Raising Superstars Enterprises Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at LB001, Toy Park Module No. 2504, 4th Floor, SDF, Sector III, Salt Lake, North 24 Parganas, West Bengal – 700098, India (hereinafter referred to as "Raising Superstars" or "Service Provider"), publishes these Terms and Conditions for all customers enrolling in the Prodigy Pathway Program (hereinafter referred to as the “Program”).
By enrolling in the Program, making payment, and accepting these Terms and Conditions, the individual purchasing the Program (hereinafter referred to as the “Client” or “Parent/Guardian”) agrees to be legally bound by the following terms.
Raising Superstars and the Parent are hereinafter collectively referred to as "the Parties".
RECITALS:
WHEREAS, Raising Superstars offers an early childhood development program called "Prodigy Pathway" (hereinafter "Program"), wherein trained educators (referred to as "Prodigy Coach" or "Prodigy Coaches") are sent to clients’ homes to conduct screen-free brain development activities with children aged 0–6 years;
AND WHEREAS, the Client is desirous of enrolling their child in the Program and availing the services of Raising Superstars under these Terms and Conditions;
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, and other good and valuable consideration, the Parties hereby agree as follows:
DEFINITIONS:
a) “agreement” means this service agreement, including all schedules, annexures and any amendments or addenda hereto, as executed by the parties.
b) “effective date” means the date on which this agreement is signed by the last party to do so, as set forth in the introductory clause.
c) “parent” means the individual identified in the introductory clause who engages the coach and/or service provider under this agreement for the benefit of the child, and includes the parent’s legal heirs and permitted assigns.
d) “child” means the minor identified in schedule-a whose developmental program is to be delivered by the coach pursuant to this agreement.
e) “prodigy coach” means the individual or entity engaged by raising superstars enterprises pvt. ltd. under this agreement to deliver the program, and includes any substitute or replacement coach approved in writing by the parent.
f) “program” means the “teachers-at-home: prodigy pathway” developmental curriculum and related services, as more particularly described in schedule-a attached hereto.
g) “session” means each discrete unit of in-home or virtual coaching, training, assessment or activity scheduled under the program, as detailed in schedule-a.
h) “fees” means the total monetary amount payable by the parent to raising superstars, exclusive of taxes, for delivery of the program in accordance with the terms of this agreement.
i) “taxes” means all taxes, duties, levies, imposts, charges and withholdings (including gst, service tax, value-added tax, cess and any interest, penalty or surcharge thereon) arising under applicable law in connection with the fees or any other amounts payable under this agreement.
j) “confidential information” means any and all non-public, proprietary or confidential information disclosed by one party (“disclosing party”) to the other (“receiving party”), whether orally or in writing, relating to the disclosing party’s business, operations, students, pricing, methodologies or technical processes, including all notes, analyses and derivatives thereof, but excluding information that (a) is or becomes publicly known other than through breach of this agreement by the receiving party; (b) was lawfully received from a third party without restriction; or (c) was independently developed by the receiving party.
k) “force majeure event” means any event or circumstance beyond the reasonable control of the affected party, including acts of god, epidemics, pandemics, strikes, lock-outs, wars, riots, civil commotion, terrorism, governmental actions and failure of utilities or telecommunication networks.
l) “data protection laws” means all applicable laws, regulations and rules relating to the processing, privacy, security or protection of personal data, including the information technology act, 2000, the personal data protection bill, 2023 (when in force), and any subsidiary legislation thereunder.
m) “intellectual property” means all inventions, improvements, discoveries, designs, developments, works of authorship, trade secrets, know-how, trademarks, service marks, logos, domain names, patents, copyrights and other intellectual property rights (whether registered or unregistered) that are conceived, created or developed by or on behalf of a party in connection with the program.
n) “schedules” means the descriptive and technical annexures to this agreement (including without limitation schedules a, b and c), as listed in the “schedules” clause.
o) “party” or “parties” means a party to this agreement or, collectively, all parties to this agreement.
1. Service Scope
This section outlines the scope of services provided by Raising Superstars under the Program, and the limitations of those services:
Services Provided: Raising Superstars will assign a trained Coach to conduct , home-based sessions for the Child at the Parent’s residence. The Coach will demonstrate, facilitate, and guide the Parent and Child through developmental activities focusing on various skill areas (e.g. cognitive, motor, linguistic, creative, and social skills).
Exclusions (Non-Educational Duties): The Coach’s role is strictly limited to educational and developmental activities for the Child. The Coach will not perform any form of medical or physical therapy, and will not engage in child-care tasks outside the scope of the developmental activities. For clarity, the Coach will not give massages, administer medication, bathe the Child, change the Child’s clothes, feed the Child, clean the house, cook, or perform any domestic chores. The Coach is not a nanny or nurse; their sole responsibility is to conduct the Program’s activities and guide the Parent in engaging the Child.
Caregiver Involvement: The Program is built on active involvement of the Parent or caregiver. The Coach will demonstrate and teach activities and may guide the Parent on how to practice these activities with the Child between sessions. The Parent acknowledges that consistent practice and the Parent’s own involvement are important for the Child’s development. The Parent (or an adult caregiver designated as per this Agreement) should be attentive and willing to learn the techniques to reinforce the learning outside of the coached sessions.
No Guaranteed Outcomes: The Parent understands and agrees that while the Program is designed to stimulate the Child’s development and unlock potential talents, Raising Superstars makes no guarantees or promises regarding any specific results or developmental milestones. Every child is unique, and outcomes can vary.
