OPT OUT

STUDENT ENROLLMENT CONTRACT

**This is a legally binding contract.  Please read it carefully.** 

This  STUDENT ENROLLMENT CONTRACT (this “Contract”) is made and entered into on _____________________________, by and between the undersigned parent(s) or legal guardian(s), hereinafter referred to as the “Parent” (which includes the singular or plural, as applicable) of _______________________ [insert student name] (hereinafter referred to as the “Student”) and OPT OUT LEARNING CENTER (hereinafter referred to as “Opt Out”).  

The parties to this Contract agree as follows:  

  1. ENROLLMENT

    1. Enrollment of Student In exchange for Parent’s agreement to pay the Tuition discussed below, Student is hereby enrolled as a student with Opt Out for the 2025-2026 academic year. Nothing in this agreement guarantees the Student a position as a student with Opt Out in any other academic year.  

    2. Accreditation Parent understands that Opt Out is a nonpublic school that is not currently accredited by the Montana Board of Public Education. 

  2. TUITION AND FEES

  1. Deposit.  Upon signing this Contract, Parent will pay Opt Out a non-refundable tuition deposit of $1,500. 

  2. Remaining Tuition.  Parent will pay the remaining Tuition in two (2) installments, as follows (unless monthly payments have been granted):

Payment 1 Due on or before August 1, 2025

Payment 2 Due on or before November 1, 2025

Payment 3 Due on or before February 1, 2026

  1. Additional Costs: In addition to Tuition, parents agree to pay for incidental costs incurred by Opt Out from time to time and allocable to student(s) (including, for example, for travel expenses, field trips, books, and special activities). 

 

  1. PARENT SUPPORT AND BEHAVIOR 

    1. Parent Support.  Parent understands and agrees that Student’s continued enrollment with Opt Out is conditioned on Parent’s support of Student’s education with Opt Out, including: (a) Parent’s support of Opt Out’s objectives, methodology, policies, rules and standards of conduct, (b) Parent’s monitoring and encouragement of Student’s education, and (c) Parent’s regular communication with Opt Out and Student’s teacher(s), including attendance of mandatory parent-teacher meetings.

    2. Parent Participation.  Parent agrees to commit no fewer than 2 events during the academic year to volunteering in the classroom or in out-of-classroom settings (such as field trips or other special events) to chaperone, assist with and/or participate in the education of Student and Opt Out’s other students, subject to approval and scheduling by Opt Out in its discretion.  Opt Out reserves the right to dismiss, restrict or otherwise condition Parent’s participation or presence in the classroom or in out-of-classroom activities if Parent’s communications or behavior at Opt Out or in the greater community are disruptive, intimidating, overly aggressive or otherwise suggest to Opt Out, in its reasonable discretion, that Parent’s presence or participation might disrupt the safety, education or well being of Opt Out’s students. 

    3. Parent/Family Disputes.  In the event Parents are involved in a domestic or family dispute, including, but not limited to, a marital dissolution, guardianship, custody, or other legal proceeding in connection with which Opt Out’s participation is required or requested by any party, Parent agrees to reimburse Opt Out for any costs, including reasonable attorney’s fees and costs, incurred by Opt Out in connection with preparing for, responding to, and participating in such dispute. Any dispute between Parents as to the division of Tuition and other amounts owed under this Contract will be resolved between the Parents, and notwithstanding the existence or resolution of any such dispute, each Parent will remain jointly and severally liable for all amounts owed by Parent under this Contract. 

  2. STUDENT DISCIPLINE/DISMISSAL

Student’s continued enrollment and attendance with Opt Out are contingent upon Parent’s and Student’s observance of school rules (as updated by Opt Out from time to time) and Parent’s satisfaction of Parent’s obligations under this Contract. Parent understands and agrees that Opt Out has the right unilaterally to terminate Student’s enrollment and attendance with Opt Out if: (a) Parent or Student violates Opt Out’s school rules/student contract (as updated by Opt Out from time to time), (b) Opt Out determines, in its reasonable discretion, that Student’s continued enrollment or attendance would be detrimental to the health, education, safety, or well-being of Student or Opt Out’s other Students; or (c) Parent fails timely to pay Tuition or fees owed under this Contract (including late fees) within thirty (30) days of the applicable due date or fails to satisfy Parent’s other obligations under this Contract. 

If Student is dismissed pursuant to this provision, Parent understands and agrees that Opt Out will not be required to reimburse Parent for any portion of the Tuition already paid, and Parent will still be obligated to complete payment of any unpaid Tuition or fees owed under this Contract. 

  1. PARENTAL CONSENT

    1. Medical Authorization

/Release.  Parent authorizes Opt Out to provide minor medical or emergency care to Student, including the administration of Student’s prescription medications, if any.  Parent hereby releases and holds Opt Out harmless from any liability arising from the administration of such minor medical or emergency care. In the event that a licensed medical professional determines that Student requires more advanced medical or surgical care, Parent authorizes and appoints Opt Out to act as Parent for the purpose of consenting to such medical or surgical care on Parent’s behalf.  Parent hereby releases and holds Opt Out harmless from any liability arising from the provision of such medical or surgical care and agrees to reimburse Opt Out for any medical expenses incurred by Opt Out for Student. 

  1. Student Directory.  Parent consents to the inclusion of Student and Parent contact information, including name(s), address(es), phone number(s) and e-mail address(es) in a student directory prepared by Opt Out and made available to the parents of other Opt Out students. Parent understands that the information contained in the student directory includes personal information of Opt Out’s students and their parents, and Parent agrees not to use the information contained in the student directory for any commercial purpose or distribute such information to anyone other than other parents with students enrolled with Opt Out. 

