RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
In consideration for my child or children (“child”) named in the Camper Information Forms that I completed during the Camp Topia, Inc (dba Marin Ranch Camp, dba Camp Doodles) registration process to participate in the Marin Ranch Camp Program (the “Camp”), I agree to the following terms, conditions, assumption of risk, and release of liability:
Release and Indemnity: I agree to defend, indemnify and hold harmless Camp Topia, Inc. (dba Marin Ranch Camp, dba Camp Doodles) and their owners, investors, members, managers, directors, employees, agents, volunteers, subsidiaries, and affiliated companies (the “Company”), from and against any and all liabilities, claims, or lawsuits for any injury sustained by me or my child arising out of or in any way connected with participation in any camp programs or activities (“Camp”), regardless of cause and to the fullest extent allowed by law, including the alleged negligence of the Company or the Camp. I understand that this is a release of liability that is valid whenever my child participates in any activities or events associated with the Camp or the Company. I understand that this release will prevent me, my child, or my heirs from filing suit or making any claim for damages in the event of injury resulting from my child’s participation in Camp or any activity, whether on Camp premises or offsite. Additionally, in the event that I file or my child or my legal representative files a claim or a lawsuit arising out of my child’s participation in Camp, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the Company and the Camp for any damages, attorney’s fees, or costs arising out of such a claim or a lawsuit. With a full understanding of this agreement, I agree to be legally bound for ourselves, our heirs, executors and administrators.
Assumption of All Risks: I acknowledge that Camp activities contain risks that may result in injury to me and/or my child. Despite the risks involved, and in consideration of the right to participate in Camp, I VOLUNTARILY AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY that might be associated with participation in the Camp.
Medical Treatment Consent: In the event of a medical emergency to my child, I authorize the Company and Camp to provide emergency first-aid treatment and/or refer my child for treatment to a duly licensed physician, dentist or other medical care. This care may be given under whatever conditions are necessary to preserve the life, limb or well-being of my child. I give permission to the Company and Camp to provide routine health care, administer prescribed medications, and seek emergency medical treatment. I agree to the release of any records necessary for insurance purposes and waive any privacy rights I or my child may have under the Federal HIPAA law or regulations or any similar State law or regulations. To the extent the information provided by me to the Company or Camp is unavailable electronically due to technical difficulties, I hereby release the Company and Camp from any errors or omissions associated with such technical difficulties.
Medical Insurance: I understand and agree that it is my responsibility to provide accident and health coverage for my child while attending Camp and may be asked to provide proof of such health coverage before the first day of Camp.
Medications / Allergy Info: Over-the-counter medicines, including first aid ointments, will be used to treat routine illness or injuries. If my child requires prescription medication at Camp, I shall provide such prescription medication to the Camp’s staff and explicitly authorize the Company and Camp to administer this medication to my child as directed. I authorize the destruction of any medication that is not picked up within one week following the last day of the program. I give my approval for the Company and Camp to list, on their public nametag system(s), symbols related to my child’s allergies and/or medications. I further give permission to the Company’s and Camp’s staff to regularly provide and/or apply sunscreen to my child.
Immunizations: I attest that all immunizations required for school are up-to-date for my child or children.
Activity/Travel Permission: I consent to my child participating in all Camp activities both on site and off site. I give my full permission for my child to participate in all Camp activities. If there are specific activities that I do not want my child to participate in, then I will notify Camp staff in writing at least one week in advance of the first day of Camp. Any lack of communication or silence will inherently equate to my full authorization for my child to participate in all Camp activities.
Photographs/Videos: Photography and video cameras may be used by the Camp or the Company and photographs and/or videos may be taken of me and/or my child. Use of any pictures, text and/or videos of/by me or my child may be used in any media form by the Company or Camp for training, advertising and marketing purposes without any compensation to me or my child.
Alcohol, Drugs, Weapons, Nuts, Etc.: I agree that my child will not bring any alcohol, illegal or otherwise non-prescribed drugs or medications, weapons, sharp objects, nuts (including peanuts), personal sports equipment (except as explicitly allowed by the Company or Camp), toys, animals or any other potentially dangerous item to camp at any time.
Mediation and Binding Arbitration: Any controversy or claim arising out of or related to my child’s participation in Camp will be settled by a professional mediation service before any lawsuit is filed, and if no agreement is reached, by binding arbitration pursuant to the applicable rules of the American Arbitration Association.
Refund, Schedule Swap & Payment Policy: Changing your summer plans is no problem. Here is our policy:
- January – April 30th: 100% refund.
- May 1st – May 31st: $200 cancellation fee and remainder refunded.
- June 1st - June 30th: $500 cancellation fee and remainder refunded.
- July 1st and after: No cancellations or credits.
- All refund requests must be made in writing, via email to team@marinranchcamp.org.
- All sessions are non-transferable.
- If I cancel my child’s reservation outside of the above eligibility requirements, or do not attend any camp days for any reason, I agree to pay the FULL AMOUNT owed to the Company and Camp, regardless of whether my child attends Camp.
Force Majeure: The Company’s duties and obligations under this Agreement will be suspended immediately without notice during periods that the Camp is closed because of Force Majeure events including, but not limited to, any fire, act of God, war, governmental action, act of terrorism, epidemic, pandemic, natural disaster, or any other event which the Company or Camp deems is beyond its control. If such an event occurs, the Company’s and Camp’s duties and obligations in this contract will be postponed until such time as the Company and Camp, in their sole discretion, may safely reopen.
Understand All Policies: I have asked any and all questions that I have about the Camp and Company’s policies, procedures and operations and all questions about policies, procedures and operations have been answered to my satisfaction.
Any legal proceedings related to this Agreement will be brought in Contra Costa County, California. Any disputes will be subject to and determined under the laws of the State of California. If any aspect of this Agreement is deemed invalid, the remainder of the Agreement will continue to have full force and effect.
Campers under the age of 18 years are required to have a parent or legal guardian read and sign, verifying that that he/she is the parent and/or legal guardian of the child, that the child is in good health, and that there are no special problems associated with the care of the child.