iU_Camper Contract_2017

Camp Improv Utopia
Hosted by Improv Utopia, Inc., a California Non-Profit Corporation
AGREEMENT AND RELEASE OF LIABILITY
CAMP IMPROV UTOPIA
By registering and paying the fee to attend Camp Improv Utopia, campers do hereby
represent and warrant that they have read and agree to the following Agreement and
Release of Liability (hereinafter referred to as the “Agreement“).
I understand that this is a legally binding agreement and release of liability of Improv
Utopia, Inc. and its operations related to the “Camp Improv Utopia” event.
1. Description of Program: Camp Improv Utopia is a three (3) day improv camp
intended for anyone age 18+ who wishes to develop or hone his/her skills in comedy
improvisation. Camp Improv Utopia, Camp Ocean Pines, Inc., Calvin Crest, and
Trout Lake have a no drug/alcohol policy while on the premises. Any campers not
adhering to these rules will be asked to leave without refund of any fees or deposits.
2. Description of Premises: The Camp Improv Utopia program is conducted at Camp
Ocean Pines, Inc., located in Cambria, California, Calvin Crest located in
Oakhurst, Ca and Trout Lake, Located in Stroudsburg, Pennsylvania. The facilities
include bunk-style cabins and indoor restrooms. There is also a large lodge and
dining hall where meals are served. Camp Improv Utopia is not responsible for
nor does it guarantee the ADA compliance of these facilities.
3. Food Service: Camp Improv Utopia fees include eight (8) meals to be prepared by
Camp Ocean Pines/Trout Lake/Calvin Crest. Campers MUST provide at least ninety
(90) days notice to the Camp Improv Utopia program of any food allergies,
sensitivities, or requirements. While all efforts will be made to make
accommodations, Camp Improv Utopia cannot guarantee that accommodations can
be made.
4. Camp Improv Utopia Workshops/Activities: Workshops and activities will be
reserved on a first-come, first-served basis. The schedule of activities will be
provided to the camper by Camp Improv Utopia; however, all courses, workshops,
and activities are subject to change at any time and are not guaranteed.
5. Pricing Camp West (Ocean Pines): The price per camper is $460.00 (four hundred
sixty dollars) for those who register and pay in full prior to October 31, 2016. For
those who pay in full between November 1st, 2016 and May 2017 the price is $475
(four hundred Seventy-five dollars) per camper.
Two-Pay Plan (Payment Plan) The Price per camper is $475 (Four hundred seventy
five dollars) for those of you who register for this prior to October 31st, 2016. Once
you register a down payment of $200 is due upon receipt. Then in 30 (thirty) days
you will be invoiced again for the remaining amount $275 (two-hundred seventy five
1 of 4
Camp Improv Utopia
Hosted by Improv Utopia, Inc., a California Non-Profit Corporation
dollars). If any amount isn’t paid within 24 hours of the invoice date your registration
will be cancelled and refunds will be issued based on our refund policy below.
The per camper fee includes bunk-bed type accommodations, eight (8) meals,
programs, workshops and camp activities at no extra cost.
We only accept payment only through PayPal. If you would like to pay with a credit
card, please check the box below and provide your PayPal* account email address.
A PayPal invoice will be sent to the address you provide below, after which you will
have 5 (five) days to pay the camping fee. If your invoice is not paid within 5 (five)
days, your reservation will be released. *You will be charged a one time nonrefundable convenience fee of $10 for using PayPal.
Payment Plans (Campers will Select One)
a. Payment in Full - $460
b. 2 Payment Plan - $475
Pricing for Camp Yosemite (Calvin Crest) The price per camper is $460.00 (four
hundred sixty dollars) for those who register and pay in full prior to May 1st, 2017.
For those who pay in full between May 1 to Sept 8,, 2017the price is $475 (four
hundred and seventy five dollars) per camper.
A payment plan is now available for you to select above. If you choose to make
payments, the price per camper for the payment option is $475 (four hundred and
seventy five dollars) until May 1, 2017 after that the price will be $485.00. The
payment plans are available only until 60 days before the first day of camp. The per
camper fee includes bunk-bed type accommodations, eight (8) meals, programs,
workshops and camp activities at no extra cost. *You will be charged a nonrefundable convenience fee of $10 for using PayPal.
Payment Plans (Campers will Select One)
a. Payment in Full - $460
b. 2 Payment Plan - $475
6. Pricing Camp East (Trout Lake) The price per camper is $460.00 (four hundred
sixty dollars) for those who register and pay in full November 1, 2016 to February 1,
2017 and after February 2, 2017 to July 1, 2017 the price is $475 (four hundred
Seventy-five dollars) per camper and $475 (Four Hundred Seventy Five) from July
2, 2017 to September 2017.
Two-Pay Plan (Payment Plan) The Price per camper is $475 (Four hundred
seventy five dollars) for those of you who register for this prior to July 1, 2017. After
July 1, 2017 the Payment Plan will cost $475 (Four Hundred Seventy Five). Once
you register a down payment of $200 is due upon receipt. Then in 30 (thirty) days
you will be invoiced again for the remaining amount $260 (two-hundred sixty
dollars). If any amount isn’t paid within 24 hours of the invoice date your registration
will be cancelled and refunds will be issued based on our refund policy below.