2. Parental Obligations
For the safety, effectiveness, and integrity of the Program, the Parent agrees to the following obligations:
Adult Supervision Required: The Parent (or at least one adult caregiver appointed by the Parent) must be present and attentive at all times during each coaching session. The designated adult should be in the same room as the Child and Coach throughout the session. Under no circumstances will the Coach conduct a session one-on-one with the Child without an adult present.
Active Participation: The Parent/caregiver is expected to remain actively engaged in the session. This includes observing the Coach’s demonstrations, assisting or interacting with the Child as guided by the Coach, and being ready to take part in certain activities if requested (for example, helping the Child with a task or responding to the Child’s cues). The Parent is responsible for the Child’s general care during the session – for instance, attending to the Child’s bathroom needs, calming the Child if they become upset, etc., so that the Coach can focus on the developmental activities.
Provide a Conducive Environment: The Parent shall ensure the session environment is quiet, safe, and clean. Distractions such as television, loud music, or unrelated phone conversations should be avoided during the session. The space should be clear of obstacles or hazards, allowing the Child and Coach to sit and move as needed for activities. The Parent will make sure all materials needed for the session (as informed by the Coach or provided in advance by Raising Superstars) are available and in good condition.
No Delegation to Domestic Help/Third Parties: The Parent shall not delegate their supervisory role or any of their obligations under this Agreement to a maid, domestic helper, minor sibling, or any person who is not a responsible adult family member. In other words, the Parent or a responsible adult guardian must personally supervise the session. It is understood that the Coach is not a babysitter or caregiver; the ultimate responsibility for the Child’s safety and behavior remains with the Parent at all times. If the Parent must briefly leave the room for an urgent matter, they should either take the Child with them or ensure another designated adult (who meets the Program’s requirements and is briefed on these terms) is present – otherwise the Coach may pause or terminate the session until the Parent returns.
Follow Program Guidelines: The Parent agrees to follow any guidelines or at-home practice recommendations provided by the Coach or Raising Superstars. This includes practicing certain activities with the Child between sessions (if suggested) and using any provided materials as instructed. The Parent should not deviate significantly from the recommended use of materials or techniques (for example, not attempting advanced activities without guidance) to ensure safety and program efficacy.
3. Coach Safety and Conduct
This section sets expectations for the Coach’s professional conduct and outlines measures for the Coach’s safety and boundaries while working in the Parent’s home:
Professional Conduct of Coach: Raising Superstars will ensure that the assigned Coach is a trained professional who has undergone background checks. The Coach will conduct themselves in a courteous and professional manner at all times. They will arrive for sessions on time, carry appropriate identification if provided by Raising Superstars, and be dressed modestly and appropriately for working with young children. The Coach will prepare for each session as per the curriculum and will focus on the Child’s developmental activities. The Coach will not engage in any activity that is outside the scope of the Program or not in compliance with this Agreement.
Right to Refuse or Terminate Session: The Coach has the right to cancel, refuse to begin, or immediately terminate a session if they encounter what they reasonably perceive to be an unsafe, unhealthy, or inappropriate environment. This includes situations such as: the absence of any adult supervisor, a location that is unhygienic or dangerously cluttered, the presence of aggressive unsupervised pets, any form of abuse or harassment (verbal or physical) directed at the Coach or the Child, or any person in the home who is intoxicated or threatening. In such cases, the Coach will inform the Parent that the session cannot proceed under the present conditions and will promptly notify Raising Superstars management of the issue. If a session is terminated due to such causes, it will be documented, and Raising Superstars reserves the right to decide how to handle the remaining sessions (for example, a session terminated due to no adult present may be considered forfeited). Resumption of services may require the Parent to rectify the issue and assure a safe environment, or services may be terminated for cause (as detailed in the Termination clause below).
No Physical Handling or Medical Duties: The Coach is not responsible for physically handling the Child or providing any medical or emergency care. The Coach will demonstrate activities and may physically assist or guide the Child’s movements only as necessary for the specific activity (and always gently and safely), but will not pick up or carry the Child around, and will not restrain the Child beyond preventing immediate harm (if, for example, the Child is about to touch something dangerous, the Coach may intervene momentarily). The Parent must not request the Coach to feed the Child, put the Child to sleep, discipline the Child (beyond verbal encouragement), or perform any health-related procedures. If the Child needs to be fed, taken to the restroom, or requires any form of physical care during the session, the Parent/caregiver must attend to those needs.
Health and Hygiene: The Parent agrees to inform Raising Superstars and the Coach of any known health conditions of the Child that might be relevant to the activities (for example, if the Child has any allergies, physical limitations, or developmental conditions that require special attention). The Coach will adhere to basic hygiene practices, such as sanitizing hands before the session or any time appropriate (especially if handling any objects the Child also handles). If the Child is visibly ill (fever, contagious infection, etc.) or injured, the Parent should reschedule the session rather than expose the Coach or hinder the Child’s comfort; likewise, if the Coach is ill, they will not conduct the session and will reschedule. Both parties agree to communicate promptly about any health concerns.
Trust and Safety: The Parent and Coach should develop a relationship of trust for the benefit of the Child’s learning. If at any point the Parent has concerns about the Coach’s conduct or the Child’s response, they should communicate these concerns to Raising Superstars (as outlined in the complaints procedure below) so that issues can be addressed, rather than waiting until they become serious.
4. Home Environment Requirements
The Parent agrees to maintain an environment that is safe, respectful, and suitable for the in-home sessions. The following conditions must be met for each session:
Safe and Hazard-Free Space: The session should take place in a clean, tidy, and safe area of the home. The floor should be dry and free of clutter or sharp objects. Any potentially dangerous household items (e.g., knives, breakables, exposed electrical sockets, wires) in the vicinity should be secured or covered. The area should have adequate lighting and ventilation. If the session involves specific setups (like a mat on the floor for activities), the Parent should arrange these as advised by the Coach.
