow that to be released.

An organization cannot waive a child’s, parent’s or Staff member’s independent legal rights merely by accepting these Terms. Obtain separate, legally valid participant and Staff agreements where appropriate. Nothing here excludes liability that applicable law prohibits excluding, including nonwaivable duties relating to children, product liability, gross negligence or willful misconduct.

7. Equipment

Licenses for Sports & Games Madness require purchase of the giant inflatable ga-ga ball pit, foam-tipped archery set, and 9 Square in the Air. Other programs list required and optional equipment in their guides.

All equipment is designed and made by third parties. Focused Play Co does not manufacture, inspect, test, install or warrant any equipment and is not responsible for defects, recalls, wear, misuse or failure. You must follow each manufacturer’s instructions, age ratings and weight limits; inspect equipment before every use; anchor and supervise inflatables; use eye protection where called for; and remove damaged equipment from use immediately.

Your only remedy for equipment problems is the manufacturer’s or seller’s warranty, return policy or protection plan (for example, the Amazon protection plan required for RC equipment).

8. Staff training and certification

Two Focused Play Co modules, always free: Curriculum & Revenue Setup is required for the facility lead. Every facilitator must complete Facilitating the Experience before leading a program. Curriculum includes suggested staffing ratios; follow your local requirements too.

Completing Focused Play Co training or any optional certification does not mean Focused Play Co has vetted, approved, employs or vouches for any person. You remain fully responsible for your Staff’s qualifications, conduct and supervision.

9. Registration system

The registration system is free to set up and use. A platform fee of 5% per transaction applies (2% for organizations with an active curriculum license), plus card processing fees. Organizers choose whether to absorb fees or pass them on to families. Fees may change with 30 days’ notice.

Focused Play Co provides software only. We are not a party to any registration, sale or agreement between an Organizer and a Family. Organizers are solely responsible for their listings, descriptions, dates, prices, capacity, waitlists, discounts, waivers, questions, refunds, cancellations, communications and the accuracy of everything they publish. Families should direct all questions, complaints and refund requests to the Organizer.

Each organization receives a storage allowance and usage limits (for example, listings, contacts, locations and file sizes) to keep the system fast for everyone. We may limit, pause or remove content or accounts that exceed limits, overload the system, or break these Terms.

Previews, sample listings and demo pages are illustrations only and are not offers of real programs.

10. Payments and Stripe

Online payments are processed by Stripe, Inc. and its affiliates, not by Focused Play Co. By connecting a payment account or paying through the Services, you agree to Stripe’s own terms, including the Stripe Connected Account Agreement and Stripe Services Agreement, which govern your relationship with Stripe.

Focused Play Co does not hold Organizer funds and is not a bank, money transmitter or payment processor. We are not responsible for Stripe outages, errors, verification decisions, holds, reserves, payout delays or schedules, currency or tax issues, chargebacks, disputes, fraud, or account closures. Organizers are responsible for their own taxes, refunds and chargebacks, including our platform fee where a refund or chargeback occurs.

11. Hosting and third-party services

The Services rely on outside providers, including Lovable (website hosting and application platform) and its infrastructure partners, Stripe (payments), email delivery providers, mapping services and others. Their services are governed by their own terms, and we do not control them.

Focused Play Co is not responsible for downtime, slowdowns, data loss or corruption, security incidents, email delivery failures, changes or discontinuation by any third-party provider. We do not promise that the Services will be uninterrupted, error-free or always available. Organizers should regularly export and keep their own copies of rosters, waivers, reports and other important records.

12. Accounts and acceptable use

You must provide accurate information, keep your password secure, and are responsible for everything done under your account and by anyone you invite to your team. Tell us right away if you suspect unauthorized access.

You may not use the Services for anything illegal, harmful, deceptive or discriminatory; upload malware or content you do not have rights to; scrape, copy or resell the Services; attempt to bypass security, fees, limits or access controls; or overload or disrupt the system.

13. Families and children’s information

Children’s information is entered by their parents or guardians, or by Organizers, never by children. Organizers are responsible for collecting proper consent and for handling Participant and Family information lawfully, including under the Children’s Online Privacy Protection Act (COPPA) and state privacy laws where they apply, and for only using it to run their programs.

Families contract with the Organizer, not with Focused Play Co, for any program they register for.

14. Intellectual property and image rights

Focused Play Co and The Recreation Academy own all curriculum, guides, program names, emblems, logos, photos, videos and website content. Photos of children on this site are used with rights held by their owner and may not be copied or reused.

You may not use our names, logos, program names or likeness unless you hold an active license, and only as that license allows. Using them without an active license, or delivering programs below the curriculum’s standards under our names, makes you liable for resulting damages. You keep ownership of content you upload and give us permission to host and display it to run the Services.

