Agreed to by Parent
In consideration of the services provided by Camp Highlander, Inc. and its owners, agents, affiliates, independent operators and all other persons or entities associated with Camp Highlander (collectively referred to as “Camp Highlander”), and of my child’s participation in a Camp Highlander program, I (parent or guardian), myself, and my spouse if said spouse is also a parent or guardian of the Participant (collectively and individually Parent and Participant are referred to from this point as “we” “us” or “our”), do hereby UNDERSTAND, ACKNOWLEDGE, AND AGREE TO THE FOLLOWING CONDITIONS:
Camp Highlander is a rustic camp situated in a beautiful mountain setting. Terrain at Camp Highlander is hilly and rugged. Campers wishing to attend must be able to manage themselves in the camp setting with basic self-help skills away from electronics and other residential comforts. We understand that there are a number of inherent risks involved the camp activities and programs at Camp Highlander. We understand that due to the nature of camp activities, there remain risks that can result in loss or damage to property and/or loss or damage to the Participant, including accidental injury, illness, permanent trauma, disability or death. THE FOLLOWING ARE SOME, BUT NOT ALL, OF THOSE RISKS:
a. ENVIRONMENTAL HAZARDS: Camp Highlander’s participants camp, travel, and recreate out of doors, where the Participant is subject to numerous risks, including, but not limited to, environmental hazards such as weather conditions, water conditions, insects, animals (including bats and snakes), and natural conditions, such as falling rock and hidden or unavoidable obstacles. Risk of injury, illness, and/or death could arise from any of the foregoing.
b. OUTDOOR RECREATION: Camp Highlander’s activities may include, but are not limited to, hiking, backpacking, rock climbing, whitewater rafting, kayaking, zip lining, mountain biking, horseback riding, and swimming. We understand and accept that Camp Highlander programs occur in remote places where there is limited cell service and evacuation and medical care can be significantly delayed.
c. TRAVEL: Travel may be by van, bus, car, raft, canoe, bike or foot over rugged and unpredictable terrain, including steep roads, rivers, mountain passes, slippery slopes and rocks. We are aware and accept the risks of the foregoing travel methods.
d. FOOD: Meals are well balanced and served family style. Modifications can be made for true dietary allergies, but not for food preference. Camp Highlander cannot guarantee your child will not come in contact with foods he may be allergic to or other allergens. If your child has a severe allergy, asthma, or other medical condition, please contact the camp directors prior to submitting an application to discuss if Camp Highlander is equipped to properly manage your child’s needs.
We understand and agree that it is not possible for Camp Highlander to identify each and every risk that may arise during the Participant’s activities. We acknowledge that we have had a full opportunity to ask questions of the directors and staff of Camp Highlander for the staff to explain more fully the physical and natural demands and risks of the Camp Highlander programs.
Based on the foregoing, we acknowledge, understand and accept that Camp Highlander activities include risk of injury and/or death to the Participant. We understand the description of those risks as described above is not complete and that other unknown or unanticipated risks may arise. We acknowledge that the Participant’s participation in these activities is entirely voluntary and that participation is joined with full knowledge of the risks inherent in the Camp Highlander programs. WITH FULL ACCEPTANCE AND UNDERSTANDING OF THE FOREGOING RISKS, PARENT AND PARTICIPANT FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES THAT COULD BE INCURRED AS A RESULT OF PARTICIPATION IN CAMP HIGHLANDER AND ANY AND ALL OF THE ACTIVITIES WITH CAMP HIGHLANDER.
We understand that the Participant cannot participate in Camp Highlander’s programs or receive medical treatment without the required Camp Highlander medical treatment authorization executed and on file. In the event of an emergency, Parent will be notified as soon as reasonably practicable. However, if Parent cannot be reached, Parent hereby gives permission to the medical staff selected by Camp Highlander to evaluate, treat, hospitalize, secure treatment, and authorize injections, anesthesia, and surgery for Participant. I further acknowledge that I have fully disclosed any pre-existing physical or mental challenges.
We understand that Camp Highlander reserves and retains the right, at its sole discretion, to cancel, reject, and/or refuse the application, admission and/or participation of the Participant from any programs offered by Camp Highlander and that Camp Highlander can exercise this right at any time, including while the Participant is attending and/or participating Camp Highlander’s programs. We further understand that in the event Camp Highlander exercises this right, Camp Highlander may, at its sole discretion, retain or refund any and all deposits, fees, tuition or other moneys we have paid for the Participant.