Minimize Distractions: The environment should be quiet and free from interruptions. This means turning off televisions, loud music, or other electronic devices in the same room during the session. Other family members or visitors should not enter the session area and interrupt while the session is ongoing (except in an emergency). The Parent should also silence or avoid using their phone during the session, except if absolutely necessary, to maintain focus on the Child’s activity.
Pet Control: If the household has pets, the Parent must ensure that pets are kept under control or away from the session area during the session, unless the pet’s presence is specifically agreed to by the Coach (for instance, a calm pet that the Child is comfortable with, and that does not disrupt the session). Pets, especially dogs or cats, should not be allowed to jump on, scratch, or otherwise interfere with the Coach or Child during the activities. If a pet is aggressive or overly playful, it should be kept in a separate room for the duration of the session.
No Smoking or Substance Use: The Parent shall ensure that no person smokes tobacco or uses any intoxicating substances in the same room during the session. Ideally, the home should be smoke-free during the time of the Coach’s presence. The Coach has the right to ask for ventilation or to leave if someone is smoking or if there is a strong presence of smoke or any illicit substances. Similarly, no person present should be under the influence of alcohol or drugs during the session, as this could create an unsafe environment.
Respect and Decorum: All persons in the household must treat the Coach with courtesy and respect. The Parent is responsible for informing family members or other present individuals that a professional session is in progress. There should be no yelling, use of profanity, or any form of verbal or physical harassment directed at the Coach (or the Child) during the Coach’s visit. The Parent should also be dressed appropriately (as they would in a public setting) during sessions, considering the professional nature of the engagement.
Recording & Social Media Policy: All sessions will be audio-recorded by Raising Superstars for the purposes of curriculum fidelity, audit, coach training, and quality improvement. From time to time, Raising Superstars may request short video recordings for internal training, audit or to post in for Raising Superstars’ official Social Media channels. Such video recording will only be done with prior consent of the Parent. Parents may capture short photos or video clips (up to 20–30 seconds) during sessions for personal memories and child development reinforcement. Full-session recording (audio, video, or hidden devices) is strictly prohibited by the parents. Parents may share short clips (up to 20–30 seconds) or photos from sessions on their social media, Parents are encouraged to tag Raising Superstars when sharing. Such content must not misrepresent the session or be used for any commercial purpose.
5. Session Scheduling, Rescheduling & Cancellation Policy
The following terms govern how sessions are scheduled and what happens in cases of rescheduling, missed sessions, or cancellations. By enrolling in the Prodigy Pathway Program, the Parent commits to adhere to these scheduling policies:
Session Frequency and Duration: Upon enrollment, the Parties will agree on the weekly frequency of sessions and the approximate timing for each session (morning/afternoon/evening and days of week). The exact number and schedule of sessions will be confirmed at the start of the Program and noted in the Program materials or welcome letter.
Scheduling and Punctuality: Both Parties will endeavor to start sessions on time as per the agreed schedule. If the Coach is running late due to unforeseen circumstances (e.g., traffic), they will inform the Parent as soon as possible, and if agreeable to the Parent, still conduct the session with the lost time either made up at the end of the session or in a future session. If the Parent is not ready at the scheduled time, the Coach will wait for a reasonable period (such as up to 15 minutes). Beyond such waiting period, the Coach may consider the session a no-show by the Parent (see Missed Sessions below) and may leave, unless the delay is communicated and mutually agreed to adjust that day.
Parent-Initiated Rescheduling: If the Parent knows in advance that they need to reschedule a session, they should notify Raising Superstars or the Coach at least 24 hours in advance of the scheduled session time (except in true emergencies or sudden illnesses, where as much notice as possible should be given). With proper notice, Raising Superstars will make reasonable efforts to reschedule the session.
Missed Sessions by Parent (No-Show or Insufficient Notice): If the Parent and Child are not available at the scheduled session time without prior notice (a “no-show”), or if the Parent cancels a session with insufficient notice (less than 24 hours and not due to a bona fide emergency), the following will apply: the missed session will be deducted from the total package sessions as if it had been completed, with no make-up session or refund for that missed session. The Coach will attempt to contact the Parent at the time of the session and wait for a short grace period (about 15 minutes) as mentioned. If the Parent arrives or becomes available within that time, the session (or a shortened version of it) may proceed at the Coach’s discretion. Otherwise, the Coach will leave and report the no-show, and the session will be marked as missed. Consistent missed sessions or patterns of no-shows may be treated as a material breach of the Agreement by the Parent.
Coach-Initiated Rescheduling: If the Coach is unable to attend a session due to illness, emergency, or any other reason, the Coach or Raising Superstars will inform the Parent as soon as possible. In such cases, Raising Superstars will provide a make-up session at a time agreeable to the Parent, or assign a substitute Coach (equally qualified) to conduct the session as scheduled (with the Parent’s consent). The Parent will not lose any paid sessions due to a Coach’s inability to attend; any session the Coach misses will be rescheduled at no additional cost to the Parent.
No Refund Policy: The Program is offered as a pre-paid package for a fixed term, and the Parent understands that fees once paid are non-refundable. By signing up, the Parent is committing to utilize the sessions within the Program duration. Cancellation of the program by the Parent midway (for any reason other than a material breach by Raising Superstars) will not entitle the Parent to any refund of the unused portion of the package. The rationale for this policy is that scheduling and dedicating a Coach for the duration of the Program involves reserving resources in advance.