  2. Photography/Images [select one]

[  ] Parent consents and gives permission for Opt Out to use Student’s name, photograph, image or voice in connection with Opt Out’s publications, promotional materials, website and/or social media, without compensation to Parent or Student. 

[  ] Parent does not consent or give permission for Opt Out to use Student’s name, photograph, image or voice in connection with Opt Out’s publications, promotional materials, website and/or social media, without compensation to Parent or Student.

  1. FORCE MAJEURE; CORONAVIRUS AND COVID-19

Opt Out’s obligations under this Contract will be suspended for any period during which Opt Out is closed due to any act of God, fire, acts of war or terrorism, civil or military disturbances, strikes, loss or malfunctions of utilities, communications or computer equipment, any epidemic, pandemic or other event outside of Opt Out’s control, including such an event caused by the Coronavirus or COVID-19.  In any such event, Opt Out may take reasonable steps, in its discretion, to provide remote education to its students and/or to postpone, reschedule or cancel classes or other activities. Regardless of whether such an event prevents Opt Out from reopening, Opt Out will be under no obligation to refund any portion of the tuition paid under this Contract. 

  1. GENERAL PROVISIONS

    1. Authority

Each party represents that such party has the power and authority to enter into and satisfy all of such party’s obligations under this Contract.

  1. Understanding

Parent represents that Parent has had the opportunity to review this Contract and understands each of the terms of this Contract.   

  1. Entire Agreement This Contract constitutes the entire agreement and supersedes all prior agreements and understandings, oral and written, between the parties with respect to the subject matter of this Contract.   

  2. Joint and Several Liability.  If more than one, each of the undersigned Parents agrees that he or she will be jointly and severally liable with the other for the obligations of Parent under this Contract.  Each of the undersigned Parents agrees he or she is acting as agent for the other and the other may act as agent for him or her in matters relating to this Contract.  The authority granted in the preceding sentence may be withdrawn only by written notice to the other parties to this Contract. 

  3. Time is of the Essence Time is of the essence of the terms of this Contract.   

  4. Amendment This Contract cannot be amended except pursuant to a written instrument signed by all of the parties. 

  5. Successors and Assigns This Contract will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 

  6. Waiver No provision of this Contract may be waived unless in writing signed by the party against whom enforcement of the waiver is sought, and waiver of any one provision of this Contract will not be deemed to be waiver of any other provision. 

  7. Sections and Other Headings The section and other headings contained in this Contract are for reference purposes only and will not affect the meaning or interpretation of this Contract. 

  8. Severability All provisions in this Contract are severable, and each valid and enforceable provision will remain in effect and will be binding upon the parties to this Contract, regardless of any finding by a judicial, administrative, or legislative body that other provisions of this Contract are invalid or unenforceable.

  9. Counterparts  This Contract may be executed in counterparts, and any executed counterparts will bind the parties as though all parties were signatory to the same counterpart.

  10. Attorneys’ Fees The prevailing party in any legal proceeding related to this Contract will be entitled to payment of reasonable attorney’s fees, costs, and expenses.

  11. Governing Law This agreement will be governed by, construed and enforced in accordance with the laws of the State of Montana.  The parties agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Gallatin County, Montana.

  12. Unconditional Obligation and Non-Refundability Parent understands and agrees that Parent’s obligation to pay Tuition for the full academic year under this Contract is unconditional and due in full, and all Tuition payments will be non-refundable.  Parent understands and agrees that the withdrawal one or more of Opt Out’s students after enrollment would not significantly reduce the costs to Opt Out of providing services to its remaining parents and students, and it would be extremely difficult or impossible to determine the damage to Opt Out if one or more of its enrolled students were later to withdraw from enrollment.  Accordingly, Parent will remain obligated to pay the full Tuition amount even if Student is unable or unwilling to attend or later withdraws from or is dismissed from enrollment Opt Out pursuant to this Contract.  A parent's obligation to pay Tuition under this Contract is not transferable to the account of another student or parent. 

  13.  The authority for student enrollment and disenrollment solely rests with the school board. Families entering into this agreement are legally bound to follow the stipulated procedures for disenrollment, which include:

  1. Submitting a formal complaint outlining reasons to sever the contract or disenroll.

  2. Scheduling a remedial meeting with the school board to discuss the possibility of disenrollment.

  3. Awaiting the final and binding decision of the school board.

Please contact lisa@optoutdoors.school with complaints or requests to schedule a remedial meeting.

It is imperative to note that all student absences will be duly accounted for, and any instance of truancy will be reported to the county superintendent.

This provision outlines the exclusive authority of the school board in enrollment and disenrollment matters, as well as the specific steps that must be followed for disenrollment, emphasizing the importance of attendance and consequences of truancy.

  1. Late PaymentsCollection Parent understands and agrees that Parent must pay a Late Fee of $200 for any payment of Tuition or fees that is not made within five (5) days after the due date for such payment, and if any such payment is not made within thirty (30) days after the due date, then Parent agrees to pay interest of one percent (1.00%) per month on the unpaid balance owed.  Parent also agrees to pay for Opt Out’s costs in collecting late payments owed under this Contract, including collection agency fees, attorney’s fees and court costs.


The undersigned parties have executed this Contract as of the date first written above.