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Participant Waiver and Terms and Conditions Form

In consideration of participation of the Camp Kindness Count’s programs, including, but not limited to the Camp Kindness Counts’ Kind World Explorer Guidebook and workshop, after-School Enrichment Program, camps, family service events located at elementary schools, community centers and other private facilities (“Program(s)”).

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This Camp Kindness Counts Waiver and Terms and Conditions Form (“Agreement”) must be completed by each minor child “Participant” and parent having legal custody and/or legal guardian of the Participant (the “Guardian”) participating in the Camp Kindness Counts’ Programs and activities. All Programs will be operated by Camp Kindness Counts’, a non-profit corporation organized under the laws of the state of Washington.

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In consideration of the participation of the Camp Kindness Counts’ Activities other good and valuable consideration, the sufficiency of which I acknowledge, I agree as follows and execute this Agreement in favor of Camp Kindness Counts’:

 

1. Medical Condition and Treatment.

a. I represent and warrant that the Participant and Guardian have no physical, health related or other problems which would preclude or restrict their participation in the Program or otherwise render their participation dangerous or harmful to them or others. I further represent and warrant that the Participant and Guardian have adequate medical, health and/or other insurance for participation.

b. I am aware that participation in any Camp Kindness Counts’ Program related activity can potentially be dangerous, and I fully recognize and understand that there are risks and hazards, both minor and serious, associated with participation in the Program and related activities, including, but not limited to: cuts, scrapes, bruises, broken bones, muscle strains, pulls or tears, head, neck, back, eye and other bodily injuries, heat prostration, brain damage, blindness, deafness, drowning, heart attacks, paralysis and, even, death. I hereby give consent and authority to Camp Kindness Counts’ to obtain medical treatment on my behalf if I am injured or require medical attention during my participation in the Program. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless the Camp Kindness Counts’ or its directors, officers, staff, employers, agents, partners, or volunteers (collectively, “Parties”) from any claim whatsoever in connection with such treatment or other medical services.

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2. Assumption of Risk. I desire to participate in the Program and understand that the Program may include but is not limited to, community service, social emotional awareness exercises, character strength development activities, field trips, team games and exercises, parent engagement activities, and parent training and education. Furthermore, the Participant and Guardian understand that the Program may include work that maybe dangerous, and hazardous, including but not limited to transportation to sites, and participation in activities.

 

I VOLUNTARILY, EXPRESSLY, AND KNOWINGLY ASSUME ALL OF THE RISKS OF PARTICIPATING IN THE PROGRAM, including without limitation any risks, both foreseen and unforeseen, including, but not limited to any and all risk of injury, illness, property damage, harm, or loss arising from the negligence of the Parties. 

 

3. Release and Waiver.  I hereby fully and forever release and discharge the Camp Kindness Counts’ Parties from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, that may arise from my participation in the Program. I covenant not to make or bring any such claim or demand against the Camp Kindness Counts’ Parties, and fully and forever release and discharge the Camp Kindness Counts’ Parties from liability under such claims or demands.

 

ON BEHALF OF MYSELF AND MY HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, I RELEASE AND DISCHARGE THE CAMP KINDNESS COUNTS’ PARTIES FROM ANY AND ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY, THAT ARISES OR MAY HEREAFTER ARISE IN CONNECTION WITH MY PARTICIPATION IN THE PROGRAM AND ANY ACTIVITIES WITH OTHER PROGRAM PARTICIPANTS (INCLUDING TRAVELING TO AND FROM THE PROGRAM), INCLUDING LIABILITY ARISING FROM THE NEGLIGENCE OR OTHER FAULT OF A CAMP KINDNESS COUNTS’ PARTY OR USE OF CAMP KINDNESS COUNTS’ MATERIALS (e.g., THE KIND WORLD EXPLORER GUIDEBOOK (all editions)). THE PARTIES AGREE THAT THIS SECTION 3 IS A MATERIAL CONSIDERATION FOR ENTERING INTO THIS AGREEMENT.