Commitment to Complete Sessions: The Parent agrees to make a good-faith effort to schedule and complete all sessions within theProdigy Pathway Program period. In case some sessions are deferred due to mutual rescheduling, they should ideally be completed within the original program term (or shortly thereafter with consent of Raising Superstars). The Parent cannot unilaterally decide to not utilize remaining sessions and then demand a refund for those unused sessions – such sessions will be forfeited if not used within the agreed timeframe.
Exceptional Circumstances: In the event of genuine extenuating circumstances that make it impossible for the Parent to continue with the Program (for example, a serious medical condition affecting the Child or Parent), the Parent should inform Raising Superstars in writing at the earliest. While the default policy is no refund, Raising Superstars may, at its sole discretion, evaluate such cases to either offer a pro-rated credit that could be used for other services or a deferred scheduling (postponing the remaining sessions to a later period), or in rare cases, a partial refund. Any such accommodation will be an exception, not a right, and may come with conditions (e.g., providing documentary proof of the circumstance). Unless expressly agreed by Raising Superstars in writing, the standard no-refund rule remains in effect.
One Child Per Enrollment Policy To preserve the quality, safety, and personalized nature of the Prodigy Pathway™ sessions, each enrollment is strictly limited to one child only. Sessions are designed and delivered based on the developmental needs of the enrolled child as per their age group. No other child — including siblings, cousins, visiting friends, or neighbours — is permitted to participate, or be included in the session unless they are officially enrolled and a separate slot has been purchased for them.This includes, but is not limited to: Two children of different ages sharing the same session, Parents inviting another family/friend to join, Cousins or neighbours present and participating in the activities. If such a situation arises, the Coach is authorized to pause or terminate the session immediately, and Raising Superstars may mark the session as completed without refund or reschedule. Repeated violations may lead to termination of the Program without refund. Exceptions (e.g., twins of the same age group) may be permitted with applicable sibling package fee.
6. Liability and Indemnity
This section sets out the limitations of Raising Superstars’ liability and the Parent’s agreement to take responsibility in certain cases and indemnify the Service Provider:
Child’s Safety is Parent’s Responsibility: The Parent acknowledges that they have a duty of care towards the Child during the sessions. Raising Superstars and the Coach will take reasonable precautions and care in conducting activities, but ultimate responsibility for the Child’s safety and well-being lies with the Parent/caregiver who is supervising. If the Child is injured or harmed during a session due to an unforeseen accident or due to lack of supervision or negligence by the Parent/caregiver, or due to pre-existing conditions or hazards in the home environment, Raising Superstars shall not be held liable. The Parent is expected to follow the Coach’s safety instructions; failure to do so may significantly increase risk and will release Raising Superstars from liability to the extent permitted by law.
Limitation of Liability: Except as expressly provided below, and to the maximum extent permitted by applicable law, the total liability of Raising Superstars for any claim arising out of or in connection with this Agreement or the Program (whether in contract, tort (including negligence), statute or otherwise) shall be limited to the fees actually paid by the Parent for the Program. In no event shall Raising Superstars be liable for any indirect, incidental, consequential, special or punitive damages. Notwithstanding the foregoing, nothing herein shall exclude or limit liability for (a) death or personal injury resulting from the negligence of Raising Superstars or its personnel; (b) fraud, wilful misconduct or gross negligence; or (c) any liability which cannot be excluded or limited under applicable law (including claims under the Consumer Protection Act, 2019.
No Liability for Certain Events: Raising Superstars will not be liable for any failure or delay in performance (such as a missed session or change in schedule) resulting from circumstances beyond its reasonable control, such as strikes, natural disasters, acts of God, war, epidemics/pandemics, government restrictions, or power/internet outages (force majeure events). If such an event occurs, Raising Superstars will make efforts to resume or reschedule the sessions as soon as practicable, but no penalty or liability shall attach to the Service Provider for the period of interruption.
Indemnification: The Parent agrees to indemnify and hold harmless Raising Superstars and its directors, officers, employees, Coaches, agents, and representatives from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (a) the Parent’s or caregiver’s breach of any provision of this Agreement (for example, if the Parent violates the no-recording rule and a legal issue arises, or breaches confidentiality, etc.); (b) the Parent’s negligence or willful misconduct in the course of the Program (for example, leaving the Child unattended contrary to the terms, resulting in an incident); or (c) any third-party claims arising from the Parent’s actions or the environment provided (for instance, if a visiting relative’s action during a session causes harm to the Coach and the relative makes a claim). This indemnity means the Parent will reimburse or cover Raising Superstars for any costs or losses in such situations. However, the Parent is not required to indemnify for claims or losses that are finally determined by a court of law to have resulted from the gross negligence or willful misconduct of Raising Superstars or its Coach.
Insurance: Raising Superstars may carry a basic liability insurance for its services.. The Parent acknowledges that any insurance maintained by Raising Superstars is not a personal insurance for the Child and does not eliminate the need for the Parent to supervise and ensure safety. The Parent may maintain their own health or accident insurance for the Child, and this Agreement does not cover any medical expenses that may be needed for the Child.
7. Termination of Services
This clause outlines the conditions under which either party may terminate this Agreement before the completion of the Program, and the consequences of such termination:
Termination by Raising Superstars (for Cause): Raising Superstars reserves the right to terminate the Agreement with immediate effect and cease providing further sessions if the Parent is in material breach of any of the terms of this Agreement. Material breaches include (but are not limited to): repeated failure to have an adult present at sessions, creating a persistently unsafe or hostile environment, abuse or harassment of the Coach, excessive cancellations or no-shows without valid reason, or any misuse of the Program (such as attempting to copy materials for commercial purposes). In the event of termination by Raising Superstars for the Parent’s breach or misconduct, the Parent will not be entitled to any refund of fees for unused sessions. Raising Superstars will provide notice of termination in writing, citing the reason, and the termination may be effective immediately or from a specified date.
