I ATTEST AND VERIFY THAT I AM SIGNING AS THE PARENT OR LEGAL GUARDIAN ON BEHALF OF THE EVOLVE CAMPS PARTICIPANT UNDER THE AGE OF 18 YEARS OR THAT I AM THE PARTICIPANT AND I AM ABOVE 18 YEARS OF AGE. By completing the registration form online for this Program for myself or as legal guardian of the Participant, in an electronic format I hereby apply for enrollment of myself or my son or daughter, on the Program provided by Evolve Snow Camps Inc., Evolve Skate Camp Inc., Evolve Camps ("Evolve Camps") subject to the following terms and conditions (the "Terms and Conditions" or "Agreement").
1) ARRANGEMENTS AND RULES: I authorize Evolve Camps and its representatives to make any arrangements, accommodations, rules and regulations they may deem advisable, in their discretion, for the well-being and welfare of Evolve Camps Participants.
2) WAIVER: In CONSIDERATION for the program and lessons being offered by Evolve Camps (hereafter "Evolve" or “Evolve Camps”), I hereby represent and warrant that I am the parent or legal guardian for the Evolve Participant and I recognize on his/her behalf (for the purposes hereof, the Participant and I shall be collectively referred to as the "Releasor") that the Evolve Camps Program in which the Releasor has elected to participate (the "Program") is designed for alpine skiing or snowboarding, skateboarding, scootering, bmx, surfing or another action sport and therefore carries with it inherent risks including, but not limited to: the hazards of traveling by bus or van, the hazards of skiing, snowboarding, skateboarding, surfing, scootering, biking or other sport, the risk of collisions with others, the risk of collisions with natural or man-made structures, the risk of mechanical breakdown; For ski/snowboard programs: the risk of falling on ice, snow or exposed ground, the risk of accident or illness on the ski hill, the risk of equipment breakdown, the dangers of wild animals, forces of nature, acts of God, extreme weather conditions, physical exertion, evacuation difficulties, and unforeseen delay. I understand that Skiing, Snowboarding, Skateboarding, Scootering, Surfing and Biking are hazardous and dangerous activities that requires strenuous exercise and various degrees of skill and experience for the different terrain conditions; I understand that these activities can result in serious injury to the person and damage to property and even death: I am aware of the risks, hazards and dangers of personal injury, death and or disability inherent in participating in any camp, program or event, and I VOLUNTARILY ASSUME SUCH RISKS. I hereby assume all the risks described above, even if EVOLVE CAMPS, and/or its instructors, independent contractors, employees or agents, through negligence or otherwise, are deemed to be liable. I hereby agree not to sue and release, waive, and discharge, Evolve Camps’ instructors, its independent contractors, employees, agents, coaches, or other participants, from any and all liability arising out of my participation in camps, programs, lessons, or during any public event, even if such liability arises out of negligence that may not be foreseeable at this time. I understand, consent to authorize, in advance, the use of my name, voice, picture or other likeness, in combination or alone, in any broadcast, telecast, print medium, advertising, promotion or other account by Evolve Camps. I represent that my minor child or I, are in sufficiently good physical condition to participate in the programs without jeopardizing his/her/my health. I understand that I, and my child, have given up substantial rights by signing this waiver and release and sign it voluntarily and without any duress. This waiver and release will be effective and binding upon my heirs, agents, personal representatives and assigns. I give my consent and permission to the Evolve Camps, and instructors, to obtain, on behalf of myself or my minor child, any emergency medical attention that may be required, at my expense, and I agree to indemnify and save you completely harmless in respect to such expenses. The undersigned, and I, if I am a minor, my parent or legal guardian, in consideration of being allowed to participate in the Evolve Camps program, program lessons, public event, and all related events and activities have executed this waiver and release.
3) CANCELLATION BY PARTICIPANT(must be by written notice to Evolve Camps): The period before 1st registered session start date dictates the cancellation charge as follows: more than 63 days before=the cancellation charge is the deposit only; 63 to 35 days before= the cancellation charge is 60% of total invoiced program cost; 34 to 13 days before=the cancellation charge is 90% of total invoiced program cost; 12 days before=the cancellation charge is 100% of total invoiced program cost.
CANCELLATION BY EVOLVE CAMPS DUE TO GOVERNMENT RESTRICTIONS: If Evolve is required to cancel a full session due to government regulations the following refund policy will be implemented: If cancelled prior to the first day of the session, a full refund will be issued, less the initial deposit amount ($25 for drop-off camps and $50 for bus camps). If the session is cancelled once it has started, a pro-rated refund will be issued based on the number of days completed (less the initial deposit amount).
4) CHANGES IN PROGRAM: I recognize that that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, bus cancellations, strikes, events emanating from political disputes, climate and other unpredictable or unforeseeable circumstances. The itinerary provided for each program is merely representative of the types of activities contemplated, and the Company is under no contractual obligation to strictly follow it. During the program, if our services in the brochure or website must be altered, in whole or in part, Evolve Camps will use all reasonable efforts to arrange for the supply of comparable services.
6) DISMISSAL AND DEPARTURE: The Participant is expected to comply with all Evolve rules and regulations. Evolve reserves the right to dismiss any Participant from the program that staff believes, in their discretion, presents a safety concern or medical risk, is disruptive, or otherwise conducts him or herself in a manner detrimental to the program. If a Participant is dismissed or departs from the Evolve Camps program for any reason, no refunds will be granted. I am responsible for all costs of early departure, whether for medical reasons, dismissal, personal emergencies or otherwise. These costs include, but may not be limited to: medical evacuation; medical treatment; and meals, accommodations, compensation and expenses for staff who may accompany the Participant.
8) MEDICAL TREATMENT: I hereby agree that if the Participant is injured or becomes ill during the program, Evolve Camps may, at my cost arrange or supply medical treatment, evacuation or any other emergency services as Evolve Camps deems necessary or appropriate for the Participant's safety and wellbeing.
9) LOST, STOLEN OR DAMAGED PROPERTY: Evolve Camps and its representatives shall not be responsible for the Participant lost, stolen or damaged personal belongings.
10) SEVERABILITY: In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
11) SUCCESSORS AND ASSIGNS: These Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Participant and their respective heirs, legal personal representatives, successors and assigns.
12) APPLICABLE LAW AND VENUE: I understand that this application and all aspects of my childs relationship with Evolve Camps will be governed by the laws of the Province of Ontario . Furthermore, any lawsuit or legal proceedings of any kind may only be filed in Toronto , Ontario , Canada .
13) COMPLETION AND PERMISSION TO PARTICIPATE: I have accurately completed the Registration Form and have read, understand and agree to the Terms & Conditions outlined above. I hereby give permission for my child to participate in all Evolve Camps program activities whether conducted by Evolve Camps staff or Evolve Camps outside contractors. This Application shall be binding only when a signed copy, together with an initial monetary deposit, has been received by Evolve Camps and then reviewed and executed by Evolve Camps