Camp Highlander directors reserve the right to place each camper in the cabin we feel is best. While careful consideration is given to requests, the final decision rests with the directors. Parent agrees to support the final decision of the directors in their cabin placement of the Participant.
AS LAWFUL CONSIDERATION FOR BEING PERMITTED BY CAMP HIGHLANDER TO PARTICIPATE IN THE PROGRAM, PARENT AND PARTICIPANT, ON BEHALF OF THEMSELVES, THEIR HEIRS AND/OR SUCCESSORS, DO HEREBY RELEASE, DISCHARGE, WAIVE, AND PROMISE NOT TO SUE CAMP HIGHLANDER, INC., AND/OR ITS RESPECTIVE OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, ADMINISTRATORS, AGENTS, EMPLOYEES, VOLUNTEERS, OTHER PARTICIPANTS, OFFICIALS, SPONSORS, RESCUE PERSONNEL, AND/OR ALL OTHER PERSONS OR ENTITIES ASSOCIATED WITH CAMP HIGHLANDER AND ITS PROGRAMS FOR AND FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES FOR PROPERTY DAMAGE, MONEY DAMAGES, PERSONAL INJURY, AND/OR DEATH ARISING FROM AND/OR RELATED TO THE PARTICIPANT’S PARTICIPATION IN AND/OR INVOLVEMENT WITH CAMP HIGHLANDER AND/OR RELATED TO OR ARISING OUT OF THIS AGREEMENT
We agree that if there is a legal dispute with Camp Highlander that cannot be settled through discussions between the parties, Parent and Camp Highlander will first attempt to settle the dispute through mediation before a mutually acceptable mediator. To the extent mediation does not result in resolution, we agree to submit the dispute to binding arbitration through the American Arbitration Association in North Carolina. We also agree to pay all costs and attorneys’ fees incurred by Camp Highlander in defending a claim or suit, if the claim or suit is withdrawn us or if the arbitration determines that Camp Highlander is not responsible for the injury or loss.
Any dispute or complaint we might have against Camp Highlander arising out of the Participant’s participation at Camp Highlander, this Agreement and/or any other agreement we have executed with Camp Highlander, its officers, directors, employees, volunteers, agents or independent operators shall be governed by the substantive laws of the State of North Carolina, and any mediation, arbitration, and/or lawsuit shall be brought and/or filed in Henderson County, North Carolina.
Camp Highlander is hereby granted permission to use any individual or group photographs and/or videos taken at camp, showing Participant in camp activities, for publicity and brochure purposes.
Parent has enclosed a check or credit card number for a $500.00 deposit (of which $250.00 is non-refundable) that will be deducted from camp tuition. Parent agrees to pay the remaining balance in full by April 1, 2015. All applicants after April 1, 2015, agree to pay tuition in full upon application. All camp fees are refundable except $250.00 of the deposit before April 1, 2015, and cancellations MUST be in writing to the camp office before April 1, 2015. If Parent cancels after April 1, 2015, Parent understands that all camp tuition, minus the $250.00, will be credited toward the summer of 2016 tuition for Participant. Parent understands there will be NO REFUND for cancellations, late arrivals or early departure from camp, including departure due to injury, illness or disciplinary dismissal of Participant. PLEASE MAKE CHECKS PAYABLE TO: CAMP HIGHLANDER.
WE HAVE READ, UNDERSTAND, AND ACCEPT THE TERMS AND CONDITIONS STATED HEREIN AND ACKNOWLEDGE THAT THE TERMS OF THIS AGREEMENT ARE REASONABLE AND SHALL BE EFFECTIVE AND BINDING UPON THE UNDERSIGNED AND THEIR HEIRS, THE PARTICIPANT, ESTATES, AND PERSONAL REPRESENTATIVES, AND ALL MEMBERS OF OUR FAMILY, BOTH BEFORE AND AFTER THE MINOR PARTICIPANT REACHES MAJORITY.
I, the undersigned Parent/Guardian state affirmatively that I have legal custody over the Participant, a minor child, and have complete authority to sign this Agreement on the Participant’s behalf. My consent and agreement to the terms hereof binds my spouse, the other parent of the participant, and/or any other guardian or custodian who may also have authority to make such agreements.