Termination or Modification by Raising Superstars (for Convenience or Unforeseen Issues): In rare circumstances, Raising Superstars may decide to terminate the Program or a specific client’s sessions for reasons other than the Parent’s breach – for example, if the assigned Coach can no longer continue and a suitable replacement is not available, or if Raising Superstars decides to discontinue the Teachers-at-Home service in that city or area due to operational reasons. In such cases, Raising Superstars will give the Parent as much notice as reasonably possible. If the termination is not due to any fault of the Parent, Raising Superstars will refund the unused portion of the fees on a pro-rata basis (i.e., for any sessions that were paid for but not delivered) or, if the Parent agrees, provide an equivalent value of alternative services (such as access to other programs or online coaching sessions).
Effect of Termination: Upon termination of the Agreement for any reason, no further in-home sessions will take place (beyond any agreed notice period). Confidentiality and non-solicitation obligations (as detailed later in this Agreement), as well as any clauses which by their nature are meant to survive (such as indemnity and limitation of liability), shall continue to be in force even after termination. Termination shall not absolve the Parent of responsibility for any breach that occurred prior to termination. Any outstanding payments (if any, though typically the Program is pre-paid) become immediately due upon termination.
8. Code of Conduct and Safety Violations
To ensure a positive and secure experience, this clause addresses unacceptable behavior and the steps to be taken in case of serious violations by either party:
Zero Tolerance for Abuse/Harassment (by Parent or Household): Raising Superstars maintains a zero-tolerance policy for any abuse, harassment, or mistreatment of its Coaches. If the Coach is ever subjected to yelling, threats, offensive language, inappropriate propositions, or any form of physical or verbal harassment by the Parent or anyone present in the home, the Coach is empowered to immediately end the session and leave the premises for their own safety. Such incidents will be reported to Raising Superstars management. Upon verification of the incident, Raising Superstars may immediately suspend or terminate the Program for that Parent with no refund, and the incident may be reported to local authorities if warranted by the severity (e.g., physical assault). The Parent shall be liable for any harm or damage suffered by the Coach due to such misconduct.
Unsafe or Inappropriate Behavior (by Parent or Others): If any person in the home (including the Parent) is found to be engaging in behavior that endangers the Child or the Coach – for example, using illegal drugs during a session, brandishing a weapon, domestic violence occurring on the premises, or any form of illegal activity or gross misconduct – the Coach will immediately leave and report the incident. Raising Superstars reserves the right to terminate the service for cause in such scenarios. Additionally, if the Parent consistently disregards safety instructions (e.g., allowing the Child to handle dangerous objects during sessions or leaving the Child unattended), Raising Superstars will issue a warning. Repeated safety violations after a warning can also lead to termination of the Agreement for cause, as they demonstrate an inability to adhere to essential Program rules.
Coach Misconduct or Grievance: On the other hand, Raising Superstars also expects its Coaches to adhere to high standards of conduct. If the Parent observes or experiences any inappropriate behavior from the Coach – such as chronic lateness, unprofessional behavior, lack of attentiveness, use of inappropriate language, or any form of abuse or improper conduct – the Parent should immediately report such issues. In cases of minor issues (like punctuality or style differences), the Parent can discuss directly with the Coach or inform the program coordinator to resolve it. In cases of serious misconduct (e.g., the Coach harming the Child, using abusive language, or violating any terms of this Agreement), the Parent should first ensure the Child’s safety (which may include asking the Coach to leave the home) and then notify Raising Superstars right away. Raising Superstars will take prompt and appropriate action in response to a substantiated complaint against a Coach. Such action may include an internal investigation, temporary suspension of the Coach, assigning a new Coach to the Parent for the remainder of the Program, or in severe cases, termination of the Coach’s employment and reporting to the authorities (for example, if any form of child abuse is confirmed). The Parent will not be penalized for sessions missed due to a Coach’s verified misconduct – any such sessions will be rescheduled or refunded.
Complaints and Issue Resolution: Both Parties agree to communicate openly and promptly about any concerns. For any complaints or issues, the complaining party should notify the other party or Raising Superstars management as soon as possible. Parents can raise concerns or lodge formal complaints by contacting Raising Superstars customer support at Support@raisingsuperstars.in. The company will acknowledge the complaint and may ask for details or evidence (if applicable). Raising Superstars commits to addressing serious complaints in a fair and timely manner. If a resolution requires a meeting or call between the Parent, Coach, and a company representative, the Parent agrees to participate in good faith. Many issues can be resolved through clarification or minor adjustments, and both Parties will attempt such resolution before considering termination or other drastic measures. This does not limit either party’s right to terminate as described above; rather, it is an encouragement to solve problems collaboratively when possible.
Legal Action: In the unfortunate event that any incident involves illegal acts or a failure to resolve through normal channels, either party has the right to seek legal remedies. This includes Raising Superstars’ right to pursue legal action against any individual who assaults or harms a Coach or against any infringement of its rights (like intellectual property theft), and the Parent’s right to take action for any harm to the Child caused by a Coach’s willful misconduct. This Agreement provides for certain remedies and procedures, but it does not waive any rights under law to pursue criminal or civil action as appropriate. Any such action would be subject to the Governing Law and Jurisdiction clause of this Agreement.