You may not create, sell, distribute or use unauthorized derivative works of protected curriculum, guides, activity templates or licensed assets, including repackaging them as your own curriculum. During an active license, only adaptations expressly permitted by the license or approved in writing are allowed. This restriction does not claim ownership of general ideas, unprotectable methods, independently created work or rights the law cannot restrict.

15. Disclaimer of warranties

The Services, curriculum, training, equipment guidance and all content are provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, safety or results. Revenue figures and outcomes shared on this site are based on The Recreation Academy’s own locations; results vary and are not guaranteed.

16. Limitation of liability

To the fullest extent permitted by law, the Focused Play Co, The Recreation Academy, and their owners, officers, employees, contractors, affiliates and service providers (together, the "Focused Play Parties") will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, registrations, data or goodwill, however caused.

Our total combined liability for all claims relating to the Services is limited to the amount you paid Focused Play Co in the 12 months before the event giving rise to the claim, or US$100 if you paid nothing (for example, Families and free registration users). These limits apply even if a remedy fails of its essential purpose.

17. Indemnification

You will defend, indemnify and hold harmless the Focused Play Co, The Recreation Academy, and their owners, officers, employees, contractors, affiliates and service providers (together, the "Focused Play Parties") from all claims, lawsuits, losses, damages, fines, and costs (including reasonable attorneys’ fees) arising from or related to your programs, facilities, Staff, Participants, equipment use, registrations, payments, refunds, content, your breach of these Terms, or your violation of any law or third-party right.

18. Insurance

Throughout the license term, Licensees must maintain commercial general liability coverage of at least US$1,000,000 per occurrence and US$2,000,000 aggregate, sexual abuse and molestation coverage by endorsement or separate policy covering their programs and Staff, and workers’ compensation where required by law. Policies must cover all licensed locations and activities. Focused Play Co and The Recreation Academy must be named as additional insureds for liability arising from the Licensee’s operations under the general liability policy, supported by the actual endorsement, not just a certificate. Upload current proof and endorsements and provide them on request; missing or expired coverage permits suspension.

Licensees must arrange insurer notice of cancellation or material reduction at least 30 days in advance where available. If an insurer cannot provide that notice, the Licensee must notify Focused Play Co promptly upon learning of the change and, whenever within its control, at least 30 days before it takes effect. Coverage must not lapse; applicable insurer notice rules remain controlling. Registration-only Organizers are strongly advised to maintain equivalent coverage; this insurance mandate applies to curriculum Licensees.

19. Termination

You may stop using the Services at any time; license fees for a committed term remain owed. We may suspend or end your access if you break these Terms, create risk for others, or fail to pay. Sections covering fees owed, responsibility for programs, assumption of risk, equipment, intellectual property, disclaimers, limitation of liability, indemnification and disputes survive termination.

Immediately on expiration or termination, stop using the licensed curriculum and remove licensed names, logos, emblems and claims of affiliation from websites, social media, listings, signs and marketing. Within 10 calendar days, permanently delete or destroy downloaded curriculum PDFs, activity cards, photos, marketing assets and copies held by your Staff or contractors, and certify compliance on request. Copies required by law or preserved for a legal proceeding may be retained securely solely for that purpose, not for program delivery; inaccessible routine backups may remain until ordinary deletion but may not be restored for use. Keep signed agreements and your own participant records as required by law.

20. Disputes and governing law

Before filing a claim, contact us and attempt informal resolution for at least 30 days, unless urgent injunctive relief or a filing deadline requires earlier action. To the extent permitted by law, claims must be brought individually and not as part of a class or representative action; nonwaivable rights remain unaffected.

These Terms and curriculum licenses are governed by Missouri law, without regard to conflict-of-law rules, except where mandatory law requires otherwise. To the fullest extent permitted by law, disputes must be brought exclusively in the state courts located in St. Charles County, Missouri, or, when federal subject-matter jurisdiction exists, the United States District Court for the Eastern District of Missouri. Each party consents to personal jurisdiction in those courts and waives objections based on venue or inconvenient forum. This clause does not create federal jurisdiction or eliminate nonwaivable consumer rights or statutory venues. No mandatory arbitration is imposed.

To the extent permitted by law, the prevailing party in an action to enforce these Terms or a curriculum license may recover reasonable attorneys’ fees, court costs and reasonable collection expenses awarded by the court. Recovery includes enforcement of payment, intellectual-property and venue provisions; no double recovery is allowed. Nonwaivable consumer protections and statutory fee rules remain controlling.

21. Changes, severability and contact

We may update these Terms. The "Last updated" date shows the latest version; continuing to use the Services after changes take effect means you accept them. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent allowed and the rest stays in effect. These Terms, together with any signed license agreement, are the entire agreement on this subject. Our failure to enforce a provision is not a waiver.

Questions about these Terms: robert@therecreationacademy.com.