Assumption of Risk and Waiver of Claims and Liability Agreement

Please read and accept the agreement below

This agreement applies to participation in all Camp STEAM Canada activities and is a legally binding agreement. For clarity, the “Participant” is the parent or legal guardian of the child that is being enrolled in a Camp STEAM Canada activity. Camp STEAM Canada is hereafter referred to as the “Company” which includes its Directors, Officers, Members, Employees, Volunteers, Sponsors and Owners/Operators of the facilities in which the Company’s events occur.

The Participant is advised to clarify any questions or concerns before agreeing to be bound by this Agreement. This Agreement must be signed by the Participant prior to their child’s (for the purpose of this document, the term ‘child’ shall be considered to be one child or many children) participation in the Company’s event. The Participant acknowledges the terms set out in this Agreement and agrees to be bound by them.

TERMS

The Participant warrants that their child is voluntarily participating in an event (hereinafter referred to as an “Activity”, which term includes transportation to, and attendance at, events or field trip locations in addition to Camp facilities) operated or hosted by the Company.

The Participant acknowledges the Company is not responsible for any injury, damage, property damage, expense, loss of income, or loss of any kind incurred during or as a result of the Activity, even when caused by the negligence of the organization. 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. These risks include but are not limited to:

  • Executing physical movements while on breaks or simply moving from activity to activity;
  • The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
  • Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of the child's body or to the child's general health and well-being;
  • Abrasions, sprains, strains, fractures, or dislocations; Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma;
  • Physical contact with other children, equipment, and hazards;
  • Not wearing appropriate safety or protective equipment;
  • Failure to act safely or within the child’s own ability;
  • Failure to remain within designated areas;
  • Exposure to disease including COVID-19 and other contagious illnesses.

The Company may offer or promote online virtual programming which have some different foreseeable and unforeseeable risks than in-person programming. These risks include but are not limited to privacy breaches, hacking, ransomware attacks, technology malfunction or damage.

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and is very contagious. The Company has developed and implemented preventative measures to reduce the spread of COVID-19; however, the Company cannot guarantee that the child will not become infected with COVID-19. Further, participation could increase the child's risk of contracting COVID-19 or any other contagious disease. While the Company will use every best effort to demonstrate and implement reasonable precautions to protect Participants, there is no guarantee that every situation involving risk to a Participant can be avoided when participating in activities delivered by the organization.

In consideration of the Company allowing the child to participate in the Activities, the Participant agrees:

That the Participant is not relying on any oral or written statements made by the Company or their agents, contained in any medium, including but not limited to a brochure or advertisement or in individual conversations, to agree to participate in the Activities;

That the child's mental and physical condition is appropriate to participate in the Activities and the Participant assumes all risks related to the child's mental and physical condition;

To comply with the rules and regulations for participation in the Activities as outlined in any communication piece provided by the organization; extending to and including additional health and safety practices as required by the organization;

To comply with the rules of the facility(ies) and use all equipment properly and for its intended purpose only;

That if the child observes an unusual significant hazard or risk, the child will remove themselves from participation and immediately bring their observations to a representative of the Company;

The risks associated with the Activities are increased when the child is impaired, and the child will not participate if impaired in any way;

That COVID-19 is contagious in nature and the child may be exposed to, or infected by, COVID-19 and such exposure may result in-personal injury, illness, permanent disability, or death; and That the Participant is responsible for choosing the child's safety or protective equipment, such as a mask, and the secure fitting of that equipment.

The Participant acknowledges financial responsibility for the replacement value of Company property, or 3rd Party property, lost, damaged or destroyed, through acts of vandalism or theft perpetrated by the child.

DISCLAIMER

The Participant assumes all risks arising out of, associated with or related to, participation in the Activities and waives any and all claims that the Participant may have now or in the future against the Company. The Participant accepts and fully assumes all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from participation in the Activities. The Participant forever releases and indemnifies the organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which the Participant has or may have in the future, that might arise out of, result from, or relate to, participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the Company’s negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Company. The Company is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities. This Agreement is governed by the laws of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. Notwithstanding the Waiver of Claims as set out above, the Participant agrees to file any proceeding against the organization in the Province of Ontario and further agrees that the substantive law of the Province of Ontario will apply with regard to conflict of law rules.