9. Data Protection and Media Consent
This clause deals with personal data handling and any media (photos/videos) that might be captured during the Program, ensuring compliance with privacy norms:
Personal Data and Privacy: Raising Superstars will collect and use certain personal data from the Parent (and possibly the Child) such as names, contact information, the Child’s age, and notes on the Child’s progress or preferences. This information is collected to effectively deliver the Program and monitor the Child’s development. Raising Superstars is committed to protecting the privacy of this data. All personal information will be handled in accordance with applicable Indian data protection laws and Raising Superstars’ internal Privacy Policy. The Parent’s contact details may be used to communicate about schedules, feedback, or relevant program updates. Raising Superstars will not share the Parent’s or Child’s personal identifying information with any third party except: (a) as needed for service delivery (for example, the Coach obviously will have the Child’s first name and the Parent’s contact to conduct sessions; or if a scheduling app is used, minimal data might be entered there), (b) if required by law or government authority, or (c) with the explicit consent of the Parent.
Session Documentation (Internal): Coaches may keep brief written records or reports of each session (such as which activities were done and how the Child responded) to help tailor future sessions. These notes are generally kept confidential within Raising Superstars and used for internal purposes (coach supervision, program improvement, etc.). They are not considered “educational records” for public use, but the Parent may request feedback or summaries which the Coach or program manager can share verbally or in writing. Optional Media Consent (Photos/Videos for Training or Promotion): From time to time, Raising Superstars may ask for the Parent’s consent to take photographs or short video clips of the Child participating in an activity. The purpose can be twofold: (i) Training/Quality – to help train other coaches or to review the child’s progress internally; (ii) Promotional – to showcase the Program’s activities in marketing materials or on the company’s website or social media. There is no obligation for the Parent to consent to any photography or videography. The parent can also place limits, such as “photos are okay, but no videos” or “internal use is okay, but not for social media,” etc., in the consent. If at any time the Parent changes their mind, they can withdraw consent for future use by notifying Raising Superstars in writing, and the company will cease using any new media of the Child (already published materials may not be retractable, but efforts will be made to honor the request where possible).
Data Security: Raising Superstars will implement reasonable security measures to protect all personal data collected under this Program from unauthorized access or disclosure. This includes restricting access to staff who need the information for service delivery and using secure methods to store digital data. Use of Apps or Digital Tools: If the Program involves the use of any digital application or platform (for scheduling, or receiving activity instructions, etc.), the Parent agrees to the terms of use of such application. For example, if Raising Superstars uses an app where the Parent logs the Child’s practice activities, the data entered into that app is typically governed by the app’s privacy policy which Raising Superstars will make accessible. Raising Superstars will ensure any third-party tools used are reputable and align with data privacy standards.
10. Confidentiality
In the course of the Program, both Parties may become privy to certain confidential information about each other or the Program. This clause defines what is confidential and the obligations to maintain confidentiality:
Confidential Information Defined: For the purposes of this Agreement, "Confidential Information" includes any non-public or proprietary information disclosed by one party to the other in connection with the Program. For Raising Superstars, this includes the curriculum, lesson plans, techniques, training methods, any proprietary materials or tools, business strategies, pricing information, and any other information that is not generally known to the public. For the Parent, this might include personal information about the family, the Child’s health or developmental status, contact information, and any other private details shared for the purpose of the Program. Confidential Information can be in oral, written, or electronic form.
Obligation of Non-Disclosure: Both Parties agree to keep all Confidential Information strictly confidential and to use it solely for the purposes of fulfilling this Agreement. The Parent shall not share or divulge the content of the Program (for example, specific activities, methods, or materials provided) to any third party who is not authorized by Raising Superstars. This means the Parent should not publish or post details of the Program’s techniques online or share them with friends intending to use them outside the Program. Similarly, Raising Superstars (and its Coaches) will not disclose any sensitive personal information about the Parent or Child to anyone outside the company (except as allowed in the Data Protection clause or required by law).
Exclusions: The confidentiality obligations do not apply to information that: (a) is already known to the receiving party prior to disclosure, as evidenced by written records; (b) is or becomes publicly available through no wrongful act of the receiving party (for example, if Raising Superstars itself publishes certain activities on its YouTube channel, then those particular activities are not confidential); (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is required to be disclosed by law or court order. If a disclosure is required by law (for instance, if ordered by a court or demanded by a government agency), the party required to disclose (if legally permissible) will notify the other party in advance, so that party has an opportunity to seek a protective order or other appropriate remedy to prevent or limit the disclosure.
Survival: The obligations in this Confidentiality clause survive the expiration or termination of this Agreement. Even after the formal relationship ends, both Parties are expected to maintain the trust of confidentiality indefinitely (or until the information legitimately enters the public domain through no fault of the receiving party).
11. Intellectual Property Rights
This clause clarifies the ownership and permitted use of intellectual property (IP) related to the Program, especially materials and content provided by Raising Superstars:
Raising Superstars Materials: The Parent acknowledges that all content and materials provided by Raising Superstars or the Coach as part of the Program are the intellectual property of Raising Superstars (or its affiliates or licensors). This includes, but is not limited to: written materials, worksheets, flashcards, educational toys or props provided, digital content (videos, audios, slides), the design of activities, the “Prodigy Pathway” methodology, and any Raising Superstars trademarks or logos. All such materials are protected by copyright, trademark, and other applicable intellectual property laws. The Parent does not gain any ownership rights in these materials by virtue of enrolling in the Program.
