XGEN ACADEMY PARTICIPATION AND LIABILITY AGREEMENT

Parties

This Agreement is entered into between XGen Academy, a division of Circle M Tire and Automotive, located at 10120 Rosedale Hwy, Kern County, California 93312 (hereinafter “XGen Academy” or “We”), and the undersigned Participant (or Parent/Guardian if Participant is under 18) (hereinafter “You” or “Participant”).

Recitals

WHEREAS, XGen Academy provides automotive and diesel repair training using the Aivrbayrh™ platform to prepare participants as technical specialists;

WHEREAS, the programs involve inherent risks mitigated by safety protocols;

WHEREAS, XGen Academy offers scholarships to support committed participants;

WHEREAS, Participant wishes to enroll and agrees to these terms;

NOW, THEREFORE, the parties agree as follows:

1. General Terms of Enrollment

   1. Program Description: Participant enrolls in a 8 to 16-week program starting August 18, 2025, post-orientation on August 1, 2025. Applications were due August 5, 2025, with 12 scholarships announced August 7, 2025.
   2. Conduct and Expectations: Participant must maintain 90% attendance (95% for Scholarship Recipients), achieve 80% passing grades, and follow safety and ethical guidelines. Violations may lead to dismissal with prorated refund consideration.
   3. Fees and Payments: A $50 deposit is required (waived for scholarships), with full fees detailed separately. Refunds are available within the first week, minus a $25 administrative fee.
   4. Health and Safety: Participant must disclose medical conditions and use provided PPE, following all safety instructions.

2. Liability Acknowledgment and Limited Release

   2. Acknowledgment of Risks: Participant recognizes that automotive training involves risks (e.g., tool use, chemical exposure, physical strain), which XGen Academy mitigates through certified instructors and safety measures.
   3. Limited Release: Participant agrees to assume responsibility for risks inherent in participation and releases XGen Academy, its owners (including Chris Machado), instructors, and affiliates from liability for ordinary negligence to the extent permitted by California Civil Code §1668. This release does not apply to gross negligence, willful misconduct, or violations of law. Participant retains the right to pursue claims for intentional harm or statutory violations.
   4. Insurance: XGen Academy holds general liability insurance (Policy #WS657045, Northfield Insurance Company, effective August 1, 2025). Personal insurance is recommended, as coverage limits apply.
   5. Personal Property: XGen is not liable for lost or damaged personal items.

3. Scholarship Commitment (For Scholarship Recipients Only)

   3. Scholarship Award: Congratulations on your $10,000 tuition scholarship, announced August 7, 2025—a testament to your potential!
   4. Commitment Terms: Scholarship Recipients agree to:
      • Maintain 95% attendance and 80% grades, with support provided for challenges.
      • Complete the program; early withdrawal for valid reasons (e.g., medical, with documentation) waives repayment.
      • Mentor future cohorts in two Reality Hub sessions and share one testimonial.
      • Pursue ASE certification within 6 months and provide job feedback.

4. Governing Law and Miscellaneous

   4. Governing Law: This Agreement is governed by California law, with disputes resolved in Kern County courts.
   5. Severability: Invalid provisions do not affect the remainder.
   6. Entire Agreement: This is the full agreement, amendable only in writing.
   7. Legal Disclaimer: This is a template. XGen Academy recommends consulting a California attorney to ensure it meets your needs. We are not providing legal advice.

By signing, I affirm I am 18 or have Parent/Guardian consent, have read and understand this Agreement, and enter it voluntarily.