Cancellation – Refund and Credit

Participants that have purchased camp sessions, services or merchandise products prior to June 1, 2024 may request a full refund (minus the 2.4% Credit Card Surcharge) for ANY reason, if such a request is made to Head Office on or before May 31, 2024. Please contact our Support team via email at support@campsteam.ca by calling (226) 214-2050. Please note, this applies to new purchases made for the 2024 camp season, NOT for camp sessions, services or merchandise products purchased in any previous season, for which credits were issued. Camp Session purchases made on or prior to May 31, 2024 are non-refundable as of June 1, 2024.

Camp Session purchases made on or after June 1, 2024, through to August 23, 2024, are considered FINAL SALE. No cash refunds will be granted, or credits issued, for ANY reason. Please be aware of this when purchasing camp sessions on or after June 1, 2024. If you are not agreeable to this condition, do not proceed in purchasing camp sessions. Before and After Care services are refundable at any time, including throughout the camp season, as long as the service you purchased is cancelled a minimum of one full business day prior to the start of the camp session for which you purchased the service. To cancel Before or After Care, please contact our Support team via email at support@campsteam.ca by calling (226) 214-2050.

In the event the Company cancels a camp location, session, day, service or merchandise product, before or after June 1, 2024, a full refund will be issued to the Participant. Reasons for cancellation include, but are not limited to: funding availability, lack of enrolment, insufficient staffing, or supply chain issues. Decisions to cancel camp locations is done with consideration of families searching for summer care options for their child(ren) and best efforts are made to finalize these decisions by May 15, 2024, however this is not always possible.

In the unlikely event that Camp STEAM Canada is forced to shut down due to a government order (ie. Pandemic related restrictions), the Participant will receive a credit for the full value of their purchase, to be used in the 2025 camp season.

Participants may switch their camp week(s), if notice is provided to Head Office by contacting our Support team. This must be done a minimum of 14 days in advance of the start date of the original purchased camp session and is contingent on available spots for the requested week(s). There is no guarantee that sessions will be available for your requested date(s) and location(s). To contact our Support team, please email your request to support@campsteam.ca or call (226) 214-2050 to speak with one of our Support team members.

Camp STEAM Canada reserves the right not to offer refunds or credits after June 1, 2024, under any circumstances, including, but not limited to:

  1. Inclement weather or unforeseen facility closures
  2. No air conditioning in a facility or it is hot outside
  3. A child is removed from Camp STEAM Canada as a result of inappropriate behaviour or as a result of parental bullying of Camp STEAM Canada staff
  4. A child is removed from Camp STEAM Canada because they require one on one support. One on one support is not provided at Camp STEAM Canada due to our staffing structure. Parents / guardians must disclose if a child has an EA (Educational Assistant) at school that assists with behavioural concerns. Failure to disclose this information in the camper Medical and Behavioural Form at the time of registration may result in participant removal, no refunds or credits will be issued should this occur.
  5. A health or safety situation, including situations resulting from a pandemic, epidemic or other health-related matter
  6. The Participant’s decision not to attend for any reason at any time
  7. Unforeseen illness or injury
  8. A child decides that they are “not enjoying” Camp STEAM Canada. This happens in life, and we are not under any illusion that Camp STEAM Canada is for everyone. Please talk with the camp staff about strategies to make the camp more enjoyable but realize that sometimes a child just does not enjoy something. This is no one’s fault, and children need to learn how to cope with situations that are not, in their opinion, ideal for them.

ACKNOWLEDGMENT

The Participant acknowledges that they have read and understand this agreement, that they have executed this agreement voluntarily, and that this agreement is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. It is further acknowledged that by signing this agreement the Participant has waived the right to maintain a lawsuit against the organization on the basis of any claims from which they have released herein. The Participant further acknowledges they are not entitled to a refund under any circumstances except as indicated above.

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