Permitted Use: Raising Superstars grants the Parent and Child a limited, non-transferable, non-exclusive license to use the provided materials and content solely for the purpose of participating in the Program and for the Child’s personal development. The Parent may, for example, keep any physical flashcards or toys provided and use them with the Child at home, and may take personal notes on the activities for their own use. However, this license is only for the Parent’s personal, non-commercial use.
Restrictions on Use: The Parent agrees not to copy, reproduce, scan, record, or distribute any of the Program materials to individuals outside their immediate family or to the general public. For instance, the Parent should not upload program videos or documents to the internet, share them on social media, or otherwise disseminate the content without explicit permission. The Parent also should not attempt to reverse engineer or create derivative works based on the Program’s methodology for commercial gain. Any form of commercial use or teaching of the Raising Superstars methods to others for pay would be a breach of this Agreement and an infringement of IP rights. If the Parent is excited about the Program and wants to refer a friend, they can certainly describe their experience in general terms, but they should not hand over actual materials or try to teach the friend the proprietary methods (instead, they can refer the friend to Raising Superstars to enroll).
All training materials, curricula, lesson plans, recordings, worksheets, assessments and other content provided by Raising Superstars (the “Materials”) are the exclusive intellectual property of Raising Superstars and are licensed to the Parent for the Parent’s personal, non-commercial use in connection with the Program only. The Parent shall not copy, reproduce, distribute, transmit, publish, adapt, modify, create derivative works from, upload to public platforms, sell, commercially exploit or otherwise make the Materials available to any third party or use the Materials to train, instruct or certify third parties.
The Parent shall keep the Materials confidential and shall implement and maintain reasonable safeguards against disclosure.
If the Parent (i) hires or engages any Coach provided by Raising Superstars directly within twelve (12) months of the last session without Raising Superstars’ prior written consent, or (ii) uses, copies, or permits the use of the Materials to train or instruct third parties for any commercial purpose, then the Parent shall pay Raising Superstars Rs.2,00,000 (Rupees Two Lakh) as liquidated damages, which the Parties agree is a genuine pre-estimate of the loss likely to be suffered from such breach and not a penalty.
In addition to the liquidated damages, Raising Superstars shall be entitled to seek injunctive relief, an account of any profits earned by the Parent from the unauthorised use, removal of the offending material and any other remedies available at law or in equity.
Prior to commencing any enforcement proceedings for an alleged breach under (c), Raising Superstars will give the Parent written notice identifying the alleged breach and a 72-hour period to permanently remove or cease the unlawful use; such notice requirement shall not apply where immediate injunctive relief is necessary to prevent irreparable harm.
This clause survives termination of the Agreement.
Feedback: If the Parent provides any feedback, suggestions, or ideas to Raising Superstars for improving the Program or materials, the Parent agrees that Raising Superstars may use and implement such feedback without any obligation to the Parent. Any improvements or new materials developed (even if inspired by Parent’s feedback) will be owned by Raising Superstars.
Trademarks: Names and logos such as “Raising Superstars”, “Prodigy Pathway”, or any other product/service names used by the company are recognized as trademarks or service marks of Raising Superstars Enterprises Pvt. Ltd. The Parent does not have any license or right to use these marks, except to truthfully state that they are participating in the Raising Superstars program if needed (for example, in a school interview the Parent might mention they did a certain early development program). The Parent shall not misrepresent themselves as an agent or representative of Raising Superstars or use the company’s branding in any unauthorized manner.
12. Non-Solicitation & Non-Disparagement of Coach and Employees
Non-Solicitation:
To protect the Service Provider’s business and ensure fairness, the Parent agrees to certain restrictions on hiring or soliciting Raising Superstars staff outside the Program:
No Hiring of Coach Outside Program: The Parent agrees that during the term of this Agreement, and for a period of twelve (12) months after the conclusion or termination of the Program, they will not solicit or hire the Coach (or any Coach or employee of Raising Superstars) for any private arrangements or engagements outside of Raising Superstars. This means the Parent shall not approach the Coach to provide similar services independently (for instance, to continue coaching the Child privately or to work as a nanny/tutor for the family), and shall not induce or encourage the Coach to end their association with Raising Superstars.
No Circumvention: The Parent also agrees not to refer or introduce the Coach to other potential clients for the Coach’s independent hire, and not to obtain services from the Coach for siblings or other children except through Raising Superstars. In simple terms, all professional arrangements with any Coach introduced through Raising Superstars must go through Raising Superstars during the restriction period.
Acknowledgment: The Parent acknowledges that Raising Superstars has invested in recruiting and training its Coaches, and that Coaches may be under contractual obligations not to take on outside work with clients. A breach of this clause by the Parent could result in significant losses to Raising Superstars. Therefore, the Parent agrees that this non-solicitation provision is reasonable in scope and duration.
Remedy for Breach: If the Parent violates this non-solicitation clause and directly engages a Coach (or other staff) outside of Raising Superstars within the prohibited timeframe, it will be considered a material breach of this Agreement. Raising Superstars reserves the right to pursue appropriate remedies, which may include legal action to seek an injunction (court order) preventing further engagement, and/or a claim for damages (for example, claiming a portion of the fees paid to the Coach or other losses). Additionally, if such a breach is discovered while the Program is ongoing, Raising Superstars may immediately terminate the Program without refund as noted earlier.
Non-Disparagement:
Mutual Non-Disparagement. During the Term of this Agreement and for a period of 12 months following its termination or expiry, neither Party nor their officers, directors, employees or agents shall, whether orally or in writing and whether on social media, in public forums, to the press, or to any third party, make any false, malicious or knowingly misleading statement that disparages the other Party’s business, products, services, owners, officers or employees.
