The parent(s) or guardian(s) (“Parent”) signing below, on behalf of Parent and the camper named above (“Camper”), agree to abide by all of the rules, regulations and policies established by Hola Mundo Camp., LLC d/b/a O-La-Moon-Do Camp (“Camp”) and the following terms and conditions.
1. PAYMENT AND CANCELLATION: Unless Parent and Camp agree in writing to an alternate payment schedule, Parent shall pay tuition and fees according to the following schedule:
• Upon submission of this application: $250 non-refundable
• By March 1st, 2023: 100% of remaining balance.
Except as set forth in Section 2, cancellation fees shall be imposed as follows, in addition to the Camp’s retention of the
$250 application fee: before March 1, 2023 -
From May 1, 2023 on, no payments will be refunded. All cancellations must be in writing.
2. LATE ARRIVAL/EARLY DEPARTURE: Except as set forth in Section 2, no allowance or reduction will be made for later arrival or early departure of Camper without the Director’s written consent prior to the camp season. The Camp may decide, in its sole discretion, make an adjustment if Camper health requires an early departure.
3. DISMISSAL OF CAMPERS: The Camp reserves the right to dismiss, in its sole discretion, any Camper whose condition, conduct, influence or behavior is deemed unsatisfactory or detrimental to the best interests of the Camp or her fellow campers or who violates camp rules, regulations or policies, in which case no refunds will be made.
4. MEDICAL CARE: Parent authorizes Camp’s medical staff to provide routine medical, optical, dental and orthodontic care to Camper without further authorization. In the event Camp cannot reach Parent in an emergency, Parent authorizes any doctor, nurse or other health care professional selected by the Camp Director(s) (“Director”), including Camp’s medical staff (each a “Professional”), at Parent’s expense, to treat Camper to whatever extent such Professionals deem necessary for Camper’s well-being until Parent can be reached and provides different instructions.
5. CAMPER MEDICAL INFORMATION: Parent shall accurately complete and submit to Camp all medical and health forms requested by the Camp. Parent must inform Director prior to registration if Camper has received professional counseling or medication for behavioral modification during the last 12 months. Parent must also inform Director immediately if such care or medication occurs after registration and prior to the camp season. Failure to so inform Director may lead to dismissal of Camper from Camp, and in the event of such dismissal, there will be no refund. Parent authorizes any Professional to communicate with others, including Director and Camper’s counselors regarding Camper’s medical condition, treatment and/or prognosis.
6. ACTIVITIES; LIVING ARRANGEMENTS; RISKS: Parent grants Camper permission to participate in all Camp activities, excursions, and special outings and understands that accidents and injuries may occur in the natural course of participation in such activities. In addition, Parent intends and agrees that Camp will involve living arrangements and a degree of independence that Camper may not have experienced previously, which have inherent risks with which Camper may not be familiar. Parent represents and warrants that Parent has explained Camp’s policies to Camper, that Camper understands those policies and will abide by them, and that Parent has instructed Camper on the importance of following those policies.
7. IMAGES, ETC: Permission is hereby given for camp to use in promoting the Camp and in other ventures directly relating to the Camp (i) digital, photographic, video, and audio images or likenesses of Camper; and (ii) statements, articles, names, music, art, photographs, audio recordings, films and videos created by Camper or originating from Camp or from a Camp related activity.
8. BELONGINGS: Camp is not responsible for Camper’s belongings or equipment while in camp, including, without limitation, as a result of mistake, theft or camp laundry. Parent warrants that Camper shall not bring valuable jewelry, collectibles or other valuable items to Camp.
9. COMPLIANCE WITH STATE REGULATIONS: Parent may request copies of the Camp’s background check, health care and discipline policies as well as procedures for filing grievances, all in accordance with the Massachusetts regulations governing summer camps. This camp must comply with regulations of the Massachusetts Department of Public Health and be licensed by the local Board of Health.
10. INDEMNIFICATION: Parent shall indemnify and hold harmless Camp, its members, managers, officers, directors, employees, staff, parent companies and affiliated companies, (each an “Indemnified Party”) for any claims, costs, losses, damages and attorneys’ fees resulting from: (a) Parent or Camper’s breach of this Application of Enrollment (the “Agreement”); (b) Camper’s violation of any rules, regulations or policies established by the Camp; (c) claims brought by Parent or Camper; and/or (d) claims by Camp to collect tuition, fees or other losses or damages.
11. EFFECTIVE DATE; DISPUTES: This Agreement, represents the complete understanding among Camp, Parent and Camper. The rules, regulations and policies established by the Camp are expressly incorporated by reference. The Agreement shall take effect and become binding upon Parent, Camper, Camp, and their respective heirs, successors and assigns, when (a) signed by parent, (b) returned to Camp, and (c) accepted by Camp. All amendments, modifications or terminations of this Agreement shall be in writing and signed by Parent (on behalf of Parent and Camper) and an authorized representative of Camp. All claims or disputes asserted against an Indemnified Party shall be brought and maintained exclusively in the courts of the Commonwealth of Massachusetts located in Berkshire County, and no other courts. Parent, on its own behalf and on Camper’s behalf, submits to the jurisdiction of such courts and waives the right to contest jurisdiction or seek removal of any proceeding brought or maintained therein. The substantive law of the Commonwealth of Massachusetts will govern such disputes without regard to conflict of law rules. Any individual bringing legal action against Camp, which action is decided in favor of Camp, will be responsible for all legal fees, court costs and out of pocket expenses of Camp, its owners and employees.
12.WAIVER: No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach of that or any other provision hereof.
13. SEVERABILITY: If any provision of this Agreement shall be deemed invalid or unenforceable, the balance of this Agreement shall remain in effect, and if any provision shall be deemed inapplicable to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances.