Cazadero Performing Arts Family Camp (CPAFC), a California non-profit corporation with an office located in Oakland, California, is the producer of performing arts family camps located in California and Washington State (“Camp” or “Camps”).
In running the Camps, CPAFC has contracted to provide the facility, staff, faculty, food and maintenance services for the Camp. As consideration for, and as an express requirement of my/my family's participation in Camp activities, I understand that CPAFC requires, and is materially relying on the requirement that I understand and agree to a waiver of any and all claims I might have against Cazadero Performing Arts Family Camp, their officers, directors, employees, agents, independent contractors, campground providers and other representatives (hereinafter referred to jointly and severally as "the Cazadero Entities"), as well as agree to be bound by other terms and conditions stated in this Waiver.
I understand that this is a binding legal document, and that CPAFC has recommended I read this document carefully before signing. By signing this Waiver, and to the extent permitted by law, I waive any and all claims for damages for death, personal injury, loss or property damage which I may have or which may hereafter accrue to me or my child against the Cazadero Entities as a result of my or my child's participation in the Camp, and as related to the nature, type or condition of the events involved, and/or with respect to the condition of the sites involved, and/or with respect to the supervision provided, and/or with respect to the activities performed, whether or not caused by the negligence (active or passive) of the Cazadero Entities.
This Waiver is signed in order for me or my child to participate in this activity for our own personal enjoyment and benefit and is done so freely with full knowledge of the risk and dangers incident thereto. It is acknowledged that the I/we will be living in an outdoor, rustic camp facility with the inherent dangers and risks associated with camp activities, which may include, but are not limited to: swimming, diving, hiking, wading, climbing, basketball, softball, kayaking, pickleball, volleyball, and socializing near a campfire. By signing this agreement, I further acknowledge that I agree to assume and bear sole responsibility for these dangers and risks and to absolve and hold harmless the Cazadero Entities from any and all risks of any nature and kind associated with camp activities. I also agree to indemnify, defend, and hold the Cazadero Entities free and harmless from any and all expenses, demands, claims, costs, losses, damages, recoveries, settlements, and expenses (including but not limited to interest, penalties, attorney's fees, expert witness fees, costs, and other expenses) of any nature or kind which are incurred by the indemnity ("losses"), known or unknown, contingent or otherwise, directly or indirectly arising from or related to the Camper’s participation in Camp activities.
No refund or adjustment is made, and no prior notice is made, if the Cazadero Entities change the Camp program by adding, altering, or deleting activities as deemed necessary by the Camp Director. It is also understood and agreed that the Cazadero Entities have made no promise or pledge, express or implied, to provide any special facilities or services to those with any medical problems, health problems, or physical disabilities, including but not limited to accommodation of special diets, other than as expressly set forth in the Medical Release and History Form, and which the Cazadero Entities, in their sole discretion, predetermine they can reasonably provide based solely upon the information and Camper’s history provided in said Medical Release and History Form, and the inherent limitations of Camp staff and facilities.
Further, I understand and agree that, for the safety and comfort of everyone, the Camp is a non-smoking camp, except in designated areas, and is in conformance with all applicable laws governing drug use, alcohol use by minors, environmental protection, health, and safety. Rules established to protect the property, privacy and safety of the Camp, Campers, and the Cazadero Entities will be enforced. Campers’ willful violation of Camp rules can lead to dismissal from Camp. The Cazadero Entities reserve the right to dismiss or remove the Camper for misbehavior at any time. I acknowledge that if I or any member of my family is dismissed or otherwise removed from the Camp I will be completely responsible for making arrangements for transportation, and that the Cazadero Entities shall make no refunds of any funds paid in association with this Camp.
I agree that the Cazadero Entities may use any pictures, videos, or sound recordings taken of staff and campers during camp time. This agreement hereby incorporates by reference in their entirety as if fully set forth herein, the Medical history Form, and the Camper’s Registration Form. To the extent there are any conflicting terms and conditions in the incorporated agreements hereto, this Camper Liability Waiver shall control and supersede any such provisions. This agreement shall represent the full and complete agreement between the parties, and any modification of the terms set forth herein shall be effective only if in writing and signed by all parties hereto. The parties to this agreement stipulate that this agreement shall be considered to have been entered into in Oakland, California, and that any interpretation of the terms of this agreement shall be made under the law of the state of California, without respect to its conflict of laws provisions. I certify that I have read this document and that I understand and agree to all of the foregoing information, terms, and conditions.