Exceptions. This clause shall not prevent either Party from (a) making truthful statements required by law or regulation, (b) filing a good-faith complaint with a government or regulatory authority, (c) participating in judicial or administrative proceedings, or (d) making truthful statements in response to a matter of public interest or whistleblowing.
Notice & Cure. Before initiating any legal remedy for an alleged breach of this clause, the complaining Party must deliver written notice identifying the allegedly disparaging statement and the URL(s) where published and provide the other Party a period of 72 hours to remove or correct the statement. If the statement is not removed or corrected within that period, the complaining Party may seek injunctive or other relief.
Remedy. The Parties agree that proven breaches of this clause may cause irreparable harm; accordingly, the non-breaching Party is entitled to seek injunctive relief. Monetary damages, if sought, shall be limited to actual provable loss and shall not exceed Rs.5,00,000/-. Nothing in this clause shall restrict any Party from exercising statutory rights or seeking redress for defamation under applicable law.
13. Governing Law and Jurisdiction
This clause specifies the legal framework that governs this Agreement and how disputes will be handled:
Governing Law: This Agreement and any dispute or claim arising from it shall be governed by the laws of India, without regard to its conflict of laws principles. The Parties agree that this Agreement is entered into in India and that Indian law is appropriate to apply given the location of services and residence of the Parties.
Jurisdiction: The Parties irrevocably agree that the courts of Mumbai shall have exclusive jurisdiction to entertain and settle any disputes or legal claims arising out of or in connection with this Agreement or the Program. In other words, if a party needs to file a lawsuit, it shall be filed in a competent court in Mumbai. Both Raising Superstars and the Parent consent to this jurisdiction and waive any objections such as inconvenience of the forum.
Dispute Resolution and Amicable Settlement: Before resorting to litigation, the Parties will, in good faith, attempt to resolve any disputes or disagreements through dialogue. The Parent is encouraged to escalate any issue to a senior representative of Raising Superstars, and both sides may consider mediation or conciliation if a resolution is not reached through direct discussions. However, if such amicable efforts fail, either party is free to seek remedies in court as per the above jurisdiction clause. (This clause does not mandate arbitration or mediation, but it encourages an attempt at a mutual resolution.)
Severability: (General legal clause) If any provision of this Agreement is found to be invalid or unenforceable under law, that provision shall be deemed modified to the minimum extent necessary to make it valid, or if not possible, deemed severed, and the remaining provisions shall continue in full force and effect. The intent of the Parties is that the Agreement’s core purpose remains enforceable even if a part is struck down.
Entire Agreement: This Agreement, along with any annexures or written addendums signed by both parties (if any), constitutes the entire understanding between Raising Superstars and the Parent regarding the Program. It supersedes any prior discussions, correspondence, or understandings (whether written or oral) relating to the subject matter. The Parent confirms that all important terms are included here, and any changes or additions to this Agreement must be agreed in writing (signed or acknowledged by both parties, which can include electronic consent if applicable).
No Waiver: If either party fails to enforce any provision of this Agreement or delays in enforcing it that shall not be considered a waiver of its rights. For example, if Raising Superstars does not immediately act on a late payment or a minor breach by the Parent, it does not mean Raising Superstars waives its right to enforce that provision later. Any waiver of rights shall be effective only if made explicitly in writing.
Amendment: No modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties. Electronic signatures shall be deemed equivalent to original signatures.
Force Majeure: Neither Party shall be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including acts of God, epidemics, government actions, strikes, or power/internet failures (“Force Majeure Event”). The affected Party shall promptly notify the other in writing, and performance shall be suspended for the duration of the Force Majeure Event.
Coach substitution: The Parent acknowledges and agrees that Raising Superstars does not guarantee the same coach for all sessions. If a coach becomes unavailable (e.g., illness, resignation, emergency, attrition or scheduling conflict), Raising Superstars may provide a suitably qualified substitute; such substitution shall not be a breach. Raising Superstars will notify the Parent promptly. If the Parent reasonably objects in writing within 7 days and Raising Superstars cannot provide an acceptable alternative within a further 7 days, the Parent’s sole remedy shall be a pro-rata refund or credit for the remaining un-delivered sessions. Nothing in this clause limits liability for gross negligence, wilful misconduct or any liability that cannot be excluded by applicable law. By accepting these Terms the Parent expressly consents to such substitutions.
Carry-forward of Deferred Sessions: The Parent may defer a scheduled session only with prior notice and Raising Superstars’ approval. Deferred sessions must be used within two (2) weeks from the date the session was originally scheduled to occur or, if later, from the date Raising Superstars approved the deferment. Any deferred session not rescheduled and used within this period will be forfeited without refund, unless Raising Superstars, in its sole discretion, agrees in writing to an extension due to exceptional circumstances (e.g., medical emergency). This carry-forward limit is intended to ensure program continuity and shall not affect any statutory rights.
Mid-Program Relocation: If the Parent relocates to a different city during the Program, sessions are non-transferable and will be forfeited unless Raising Superstars agrees otherwise in writing. No refund or credit will be given for forfeited sessions except as required by applicable law or where Raising Superstars, in its sole discretion.
IN WITNESS WHEREOF, These Terms & Conditions are accepted electronically. By clicking the checkbox labeled “I have read and agree to the Terms & Conditions” and completing payment, you (the Parent/Guardian) agree that your electronic acceptance is the legal equivalent of a handwritten signature under the Information Technology Act, 2000 and related e-sign laws. These Terms shall come into effect on the date and time of such electronic acceptance.