This agreement is effective as of August 1, 2026 (“Effective Date”) between the NYC Charter School Center (“Charter Center”) and [School Name(s) Above]. (“School”) covers the terms and conditions of the online common charter school application (“Online Application”) offered by the Charter Center that is hosted on the SchoolMint platform (“SchoolMint”). The parties hereby agree as follows:

The School is participating in the Online Application developed by the Charter Center. The Charter Center shall provide a functioning Online Application that allows parents/legal guardians to successfully submit admission applications to participating schools. The Online Application shall also encompass an administrative school interface which shall be used by the School to access and download applications it has received through the Online Application.  This is not a substitute for the paper application each School is required to have by state regulation or a substitution for any other requirement required by the school’s authorizer.  Nor is it a substitute for the statutory requirement that each School makes its application available in languages predominantly spoken in the community.  Schools can also use other application systems in conjunction with this application.

Payment

The School shall transmit payment in full to the Charter Center within 30 days of receipt of the invoice or by September 22, 2026 (one week before the public launch of the common online app). The Charter Center will not perform any services under this agreement, including launching the School’s profile on the Online Application, until the School has paid the annual program fee (See Table 1 for fees). 

Table 1.  2027–2028 Fee For Participating Schools

1 - 3 Accounts/Campuses ($951.00)

4 or more Accounts/Campuses ($936.00)

Responsibilities of the School

The School shall agree to designate a contact person who will be the main contact for all issues related to the Online Application for the recruitment season.

The School shall provide that person’s email address and phone number to the Charter Center and keep that contact information up to date. The designated contact person shall be provided with a user login to the administrative school interface of the Online Application.

The School bears all responsibility for logging on and confirming their profile is functioning (i.e. school is receiving applications) and retrieving all application data from the Online Application using the provided password-protected school interface. This includes a commitment by the school to pull and process all applicant data submitted at regular intervals after the launch of the Online Application, with a final download immediately after the School’s application deadline. The School is responsible for contacting applicants to confirm receipt of their applications, where appropriate. 

The School shall have the responsibility for ensuring that its school-specific data ("School Data") is accurate and up to date on the Online Application. This means that the School commits to logging into the school interface within fifteen (15) days of the Effective Date and completing its school profile section in its entirety. Once the Online Application is launched, the school is also responsible for confirming the school is receiving applications.

The School shall also provide the Charter Center with a list of its lottery preferences within fifteen (15) business days of the Effective Date to ensure that these preferences are included in the Online Application. The School shall only provide the Charter Center with lottery preferences that have been approved by its authorizer to use the preference in the 2027 lottery.  The Charter Center may not incorporate in the Online Application any additional preference received after fifteen (15) days from the Effective Date.

The School is responsible for verifying all information provided by the parent/guardian on the application ("Student Data").  This includes following up with applicants regarding verification of community school district, sibling or other lottery preference. The algorithm in the Online Application address lookup function will find the community school district once an applicant enters an address. However, with respect to community school district verification, the School bears all responsibility for verifying the community school district of residence for each applicant. 

The School Shall take all reasonable steps, including as required by law, to safeguard Student Data downloaded from the Online Application on the school's system. The school affirms it has procedural and electronic safeguards in place to protect the Student Data from unauthorized access and use. 

Responsibilities of the Charter Center

The Charter Center shall be responsible for overseeing the development of the Online Application and will allow parents/guardians to apply to multiple charter schools from a single website and allow the Schools to access the applications they have received.  The Charter Center is not responsible for verifying any information submitted by the parent/guardian on the Online Application. 

The Online Application will request the information listed on the New York Charter School Uniform Application promulgated by the New York State Education Department.  The Charter Center is not responsible for requesting any additional information or following any requirements required by any of the authorizers or contained within a School’s charter.

The Charter Center shall not be held responsible for the School’s failure to receive applications that were successfully submitted through the Online Application.

The Charter Center reserves the right to ask the School to withdraw from the Online Application if the School is found to be failing to meet its obligations as stated above.

Disclaimer of Warranties

The School expressly understands and agrees that the use of the services is at the School’s sole risk. The services are provided on an as-is-and-as-available basis. To the maximum extent permitted by law, the Charter Center expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. The Charter Center makes no warranty that the services will be uninterrupted, timely, secure, error-free or virus-free. Use of any material downloaded or obtained through the use of the services shall be at the School’s own discretion and risk and the School will be solely responsible for any damage to the School’s computer systems, mobile telephones, wireless devices or data that results from the use of the services of the download of any such material. The Charter Center makes no warranty, expressed or implied, about the accuracy or reliability of the SchoolMint program and data being downloaded from SchoolMint’s website or at any other website/resource to which it is linked.  The information is not guaranteed to be correct, complete or current.  The School expressly understands that the Charter Center will not have any liability whatsoever for any errors, omissions or misstatements stemming from the use of the SchoolMint program. The Charter Center makes no warranty, expressed or implied, about the accuracy or reliability of the GOAT program and data being utilized from the Department of City Planning’s website or at any other website/resource to which it is linked.  The information is not guaranteed to be correct, complete or current.  The School expressly understands that the Charter Center will not have any liability whatsoever for any errors, omissions or misstatements stemming from the use of the GOAT program and/or dataset from the Department of City Planning. No advice or information, whether written or oral, obtained by the School from the Charter Center, its officers, its employees or representatives shall create any warranty not expressly stated in the terms. 

Indemnification by the School

The School shall defend, indemnify and hold the Charter Center harmless: (i) for any loss, damage or liability incurred in connection with Claims made against the Charter Center by a third party arising from a breach of this Agreement by the School’s employees and Authorized Parties that resulted in the unauthorized disclosure of the Students Data, (ii) against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with Claims made or brought against the Charter Center by a third party alleging that the School Data infringes the rights of, or has caused harm to a third party; or (ii) against any loss, damage or costs (including reasonable attorneys' fees) incurred in connection with a claim made by a third party arising from the School's or its employees’ use of the Service in breach of this Agreement. The Charter Center shall: (a) promptly give written notice of the Claim to the School; (b) give the School sole control of the defense and settlement of the Claim (provided that the School may not settle or defend any Claim unless it unconditionally releases the Charter Center of all liability); and (c) provide to the School, at the School's cost, all reasonable assistance. 

Exclusion of Damages

Except with respect to the School’s indemnification obligations, breach of confidentiality or willful misconduct, in no event shall either party have any liability to the other party for any lost profits or for any indirect, special, incidental, use, cost or procurement of substitute goods or services, punitive or consequential damages, however, cause and, whether in contract, tort or otherwise, arising out of, or in any way connected with the service, including but not limited to the use or inability to use the service, any interruption, inaccuracy, error or omission, even if the party from which damages are being sought or such party’s licensors have been previously advised of the possibility of such damages. Neither party will be liable for losses or damages due to situations resulting from force majeure.   

Term and Termination

This agreement shall remain in effect from August 1, 2026 through September 30, 2027. If at any time during the term of this agreement the School’s charter is revoked, terminated, surrendered or the School is notified that its authorizer decides not to renew the charter, the school must notify the Charter Center and the school will be removed from the Online Application.  Additionally, the Charter Center reserves the right to indicate on the Online Application that the school has been recommended for closure or nonrenewal by the authorizer staff and before the authorizer finalizes the decision.  The following sections shall survive expiration or termination of this agreement:  Payment, Disclaimer of Warranties, Indemnification by the School, Exclusion of Damages, Term, and Termination.