Terms & Conditions Agreement
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE CAMP, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW.
In consideration of being permitted to register and/or participate in, including without limitation by observing, the event for which you are registering (the “Camp”), on behalf of yourself, your child or children, any personal representatives, assigns, heirs, executors, successors and your next of kin, you understand, agree, warrant and covenant as follows:
1. Authority to Register and/or to Act as Agent. You represent and warrant to Soar High, LLC d/b/a Camp Odyssey (“Soar High”) that you have full legal authority to complete the registration for the Camp, including this “Agreement and Waiver,” on behalf of yourself and/or any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) Soar High means and includes Soar High, LLC d/b/a Camp Odyssey, its partners, licensors, and any and all subsidiaries, affiliated entities or landlords, including, but not limited to St. Francis Church & School, Wicomico Day School, Beach Bounders Gymnastics Academy and Green Hill Country Club,, or entities that control, are controlled by, or are under common control with Soar High singly or together and its and each of their members, shareholders, officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you” or “your” means and includes you (as an individual) and all other “Registered Parties” for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights. If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement and Waiver on their behalf and by proceeding with registration for the Camp, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold Soar High harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”) in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against Soar High, you agree, immediately upon request or demand by Soar High, to defend, indemnify and hold Soar High harmless from all Liabilities which may be incurred as the result of such claim.
2. ASSUMPTION OF RISK. IN CONSIDERATION OF THE ACCEPTANCE OF YOUR REGISTRATION AND PARTICIPATION IN THE CAMP, YOU ASSUME FULL AND COMPLETE RISK AND RESPONSIBILITY FOR ANY INJURY OR ACCIDENT WHICH MAY OCCUR DURING THE CAMP, WHILE YOU ARE ON THE PREMISES OF THE CAMP, OR WHILE YOU ARE TRAVELING TO OR FROM THE CAMP. YOU UNDERSTAND THAT PARTICIPATING IN THE CAMP IS HAZARDOUS, AND THAT YOU SHOULD NOT ENTER AND PARTICIPATE UNLESS YOU ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU ACKNOWLEDGE AND AGREE THAT THE CAMP MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE CAMP AND UPON WHICH HAZARDS ARE TO BE EXPECTED. YOU ALSO ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN THE CAMP CARRIES WITH IT CERTAIN INHERENT RISKS AND DANGERS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM RISK OF MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING PERMANENT DISABILITY AND DEATH. YOU ARE AWARE OF AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE CAMP, INCLUDING WITHOUT LIMITATION RISKS OF PERMANENT INJURY OR DEATH DUE TO FALLS, OBSTACLES, CONTACT WITH OTHER PARTICIPANTS, ACTS OR OMISSIONS OF OTHER PARTICIPANTS, EFFECT OF WEATHER, TRAFFIC AND CONDITIONS OF ANY ROAD.
3. Representations. You represent and warrant that you are in good physical condition, are able to safely participate in the Camp and have no medical condition that would make your participation in the Camp more hazardous. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by Soar High and to abide by any decision of any Soar High official relative to your ability to safely participate in or attend the Camp. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the Camp and to obey all Camp rules, local, state and federal civil and criminal laws while participating in or attending the Camp. This includes, generally, respect for other people, equipment, facilities or property. You agree that Soar High officials may dismiss you, without refund, should your behavior endanger the safety of or negatively affect the Camp. You understand and agree that Soar High is not responsible for any personal item or property that is lost, damaged or stolen at the Camp. You understand and agree that Soar High reserves the right to cancel the Camp in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of the Camp participants or in the event of the lack of registrations for the Camp. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by Soar High, except in the event of a cancellation due to lack of registrations for the Camp, in which Soar High will provide a 100% refund of the fees paid by you for the Camp.