2 of 4
Camp Improv Utopia
Hosted by Improv Utopia, Inc., a California Non-Profit Corporation
The per camper fee includes bunk-bed type accommodations, eight (8) meals,
programs, workshops and camp activities at no extra cost.
We only accept payment only through PayPal. If you would like to pay with a credit
card, please check the box below and provide your PayPal* account email address.
A PayPal invoice will be sent to the address you provide below, after which you will
have 5 (five) days to pay the camping fee. If your invoice is not paid within 5 (five)
days, your reservation will be released. *You will be charged a one time nonrefundable convenience fee of $10 for using PayPal.
Payment Plans (Campers will Select One)
a. Payment in Full - $440 (November 2016 to February 1, 2017)
b. Payment in Full - $460 (February 2, 2017 to July 1, 2017)
c. Payment in Full - $475 (July 2, 2017 to September 2017)
d. 2 Payment Plan – $460 (July 1, 2017)
e. 2 Payment Plan - $475 (July 2, 2017 to August 1, 2017)
We only accept payment through credit card via PayPal. A PayPal invoice will be sent to
the address you provide above, after which you will have 5 (five) days to pay the
camping fee. If your invoice is not paid within 5 (five) days, your reservation will be
released. *You will be charged a one time non-refundable convenience fee of $10
for using PayPal.
7. Cancellations EAST AND WEST CAMPS: If you (the camper) request a
cancellation of your Camp Improv Utopia fees more than 90 (ninety) days in
advance, IN WRITING, a full refund will be issued within ten (10) business days.
Cancellations later than 90 (Ninety) days in advance will be charged 50% of your
total fee. Cancellations later than 60 (sixty) days in advance will be charged 100%
of your total fee and no refunds will be issued. Absolutely all cancellation/refund
requests must be in writing. We will do our best to replace your spot if we have a
waitlist, however there will be ABSOLUTELY NO REFUNDS if you cancel the
week of (7 days before the first day of camp) *All cancellations will be subject to
a $30 administration fee and any PayPal Fees will not be refunded.
a. CAMP IMPROV UTOPIA WILL TAKE PLACE RAIN OR SHINE. NO
REFUNDS DUE TO INCLEMENT WEATHER WILL BE ISSUED.
b. Camp Improv Utopia reserves the right to cancel this event should
the minimum required number of attendees not be met. In the case of
camp cancellation, campers shall be notified and refunds issued no
later than 90 days prior to the scheduled event.
8. Cancellations – YOSEMITE CAMP If you (the camper) request a cancellation of
your Camp Improv Utopia fees more than 120 (one hundred and twenty) days in
3 of 4
Camp Improv Utopia
Hosted by Improv Utopia, Inc., a California Non-Profit Corporation
advance, IN WRITING, a full refund will be issued within ten (10) business days.
Cancellations later than 120 (One Hundred and Twenty) days in advance will be
charged 50% of your total fee. Cancellations later than 90 (ninety) days in advance
will be charged 100% of your total fee and no refunds will be issued. Absolutely all
cancellation/refund requests must be in writing. We will do our best to replace your
spot if we have a waitlist, however there will be ABSOLUTELY NO REFUNDS if
you cancel the week of the first day of Camp Yosemite *All cancellations will be
subject to a $30 administration fee and any PayPal Fees will not be refunded.
a. CAMP IMPROV UTOPIA WILL TAKE PLACE RAIN OR SHINE. NO
REFUNDS DUE TO INCLEMENT WEATHER WILL BE ISSUED.
b. Camp Improv Utopia reserves the right to cancel this event should
the minimum required number of attendees not be met. In the case of
camp cancellation, campers shall be notified and refunds issued no
later than 90 days prior to the scheduled event.
9. LATE CHECK IN IS NOT PERMITTED: Camp Improv Utopia check-in begins at
4:00 p.m. on Friday for West and 3 p.m. for East and 3 p.m. for Yosemite and will
continue until 11:00 p.m. Friday night for all camps. Please arrange your travel so
that you arrive during those times, as staff WILL NOT be available to check you in
after 10:00 p.m. Friday. Check-in will re-open at 8:00 a.m. Saturday morning. If
your travel arrangements necessitate your arrival after 10:00 p.m., please plan on
making alternate sleeping arrangements for Friday night. Improv Utopia wishes to
be located at Camp Ocean Pines/Trout Lake/Camp Emerald Cove for years to
come, and that requires ensuring a certain amount of peace and quiet to our
neighbors so that we are welcome to return. Thank you for your understanding.
10. Refunds: Any refunds due to the camper will be refunded via the original method of
payment and will be processed within ten (10) business days.
