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 Camp Odyssey, LLC 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) Camp Odyssey, its partners, licensors, and any and all subsidiaries,
affiliated entities, or landlords, including, but not limited to Wicomico Day School and Green Hill Country Club, or entities that control, are controlled by, or are under common control with Camp Odyssey 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 Camp Odyssey 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 Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against Camp Odyssey, you agree, immediately upon request or demand by Camp Odyssey, to
defend, indemnify and hold Camp Odyssey 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 (in-person or virtual) 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 understand that camp odyssey takes reasonable precautions to ensure that all programs and activities are conducted by
qualified personnel in a safe and responsible manner. You understand that these activities involve certain risks and include but are not limited to ropes courses, water sports, land sports, archery, canoeing, kayaking, hiking, and dancing. You recognize these risks and
agree to assume these risks by attending and participating in these programs. 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 or illnesses 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 illnesses, 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 Camp Odyssey, and to abide by any decision of any Camp Odyssey 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 Camp Odyssey officials may dismiss you, without refund, should your behavior endanger the safety of or negatively affect the Camp. You understand and agree that Camp Odyssey is not responsible for any personal item or
property that is lost, damaged, or stolen at the Camp. You understand and agree that Camp Odyssey 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. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment by Camp
Odyssey, except in the event of a cancellation due to lack of registrations for the Camp; or pandemic, epidemic, Federal, State, or local governmental agency prohibiting the Camp in which Camp Odyssey 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 Healthcare provider and for transporting you by whatever means are necessary, to any hospital, clinic, or other health facilities.
5. Use of Likeness. You hereby grant Camp Odyssey 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 Camp Odyssey 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 CAMP ODYSSEY 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. CAMP ODYSSEY 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 CAMP ODYSSEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE CAMP ODYSSEY 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 CAMP ODYSSEY SITE; (C) YOUR PARTICIPATION IN ANY CAMP COORDINATED
BY CAMP ODYSSEY; (D) PERSONAL INJURY NOT CAUSED BY CAMP ODYSSEY’S GROSS NEGLIGENCE; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CAMP ODYSSEY SITE; (G) ANY OTHER MATTER
RELATING TO THE CAMP ODYSSEY SITE, OR THE CAMP; OR (H) YOUR PARTICIPATION IN THE CAMP. YOU AGREE THAT CAMP ODYSSEY’S
MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY CAMP
ODYSSEY FROM YOU.
7. INDEMNITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CAMP ODYSSEY 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 CAMP ODYSSEY, 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 ONLINE REGISTRATION IS AT YOUR SOLE
RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAMP ODYSSEY MAKES NO WARRANTY THAT CAMP ODYSSEY SITE’S
SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. CAMP ODYSSEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
9. Camp Cancellation Policy. After June 1 full payment is due upon registration. Occasionally insufficient registration means that we may have to cancel a program or session. We will make every effort to enroll your camper in a similar program or give you the opportunity to select a
substitute. If we cannot offer an acceptable substitute, the fees for that program will be fully refunded. Late fee charges may be added to your registration if the child(s) is at camp after the end of their scheduled day (3:30 pm or 5:30 pm). Campers may add additional programs at any time with full payment of fees and substitutions or changes must be made before the first day of any program. Changes in programs, once a program has been registered for, will require a $25 processing fee. 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. In the event of a cancellation due to lack of registrations for the Camp; and/or the prohibiting of opening camp due to federal, state, or local regulations, 100% of the fees paid by you for the Camp will be refunded.
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 and principles thereof, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Camp Odyssey 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 Camp Odyssey.
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.