4. Medical Assistance. You hereby grant permission to the Camp staff or other persons responsible for your care to act on your behalf in granting permission for evaluation and treatment of medical problems. You understand that should a major medical problem arise regarding you if you are a minor, an attempt will be made to notify your guardian/parent by telephone. In the event that your guardian/parent cannot be reached, you hereby give consent to such medical treatment as deemed necessary including surgery, x-ray examinations, and anesthesia to be rendered to you by a licensed physician, nurse, or other qualified Health Care provider and for transporting you by whatever means are necessary, to any hospital, clinic, or other health facility.
5. Use of Likeness. You hereby grant Soar High permission to record voice and photograph in conjunction with the Camp. You understand and agree that the term “photograph” as used herein encompasses both still photographs and video recordings. You further grant to Soar High full unrestricted rights to the use of photography, voice, and likeness in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any purpose including without limitation any commercial purpose.
6. RELEASE AND WAIVER OF LIABILITY. YOU HEREBY WAIVE, RELEASE, COVENANT NOT TO SUE AND FOREVER DISCHARGE SOAR HIGH AND ALL OTHER PERSONS ASSOCIATED WITH THE CAMP, FOR ALL LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES THAT YOU MAY HAVE AGAINST THEM ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR REGISTRATION AND/OR PARTICIPATION IN THE CAMP, INCLUDING WITHOUT LIMITATION ANY LIABILITIES, CLAIMS, ACTIONS, OR DAMAGES CAUSED BY NEGLIGENCE OF THE ABOVE PARTIES (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF ANY OF THE ABOVE PARTIES, OR OTHERWISE.
SOAR HIGH SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOAR HIGH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SOAR HIGH SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOAR HIGH SITE; (C) YOUR PARTICIPATION IN ANY CAMP COORDINATED BY SOAR HIGH; (D) PERSONAL INJURY NOT CAUSED BY SOAR HIGH’S GROSS NEGLIGENCE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOAR HIGH SITE; (G) ANY OTHER MATTER RELATING TO THE SOAR HIGH SITE, OR THE CAMP; OR (H) YOUR PARTICIPATION IN THE CAMP. YOU AGREE THAT SOAR HIGH’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY SOAR HIGH FROM YOU.
7. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SOAR HIGH AND ALL OTHER PERSONS ASSOCIATED WITH THE CAMP, FROM ALL LIABILITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR PARTICIPATION IN THE CAMP, INCLUDING WITHOUT LIMITATION ANY LIABILITY CAUSED BY NEGLIGENCE (INCLUDING ANY NEGLIGENT RESCUE ATTEMPT), THE ACTION OR INACTION OF SOAR HIGH, OR ANY VIOLATION BY YOU OF ANY TERMS OF THIS AGREEMENT AND WAIVER.
8. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT PARTICIPATION IN THE CAMP AND ON LINE REGISTRATION IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOAR HIGH MAKES NO WARRANTY THAT SOAR HIGH SITE’S SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. SOAR HIGH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
9. Camp Cancellation Policy. Those who have applied and been accepted, but cannot attend the Camp for any reason, will receive a full refund subject to following cancellation policy: After June 1, no refund will be made because of withdrawal, suspension or absence from camp. Payments lost due to the above cannot be applied to the next year’s program or a sibling. Campers may add additional programs at any time with full payment of fees received by the Thursday prior to program beginning. Substitutions or changes must be made before the first day of any program. Changes in programs once a program has started will require a $5 processing fee. A $25 fee will be assessed for late payments and any returned checks. Any participant who is dismissed because of violations of our behavior policy will forfeit the entire program fee.
10. Applicable Law; Consent to Jurisdiction. You agree that the statutes and laws of the State of Maryland, United States of America, without regard to the conflict of laws principles thereof, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Soar High relating to this Agreement and Waiver resides in the courts of Salisbury, Maryland, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Salisbury, Maryland in connection with any such dispute including any claim involving Soar High.
11. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.
BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU AND ALL REGISTERED PARTIES ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE AGREEING TO THIS AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.