11. Force Majeure: Neither party shall be liable for any failure or delay in performance
under this Agreement (other than for delay in the payment of money due and
payable hereunder) to the extent said failures or delays are proximately caused (I)
by causes beyond that party's reasonable control and occurring without its fault or
negligence, including, without limitation, failure of suppliers, subcontractors, and
carriers, or party to substantially meet its performance obligations under this
Agreement, provided that, as a condition to the claim of nonliability, the party
experiencing the difficulty shall give the other prompt written notice, with full details
following the occurrence of the cause relied upon. Dates by which performance
obligations are scheduled to be met will be extended for a period of time equal to the
time lost due to any delay so caused.
Travel: Improv Utopia is not responsible for any camper travel arrangements or
costs associated with either the booking or cancellation of any air or ground
4 of 4
Camp Improv Utopia
Hosted by Improv Utopia, Inc., a California Non-Profit Corporation
transportation, travel to/from the camp, or any other expenses incurred by the
camper.
12. Release of Liability: I, on behalf of myself, my heirs, personal representatives,
guardians, successors, and assigns, hereby release Camp Improv Utopia and
Improv Utopia, Inc. and its administrators, faculty, trustees, officers, directors,
employees, volunteers, coaches, trainers, and agents (all of whom are referred to
as “Releasees”) from, and agree not to sue Releasees, for any claims, loss, liability,
demands, causes of action, costs, expenses (including but not limited to attorneys’
fees), damages or suits of any type, whether in law or in equity, that I may have
arising from, or relating in any way (directly or indirectly) to my participation in the
camp activities, including without limitation any physical, emotional or mental injury
or property damage that I may suffer as a result of my participation in the camp
activities, to the maximum extent permitted by law.
13. Acknowledgment of Risk: I recognize and appreciate the dangers, hazards, and
risks associated with participation in the camp activities. I understand that the
dangers, hazards, and risks of the camp activities could include serious or even fatal
injuries. I acknowledge that I have fully considered the dangers, hazards, and risks
associated with my participation in the camp activities, and voluntarily assume those
dangers, hazards, and risks. I give my consent and approval for my participation in
the camp activities.
14. Emergency Medical Treatment: I understand and agree that Camp Improv
Utopia/Improv Utopia, Inc. does not have medical personnel available at the location
of the camp activities. I hereby grant permission to authorize emergency medical
treatment, if necessary, and to transport me to an appropriate facility to receive
emergency medical treatment, and that such action shall be subject to the terms of
this Agreement. I understand and agree that the Improv Utopia, Inc. assumes no
responsibility for any injury or damages which might arise out of, or in connection
with, such authorized emergency medical treatment.
15. Fitness to Participate: I hereby represent that I am physically and mentally able to
participate in the camp activities and that I have no health problems or physical or
mental conditions that would present a risk to me or to others.
16. Insurance: I represent that I am covered by a comprehensive medical plan (health
insurance) necessary to provide and pay for any and all medical costs (including but
not limited to transportation costs associated with obtaining medical care) and/or I
will assume all responsibility for medical costs incurred as a result of illness and/or
as a result of my participation in the camp activities. I agree to pay for any costs
related to my medical treatment that is not covered by insurance or if I have no
medical insurance.
5 of 4
Camp Improv Utopia
Hosted by Improv Utopia, Inc., a California Non-Profit Corporation
17. Photographs/Video: I consent to the use by Camp Improv Utopia/Improv Utopia,
Inc. of any photographs or video of me for publicity, promotion, advertising or other
legitimate purposes.
18. Binding Arbitration: Any controversy, claim or dispute arising out of or relating to
this Agreement, shall be settled solely and exclusively by binding arbitration in Los
Angeles, California. Such arbitration shall be conducted in accordance with the then
prevailing commercial arbitration rules of JAMS/Endispute ("JAMS"), with the
following exceptions if in conflict:
(a) one arbitrator shall be chosen by JAMS;
(b) each party to the arbitration will pay its pro rata share of the
expenses and fees of the arbitrator, together with other expenses of
the arbitration incurred or approved by the arbitrator; and
(c) arbitration may proceed in the absence of any party if written notice
(pursuant to the JAMS' rules and regulations) of the proceedings has
been given to such party.
Each party shall bear its own attorneys fees and expenses. The parties agree
to abide by all decisions and awards rendered in such proceedings. Such
decisions and awards rendered by the arbitrator shall be final and conclusive.
All such controversies, claims or disputes shall be settled in this manner in
lieu of any action at law or equity; provided however, that nothing in this
subsection shall be construed as precluding the bringing an action for
injunctive relief or other equitable relief. The arbitrator shall not have the right
to award punitive damages or speculative damages to either party and shall
not have the power to amend this Agreement. The arbitrator shall be required
to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT
APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES
ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN
ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING
THE PARTIES HERETO.
17. Validity: Should any part hereof for any reason be declared invalid, such decision
shall not affect the validity of any remaining portion, and such remaining portion shall
remain in force and effect as if the invalid portion had been eliminated.
18. Integration: This document constitutes the parties' entire agreement. No other
agreements, oral or written, regarding the obligations to be performed under this
Agreement exist between the parties.
6 of 4
Camp Improv Utopia
Hosted by Improv Utopia, Inc., a California Non-Profit Corporation
19. Governing Law: This Agreement shall be construed in accordance with, and
governed by, the laws of the State of California.
7 of 4