TERMS AND CONDITIONS
The following terms and conditions are presented at the time of payment and must be reviewed and accepted prior to camp registration confirmation.
WAIVER AND RELEASE
In consideration of being permitted to participate in camp activities, I for myself, my child(ren) named herein, my heirs, executors and assigns, waive, release, discharge and covenant not to sue Marshmallow Minds, its officers, employees and agents (collectively "MARSHMALLOW MINDS") from all claims and liabilities (whether on behalf of my child(ren) named herein or for my own benefit) for personal injury, accidents or illness, and property loss arising from, but not limited to, my participation or my child's/children’s participation in any Marshmallow Minds program, activity or camp (the "ACTIVITIES"). This release includes a release of known and unknown claims and a release for the negligence of MARSHMALLOW MINDS, whether or not active or passive. I further waive any and all claims and release MARSHMALLOW MINDS from liability for damage or loss incurred or as a result of the actions or omissions of any third party while participating in the ACTIVITIES. I waive any and all causes of action in connection with the above, whether based in contract, tort or otherwise, to the extent allowed by applicable law.
ASSUMPTION OF RISK
Participation in the ACTIVITIES carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that my child(ren) may be exposed to dangers and hazards, including but not limited to: use of common classroom tools such as scissors, hot glue guns and tape dispensers; active outdoor play with other children; use of playground equipment; use of specialized equipment for certain activities at Marshmallow Minds Summer Camp (such as but not limited to circuits, robotics kit, etc.); as well as the negligence of others. I know, understand and appreciate these dangers, hazards and other risks that are inherent in the ACTIVITIES. I hereby assert that my child(ren)’s participation is voluntary and that I knowingly assume all such risks.
I hereby give permission to MARSHMALLOW MINDS to act according to their best judgment in any situation requiring medical attention for my child(ren) named herein. This includes routine health care, administering and/or dispensing prescribed medications, and seeking emergency medical treatment including ordering x-rays or routine tests. I agree to the release of any records necessary for insurance purposes. I acknowledge that it is my responsibility to provide medical insurance coverage for my child(ren) named herein while participating in the ACTIVITIES. Any costs of medical treatment provided to my child(ren) named herein that are not covered by medical insurance will be my sole responsibility. I give permission to MARSHMALLOW MINDS to arrange necessary related transportation for my child(ren). In the event I cannot be reached in an emergency, I hereby give permission to the physician selected by the camp to secure and administer treatment, including hospitalization, for my child(ren) named herein.
I hereby grant permission to MARSHMALLOW MINDS to photograph and capture video of my child(ren) named herein at camp. MARSHMALLOW MINDS may take and use photos and videos of my camper(s), without compensation, in MARSHMALLOW MINDS promotional materials which may be publicly available on the internet. Campers will not be identified by name without express permission from a parent or guardian. I agree to release MARSHMALLOW MINDS from any claims or liability resulting from their use of photos or videos.
INDEMNIFICATION, HOLD HARMLESS AND DEFENSE
I agree to indemnify, hold harmless and defend MARSHMALLOW MINDS against any and all claims to which the "Waiver and Release" section of this agreement applies, including claims on behalf of any participating minor if the authorization is signed below. I also promise to indemnify, hold harmless and defend MARSHMALLOW MINDS against any and all claims for my own negligence, and any other claim arising from my conduct during the ACTIVITIES or which is a breach of this agreement. In accordance with these promises, I will reimburse MARSHMALLOW MINDS for any damages, reasonable settlements and defense costs, including attorney's fees, that MARSHMALLOW MINDS may incur because of any such claims made against them.
I agree that all disputes may be resolved in California. I agree to use arbitration to resolve any problems, and I agree to not join a class action lawsuit or obtain a jury trial for any disputes I have with MARSHMALLOW MINDS. Any such arbitration, to the extent necessary, shall be conducted in Santa Clara County in the state of California. I covenant not to sue MARSHMALLOW MINDS in any other forum.
These terms and conditions shall be governed by and the rights, duties and obligations of MARSHMALLOW MINDS and me shall be determined and enforced in accordance with the laws of the State of California. I further agree that any action or proceeding brought to enforce the terms and conditions shall be maintained in Santa Clara County, California.
Any questions about our Terms and Conditions? Drop us a line at firstname.lastname@example.org