Last updated: November 13, 2026
These terms apply to text messages from Ducklings Early Learning Center (“Ducklings,” “we,” or “us”). By checking the text message consent box on a form on our website, you agree to these terms.
PLEASE READ THE “ARBITRATION AND DISPUTE RESOLUTION” SECTION BELOW. IT ALLOWS EITHER PARTY TO REQUIRE INDIVIDUAL ARBITRATION OF DISPUTES AND INCLUDES A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER.
What Texts You Will Receive
When you opt in, you agree to receive recurring automated promotional and personalized marketing text messages from Ducklings at the mobile number you provided. These may include, for example, enrollment promotions, tuition specials, and tour invitations. Consent is not a condition of any purchase.
Your Mobile Number
By opting in, you confirm that you are at least 18 years old and that you are the account holder for the mobile number you provided, or that you have the account holder’s permission to receive text messages at that number. If you change or cancel your mobile number, please reply STOP from that number or email us at info@ducklingsfranchise.com or taylor@ducklingselc.com so we do not send texts to the number’s next owner.
How to Opt Out
Text STOP to the number the message came from at any time to opt out. You will receive one text confirming you have been unsubscribed, and you will not receive further text messages from this program. You may also opt out by replying STOP, UNSUBSCRIBE, END, QUIT, STOPALL, CANCEL, REVOKE, OPT OUT, or by emailing us at info@ducklingsfranchise.com or taylor@ducklingselc.com. Requests sent by email will be processed within 10 business days. You can rejoin anytime by signing up again through a form on our website.
How to Get Help
Reply HELP to any message for help, or email us at info@ducklingsfranchise.com or taylor@ducklingselc.com.
Message Frequency and Rates
Message and data rates may apply. Message frequency varies. Contact your wireless provider with questions about your plan.
Carriers
Carriers are not liable for delayed or undelivered messages. Ducklings is also not liable for delayed or undelivered messages, and text messaging may not be available on all carriers or devices.
Privacy
SMS opt-in data will never be sold or rented, and will not be shared with third parties or affiliates for marketing or promotional purposes, even with customer consent. We share mobile numbers only with service providers that help us send our text messages (such as our text messaging platform and wireless carriers), or when required by law. Text messages are not a secure way to send sensitive information, so please do not text us private details such as medical or health information about your child. To learn how we handle your information, see our Privacy Policy.
Changes to These Terms
We may update these terms from time to time. Any changes will be posted on this page with a new Last Updated date. If you continue to receive our text messages after changes are posted, you accept the updated terms. If you do not agree, you may opt out at any time by replying STOP.
Governing Law
These terms are governed by the laws of the Commonwealth of Pennsylvania and applicable federal law, without regard to conflict-of-law rules.
Arbitration and Dispute Resolution
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Scope. Except as expressly provided below, you and Ducklings agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to these terms, a similar prior agreement, communications between you and Ducklings and/or its affiliated entities and parents (including calls and texts (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope, applicability, validity, voidness, and enforceability. The right and obligation to arbitrate under this Section shall extend to all Claims, including those against or involving third parties such as Ducklings or its affiliated entities’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors, all of whom are third-party beneficiaries of these terms.
Rules and Selection of Arbitrator. Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association (“AAA”). Should the AAA be unavailable, unable, or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties shall agree to use Judicial Arbitration and Mediation Services (“JAMS”) pursuant to their applicable arbitration rules; except the parties agree that JAMS shall only apply the Expedited Procedures if both parties agree, regardless of the alleged value of any claim or counterclaim.
The parties shall select an arbitrator according to a “strike and rank” procedure whereby the parties: (a) will request and obtain a list of no less than five (5) arbitrators (subject to the qualifications below); (b) within ten (10) days of service of an arbitrator list on the parties, strike the names of two (2) proposed arbitrators; and (c) rank the remaining arbitrators in order of preference with number 1 being the most preferred ranking. The remaining arbitrator with the lowest aggregate ranking of preference shall be selected to serve. If the “strike and rank” procedure fails or results in a tie, the AAA (or a substitute arbitration organization) shall appoint an arbitrator. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed.
Federal Arbitration Act. Because these terms memorialize a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at www.adr.org or by calling 1-800-778-7879.
Frivolous Claims. Any finding that a claim or counterclaim violates the standards set forth in Federal Rule of Civil Procedure 11 shall entitle the other party to recover their attorneys’ fees and costs as well.
Written Notice. A party that intends to seek arbitration must first send to the other a written notice of intent to arbitrate via email (delivery receipt requested), entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Ducklings should be addressed to: info@ducklingsfranchise.com (“Arbitration Notice Address”). The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Ducklings may commence an arbitration proceeding under these terms.
Exclusions and Limitations. The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the state where you are located: (a) an action to enforce intellectual property rights; (b) a suit by Ducklings, its affiliated entities and/or parents, or their respective assignees for collection of amounts owed by you to Ducklings; (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court; or (d) matters within the jurisdiction of an applicable small claims court. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees.
Class Waiver. You also agree that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (b) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND DUCKLINGS HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.
Appeal. If the arbitrator’s award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA (or substitute arbitration organization) and selected according to the Arbitration Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules (or the rules of the substitute arbitration organization).
Limitation on Time to File Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, OUR TEXT MESSAGES, OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Ducklings of any term or condition set out in these terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ducklings to assert a right or provision under these terms shall not constitute a waiver of such right or provision.
If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect to the maximum extent permitted by law.