In consideration of being permitted by BAYS Summer Camps (hereinafter referred to as BAYS) to participate in its activities and to use its equipment and facilities, I hereby agree to release, indemnify and discharge BAYS, its agents, owners, directors, coaches, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASED PARTIES”), I on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1)I acknowledge that my or my CHILD/WARD’s participation in BAYS programs and activities entail known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeop- ardizing the essential qualities of the activity. The risks include, among other things:
a)Tackle or Flag Football, Baseball, Soccer, Basketball, Skateboarding, Swimming, Bowling and other youth recreational sports and other BAYS activities entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. BAYS programs expose its participants to the usual risk of cuts and bruises. Participants may fall to the ground, collide with other participants, can sprain or break wrists, ankles, legs, arms, ribs, hands, back and feet, sustain dental damage and can suffer more serious injuries as well. Other more serious risks include head or neck injuries and even death. Other injuries not listed may be sustained that would normally be expected to occur from engaging in an active, fast paced or other recreational sport or activity.
2. I expressly agree and promise to accept and assume all of the risks existing in activities offered by BAYS. My or my legal charge’s (child’s) participation in this activity is purely voluntary and I elect to allow my legal charge (child) to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my or my CHILD/WARD’s participation in this activity or my use of BAYS equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES to the fullest extent allowed by law. Should BAYS or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage that I or my legal charge (child) may cause or suffer while participating. I certify that I will immediately notify BAYS in writing should this condition change. I also certify that my legal charge (child) is healthy and fit enough to participate in the BAYS programs and that I have disclosed any and all physical, mental or emotional conditions that may affect his/her participation.
6. I agree that I will fully disclose in writing IN DETAIL upon registration any condition or behavior of my child which may cause a safety issue in supervision or potential issues with other children. These can include but are not limited to ADHD, Asperger’s, OCD, outbursts of anger, history of non attentiveness, defiance of authority or any other disability or condition. I understand that BAYS is not staffed with special needs trained staff and may not accept or be able to continue service for a child who is disruptive or in or a danger to him/herself or others. I agree that failure to provide full and detailed disclosure in writing of these conditions will result in forfeiture of service WITH NO refund. Such detail will include the severity of the condition, the nature of the condition, any medical requirements, any supervisory requirements, any other thing which may be required from us so that we may reasonably accommodate the child and his/her safety, whether any action is required on our part that is readily achievable and poses no undue burden on the program or our ability to adequately and reasonably safeguard the health and safety of the camper or others.
7. I understand and agree that BAYS is not a “nut free” camp and that with regard to this or any other food or other allergies that exposure to allergens is an almost certainty. I understand and accept full responsibility for any risk or liability of exposure of my child to hazardous allergens as a result of attending BAYS camps. Access to camp is not necessarily prevented and these conditions do not imply same. These conditions only imply non responsibility and refusal of liability for administration of procedures BAYS is not qualified to nor required by law to perform.
8. I understand that BAYS staff is comprised of non medical professionals without the knowledge or training required to make major or even minor decisions as to the medical needs of a child beyond basic first aid (defined as the provision of initial care for an illness or injury)or to store or dispense medications.
BAYS does not accept for storage or administer medication of any kind. This ranges from offering aspirin for an ache or neo-sporin on a cut or scrape, to prescribed medications which need to be taken during the day. BAYS will however, under written authorization and release by the parent remind a camper of a time in which they need to take scheduled medication.
BAYS does not accept for storage or agree to administer specialized, surgically administered and prescribed medications which advise or require special medical certification to administer and medical knowledge and ability to properly diagnose need.
9. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
10. I agree that this Release of Liability and Assumption of Risk agreement is made on behalf a minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian to bind the minor participant to this agreement.
11. I agree that if the participant is a minor, I further agree to defend, indemnify and hold harmless BAYS from any and all claims or suits for per- sonal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participa- tion by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES to the fullest extent allowed by law, except injuries or damages caused by the gross negligence or willful misconduct of the party seeking indemnity.
12. I understand and agree that with regard to refunds:
Prior to May 1, Parents receive a refund minus cancellation fee of $45
Between May 1 and May 15: Parents receive a refund minus a cancellation fee of $95 per session, After May 15: No refunds but camp weeks may be switched to any other summer 2019 session.
I ALSO GIVE EXPRESS CONSENT TO CHARGE MY PAYMENT INSTRUMENT FOR ANY ADDITIONAL CHARGES INCURRED AS A RESULT OF MY CHILD'S PARTICIPATION (i.e. late pick up fees etc.) and that are agreed to within this contract.
13. I agree that should my child be expelled from camp for disciplinary action resulting from a violent or inappropriate act on my child's part that no prorated refund will be due for the balance of one week and that refund in the amount of $100 per week for any full weeks remaining
14 I hereby expressly waiver all rights under Section 1542 of the Civil Code of the State of California, and under any and all similar laws of any jurisdiction. I am aware that said Section 1542 of the Civil Code provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDI- TOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
15. With respect to chargebacks, I understand that this remedy is available to me to protect me from non receipt of services or fraudulent use of my payment instrument. In the event I institute a chargeback procedure that is fraudulent or improper on my part, I agree that I will compensate BAYS at a maximum of 2x the amount of the chargeback requested.
By signing this document, I acknowledge that if anyone is hurt or property damaged during my or my legal charge’s (child’s) participation in this activity, I may be found by a court of law to have waived my or the minor participant’s right to maintain a lawsuit against BAYS or any RELEASED PARTIES on the basis of any claim from which I have released them herein.