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I accept the Terms and Conditions

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Terms and Conditions

1. GENERAL TERMS

This Master Services Agreement (“Agreement”) dated effective upon completion of this Agreement, is entered into by and between GG Surf and Swim, a California LLC (“GG Surf and Swim”), and the parent(s) or guardian(s) (“Parent”) of the children participating in GG Surf and Swim summer camp activities (“Campers”), whose signatures appear below (collectively, “the Parties”).

The Parties hereto accept the following terms and conditions governing the camper’s enrollment at GG Surf and Swim.

Duration of the Agreement. This Agreement shall be in effect for the specified dates selected by Parent

2. PAYMENT TERMS

Pricing. Parent agrees to pay GG Surf and Swim the amount of: $350 per week for full day camp sessions per Camper, or $250 per week for half day camp sessions per Camper.

Payment Due. Payment is due in full by the effective date of this Agreement.

Refunds. A full refund will be executed for any cancellation up to 48 hours before the specified dates selected in section 1(a) of this Agreement.
1. No refund is provided for any cancellation made less than 48 hours before the specified dates in section 1(a).
2. No refund is provided on a pro rata basis for missed days of camp, with or without notice, before or after the effective start date of the specified dates selected in section 1(a).
3. GG Surf and Swim reserves the right to provide refunds at its sole discretion for conditions or events not included in subsection (i) or (ii) above.

3. CAMPER CODE OF CONDUCT

Campers participating in GG Surf and Swim are expected to follow all site specific rules, along with the GG Surf and Swim code of conduct:

1: Demonstrate a respect for staff by listening and following directions.

2: Treat supplies and materials with care.

3: Demonstrate a respect for others, including respecting peer’s bodies, thoughts, feelings and beliefs.

Campers are to demonstrate positive and safe behavior while they are attending GG Surf and Swim, or on or near camp locations. GG Surf and Swim utilizes a “Three- Strike” policy. Please be aware that under certain circumstances, GG Surf and Swim may dismiss a camper after one strike.

Special Needs.

GG Surf and Swim is happy to provide accommodations or modifications for children with special needs. All requests for accommodations or modifications must be made by email before the start of camp.
I acknowledge that GG Surf and Swim may be unable to accommodate certain special needs including but not limited to: Down Syndrome, Nonverbal Autism, and extreme physical conditions that would make daily camp activities unsafe. GG Surf and Swim reserves the right to determine if a camper’s conditions meet the criteria to be labeled “unsafe” for camp activities.
If a camper’s condition meets the criteria to be labeled “unsafe” for camp activities, a full refund will be issued to the extent payment has been processed, less the days the camper has attended camp.

4. INFORMED CONSENT AND ASSUMPTION OF RISK ASSESSMENT

The Parties understand and acknowledge that:

a) The Activities have foreseeable and unforeseeable inherent risks, hazards, and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis, and loss of life;

b) Conditions such as: the camper’s fitness or abilities, weather or environmental conditions, equipment malfunctions; and incomplete warnings or instructions can contribute to bodily harm.

d) COVID-19 is extremely contagious. GG Surf and Swim cannot guarantee that the camper will not become infected with COVID-19. Further, attending the Activities could increase your risk of contracting COVID-19.

4. Camper is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers, and hazards.

With full knowledge of the risks involved, I hereby release, waive, discharge GG Surf and Swim, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, including joint or several liability, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained while participating in any activity while in, on, or around the premises or while using the equipment of GG Surf and Swim.

5. MEDICAL RELEASE AND EMERGENCY PROCEDURES

Parent understands GG Surf and Swim will make every effort to contact them in the case of an emergency. Parent gives their permission for GG Surf and Swim to administer any medications needed and to provide and arrange for and consent to any necessary medical treatment for their child(ren) while at GG Surf and Swim, including onsite and offsite emergency care. Parent accepts responsibility for the costs of all such medical treatment.

Medical treatment includes but is not limited to permission for GG Surf and Swim to render any emergency medical treatment that GG Surf and Swim staff deem appropriate and/or necessary for the wellbeing of my camper, including, but not limited to First Aid, CPR, calling emergency ambulance transportation and hospitalization, if necessary. Parent understands and agrees that any and all actions taken by GG Surf and Swim for the benefit of their camper comes at their cost, including but not limited to emergency medical treatment or care and ambulance transportation.

Parent promises to hold GG Surf and Swim harmless and indemnify GG Surf and Swim for any and all costs associated with any medical treatment it has deemed necessary and/ or appropriate for the well-being of their camper, including, but not limited to, any and all costs associated with emergency room visits, hospital care, and ambulance services.

6. RELEASE OF LIABILITY

I AGREE TO RELEASE GG SURF AND SWIM AND ITS BOARD, OFFICERS, INDEPENDENT CONTRACTORS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS OF ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES (INCLUDING BUT NOT LIMITED TO: SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE), AND/OR EXPENSES RELATED TO THE FULFILLMENT OF THIS CONTRACT, OR ANY OTHER CLAIM WHICH I MIGHT OTHERWISE PURSUE AGAINST GG SURF AND SWIM IN WHOLE OR IN PART, INCLUDING JOINT OR SEVERAL LIABILITY. THE MAXIMUM AMOUNT OF DAMAGES SHALL NOT AMOUNT TO GREATER THAN THE AMOUNTS I PAID TO GG SURF AND SWIM.

7. MISCELLANEOUS

License to Use Likeness: Parent hereby grants permission to GG Surf and Swim, staff, and affiliates to utilize Parent’s child(ren)’s appearance, performance or voice in any and all manner and media for the purpose of promotion, reporting or publication. GG Surf and Swim may use Parent’s child(ren)’s, likeness, voice and biographical material in connection with publication, promotion, exhibition and distribution of such material. I understand that no royalty, fee or any other compensation of any kind shall become payable to me by reason of such release and use of any photograph.

Entire Agreement and Binding Effect. This Agreement, along with the other documents referred to herein, is the final integration of the agreement between the parties with respect to the matters covered by it and supersedes any prior understandings or agreements, oral or written, with respect thereto. The provisions of this Agreement shall endure to the benefit of, and be binding on, the parties and their successors, assigns, employees, legal representatives, heirs, distributes, and transferees.

Governing Law, Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts to be performed solely within such state. The District Court of the City and County of Santa Cruz, State of California, shall have exclusive jurisdiction,including in personal jurisdiction, and shall be the exclusive venue for any and all controversies and claims arising out of or relating to this Agreement.

Modification, Waiver and Severability. This Agreement may not be modified or supplemented except by a written instrument signed by the parties. No waiver of any default or breach of any agreement or provision herein contained shall be deemed a waiver of any other default or breach thereof or of any other agreement or provision herein contained. If any provision or portion of a provision of this Agreement is declared void and/or unenforceable, such provision or portion shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect.

Attorneys’ Fees and Costs. In the event any suit or other action is commenced to construe or enforce any provision of this Agreement, the prevailing party shall be awarded reasonable attorneys’ fees and court costs, in addition to all other relief to which such party shall be entitled.

Counterparts/Electronic Signatures. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one instrument. A facsimile or other electronic copy of a signature on this Agreement shall be acceptable as and deemed to be an original signature.