Agreed to by Parent
Acknowledgement of Risks In consideration of the services provided by Camp Highlander NC, 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:
I. RISK OF INJURY AND ILLNESS: We understand that my child’s participation at Camp Highlander is a purely voluntary and non-essential activity. Camp Highlander is a rustic camp situated in a beautiful mountain setting. The 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 that cannot be removed or eliminated that our child may encounter while attending and participating 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.
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, lake blobbing, whitewater rafting, kayaking, high ropes challenge tower, 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. WARNING: Under North Carolina law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities. Chapter 99E of the North Carolina General Statutes.
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 of 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.
e. IMMUNIZATIONS AND COMMUNICABLE DISEASES: We understand and acknowledge that naturally occurring disease processes (including, but not limited to, the currently widespread novel virus COVID-19) can occur in all environments in which Camp Highlander activities take place. We acknowledge that, while Camp Highlander has taken reasonable measures to avoid contact, transmittal, or exposure of the virus between people (including other campers, employees, and third parties) that it is ultimately our responsibility to ensure that our child takes appropriate actions to safeguard him/her self. We understand and agree that by allowing our child to participate at Camp Highlander, that Camp Highlander cannot and will not have any legal liabilities for exposure to or contracting any virus.
Camp Highlander recognizes that some individuals may not be fully immunized for reasons that are biophysical (e.g., the individual is allergic to a serum component) or of personal choice (e.g., faith belief). A signed refusal or a signed waiver form must be provided for individuals who are not fully immunized.
II. INFORMED CONSENT OF RISKS: 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.
III. ASSUMPTION OF RISKS: Based on the foregoing, we acknowledge, understand and accept that Camp Highlander activities include the above identified risk of injury, illness, 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.
IV. MEDICAL TREATMENT AUTHORIZATION: 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 the Participant. I further acknowledge that I have fully disclosed any pre-existing physical or mental challenges.
V. RIGHT OF REFUSAL: 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 money we have paid for the Participant.
VI. CAMP HIGHLANDER DISCRETION: Camp Highlander director’s 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.
VII. RELEASE OF ALL CLAIMS AND COVENANT NOT TO SUE: 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, ILLNESS, 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
VIII. MEDIATION AND ARBITRATION 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 a 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.
IX. CHOICE OF LAW AND FORUM: 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.
X. PERMISSION FOR PHOTOGRAPHS/VIDEO: 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.
XI. COMMUNICATION: We hereby grant Camp Highlander permission to use email addresses, cell and home phone numbers and mailing addresses for communication purposes to inform us of billing issues, reminders, alerts, promotions, promotional announcements or general questions concerning the participant.
XII. PAYMENT & CANCELLATION: Tuition must be paid by echeck from your savings or checking account, debit card or credit card. Applications must be submitted with a deposit of $1,000. This deposit will be deducted from the camp tuition. Please note that there is a 2.75% credit card recovery fee when using a debit card or credit card and a 1% recovery fee when using an echeck. If your debit card, credit card or echeck payment is declined, you will be given a 10 business day grace period to bring your account in good standing before your child’s spot is given to the next person on the waiting list.
If application is received prior to November 14, 2020, the Parent/Guardian agrees to pay the remaining balance in three payment installments. One-third of the balance is due November 15, 2020, one-third on January 15, 2021, and the final payment on March 15, 2021. Deposits for summer camp are refundable, less a $300 administrative fee, with written notice until January 15, 2021. There are no refunds for deposits after that date. Tuition payments, minus the deposit, are refundable if written notice is received prior to March 15, 2021. All cancellations must be in writing to the camp office. Parent/Guardian 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.
If application is received on or after November 15, 2020, the Parent/Guardian agrees to pay the remaining balance in two payment installments. One-half of the balance is due January 15, 2021, and the final payment on March 15, 2021. Deposits for summer camp are refundable, less a $300 administrative fee, with written notice until January 15, 2021. There are no refunds for deposits after that date. Tuition payments, minus the deposit, are refundable if written notice is received prior to March 15, 2021. There is no refund made for cancellations after March 15, 2021.All cancellations must be in writing to the camp office. Parent/Guardian 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.
If application is received on or after January 15, 2021, the Parent/Guardian agrees to pay the remaining balance on March 15, 2021. There are no refunds for deposits after January 15, 2021. Tuition payments, minus the deposit, are refundable if written notice is received prior to March 15, 2021. There is no refund made for cancellations after March 15, 2021. All cancellations must be in writing to the camp office. Parent/Guardian 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.
If application is received on or after March 15, 2021, the full tuition is due. There is no refund made for cancellations after March 15, 2021. All cancellations must be in writing to the camp office. Parent/Guardian 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.
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(S), ESTATES, AND PERSONAL REPRESENTATIVES, AND ALL MEMBERS OF OUR FAMILY, BOTH BEFORE AND AFTER THE MINOR PARTICIPANT REACHES MAJORITY.
XIII. AUTHORIZATION: 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 bind my spouse, the other parent of the participant, and/or any other guardian or custodian who may also have authority to make such agreements.