 

4.  Indemnity.  I hold harmless and agree to indemnify (and if I am a minor, the parent or legal guardian signing this Agreement will hold harmless and indemnify) the Camp Kindness Counts’ Parties from and against any present and future claim, cause of action, or liability to person or property, costs, expenses (including reasonable attorneys’ fees) which Participant or Guardian may incur or suffer or for which Participant or Guardian may be liable to another Program Participant, Guardian or other person, related to the participation in the Program, including the use of Kind World Explorer Guidebooks, and any activities with other Program participants, resulting from any cause whatsoever, and regardless of fault.

 

5.  Photograph/Digital/Video Release.  I understand that at the Program activities with other Program participants, and related Camp Kindness Counts’ coordinated or operated activities, Participant and/or Guardian may be photographed and/or recorded on video.  I  grant and convey to the Camp Kindness Counts’ all rights, titles, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and grant permission to Camp Kindness Counts’ to use my name, likeness and biographical data and any statements I provide to Camp Kindness Counts’ in perpetuity, in any medium or format, for internal, promotional or other purposes without further permission or compensation.

 

6.  Agreement to Comply with Rules. I agree to, and will comply with, the rules and regulations of Camp Kindness Counts’ as posted at CKC RULES. I acknowledge that rules and regulations are subject to change at the sole discretion of Camp Kindness Counts’.

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7.  Refund Policy for Camps and Enrichment Programs: For camps, a full refund minus $35 processing fee will be refunded up to 2 months prior to camp start date. 50% refund will be given within 4 weeks of camp start date with written notice of cancellation, after this point, no refund will be given even with written notice. Refunds are not issued if a child is dismissed due to disciplinary action, as determined by Camp Kindness Counts. For school enrichment classes- Full refunds are given until 14 days prior to class start date. Until 7 days before class start date, the full amount minus $65 processing fee per session is refunded. It is also possible to transfer your tuition payment to a friend before the class begins, if schedule conflicts arise. Due to planning and costs incurred, refunds are not given if less than 7 days’ notice is received. No refunds are given after the class start date.  Refunds are not issued if a child is dismissed due to disciplinary action and/or safety concerns, as determined by Camp Kindness Counts. If class does not take place due to enrollment criteria, you will be notified, and a full refund will be applied.

 

8.  Drop Off/Pick Up Policy: Camp Kindness Counts’ Parties do not pick up children from their classroom. Parents may send a note to the child’s teacher to remind them to go to the Camp Kindness Counts Program. Children must be picked up at the class location or camp location as soon as class or camp is over and sign out their children. Camp Kindness Counts’ Parties are not responsible for students before or after stated class time or camp time. We reserve the right to charge a fee of $5/minute after the stated end time of any of our Programs.

 

9.  General.  The laws of the State of Washington shall govern the validity, construction, and enforceability of this Agreement, without giving effect to the conflict of laws principles thereof. A suit, claim, or other action to enforce or interpret the terms of this Agreement shall be brought exclusively in the State courts of King County, Washington.  Each party hereby submits to the jurisdiction of that court and waives any objections it may have to that court-asserting jurisdiction.

 

10.  Other. In the event any provision of this Agreement is invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed, and the remainder of this Agreement shall remain in full force and effect.

 

This Agreement contains all of the terms and conditions agreed upon by the parties and any prior agreements, promises, or representations, written or oral, not expressly set forth in this Agreement, are of no force and effect. This Agreement may not be amended except in a writing signed by both parties.

 

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND IS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS.

 

______________________________              ______         ________________________                          _____________

Print minor Participant’s name                         Age                 Signature                                                   Date

 

Must be completed by parent or legal guardian if participant is under 18 years of age:

 

I agree to the terms of this Agreement on behalf of myself and the above-named Participant. I also acknowledge that I have explained the release, its significance and assumption of risk to the minor Participant.

 

__________________________________        ____________________________           ________

Print Parent / Guardian name                               Signature                                      Date                                              

 

Emergency Contact Information.

 

Emergency Contact Name:

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Emergency Contact Number: