THE MOUNTAIN DAY CAMP, INC., DBA CAMP GRANITE LAKE: TERMS OF AGREEMENT

*Please note CGL online policies that supplement and/or amend our Terms of Agreement located at https://campgranitelake.com/policies.

TERMS OF AGREEMENT -- Signature required
As applicable, a parent or legal guardian (collectively “parent”) of one or more minor campers (those under 18 years of age) and/or a parent or an adult camper in a family camp group, (sometimes “you”, “your”, “I” or “my”) must sign these standard Terms of Agreement (“Terms”). Adult or minor campers (including you if you are participating) are sometimes referred to as “camper” or “camper/s”. Please read carefully, review with your minor camper/s and/or others in your family group, as applicable, sign below and contact us if you have questions.

In consideration of the services of The Mountain Day Camp, Inc., dba Camp Granite Lake (“CGL”) in allowing camper/s to participate in a CGL camp program (“program”), I agree for myself and for an on behalf of my participating minor camper/s, and/or as authorized agent for and on behalf of other participating adult family camp group camper/s as follows:

NOTE:
• These standard Terms apply to registrations for all camp programs. In addition, our online policies (linked and referenced above) supplement and/or amend these Terms and are incorporated here, by this reference. CGL will determine, in its sole discretion, the extent to which the online policies apply. If there is a conflict between the online policies and these Terms, these Terms shall govern.

• You should inform all others on whose behalf you sign regarding these Terms, which are binding on all camper/s.

APPLICATION PROCEDURE:
When CGL receives your application, deposit and these signed Terms, we will confirm your enrollment. However, final acceptance and participation in the camp session is contingent on our receipt of your application and these signed Terms, your full and timely payment and our receipt and review of all other required (completed and signed) forms, including the CGL: Acknowledgment and Assumption of Risks & Release and Indemnity Agreement, the CGL Health History Form or other form/s.

By April of 2022, CGL will provide access to additional forms. These forms must be completed and signed by June 1, 2022.

PAYMENT AND REFUND/CREDIT POLICY:
As noted above, your first installment is due with registration. Payment of the remaining balance is due based on CGL’s payment policies. Camper family payment, refund and credit policies for all programs are available at www.campgranitelake.com.*

*Our graduated refund policies are intended as liquidated damages and not as a penalty. CGL uses camper payments to prepare for programs, pay its staff and handle a myriad of other costs associated with its budget and operations, and it is therefore difficult to ascertain the amount of actual loss or damages that would result if you cancel your registration at a given point in time. As a result, the noted charges reflect a reasonable estimate of the actual costs CGL will incur in the event of camper cancellation before camp start.

RIGHT TO DISMISS A CAMPER:
CGL reserves the right not to admit or to dismiss any camper that staff believes, in their judgment, presents a safety concern or medical risk, is disruptive, or engages in behavior detrimental to the program.

NON OR LATE ARRIVAL OR EARLY DEPARTURE:

· CGL will not refund or reduce tuition if, for any reason (whether voluntary or involuntary), a camper does not attend, arrives late or leaves the program in progress (including but not limited to voluntary withdrawal, dismissal from the program, illness, injury or any other reason).

· Further, if a camper departs from the program early, camper/parent are responsible for all costs of early departure whether the departure is for medical reasons, dismissal, personal emergencies or otherwise. As an example, if a participant becomes ill during a program as a result of COVID-19 or otherwise, CGL may need to isolate camper/s, and the program could be cut short or cancelled, with participant/s incurring additional travel and medical expenses.

CGL ALTERATION OR CANCELLATION; FORCE MAJEURE:

· Please understand that the fluid and potentially changing Federal, State or County requirements/guidance or other factors associated with operating programs in the midst or wake of the COVID-19 Pandemic, may require CGL to alter, suspend or cancel its programming at any time.

· CGL reserves the right to alter any aspect of a program, before or during a program, including (e.g.) program itinerary or activities for reasons including but not limited to: weather, environment, logistics or health hazards. CGL expects families to be flexible with these changes, as they arise. Except in the event of a force majeure, refunds related to alterations will only be offered consistent with the CGL Refund Policies.

· Force Majeure: CGL reserves the right to alter or cancel a program before or after its start date, because of an Act of God or other political, social, environmental or other condition beyond its control (force majeure). Force majeure events include but are not limited to war or terrorism; civil unrest or emergency; economic collapse; governmental or other authorities’ laws, regulations or other actions, including restrictions on travel, CGL programs or otherwise; floods, fire or other natural disasters; industrial or biological disasters; and health threats, including disease outbreaks, epidemics or pandemics, such as but not limited to the current or future, but unknown impact of COVID-19 on CGL operations. Typically, these events are unexpected and may compromise the health or well-being of staff, campers or guests or otherwise prevent our performance. Often, these types of events severely impact - or make impossible or impractical - our ability to run programs (impracticability/impossibility of performance or frustration of purpose). If CGL determines, in its sole discretion, it is unable to perform, in whole or in part, because of a force majeure, CGL may alter, suspend or terminate its performance, the CGL refund policies do not apply and no refunds will be granted (unless, as determined, in CGL’s sole discretion). In the event of a force majeure, you agree that CGL will not be found in breach of these Terms and/or legally liable to parent or camper/s for any losses, costs or damages.

· In any case, if CGL alters or cancels before or during a program - regardless of whether CGL issues any refund – CGL is not responsible for any indirect, incidental, consequential or other costs, damages or fees camper/s or parent/s may incur, such as but not limited to non-refundable air or other travel tickets or change fees, equipment purchased for the trip, substituted programs, or otherwise.

NON-DISCRIMINATION POLICY:
CGL does not discriminate in its employment or admissions policies on the basis of race, color, gender, sexual orientation, religion, national or ethnic origin, age or disability. However, CGL reserves the right to refuse admission or ongoing participation on medical or health grounds, in appropriate cases. Note: CGL does allow service animals in appropriate cases. Please contact us for a copy of our service animal policy.

PHOTO STATEMENT/AUTHORIZATION:
During the program (whether on or off camp property), I authorize CGL and/or its agent/s, to photograph, film, record and/or otherwise capture the name, image, voice, verbal or written statement, photograph and/or visual likeness of camper/s or parent/s (collectively “images”), for use in any media throughout the world in perpetuity, including for reproduction or display on the internet, in publications and/or for any informational, promotional or other use without compensation to camper/s or parent/s. CGL owns these images and parent/s and camper/s waive any inspection or approval rights.

INTERNET POSTINGS; CGL PROTECTED MATERIALS:
CGL encourages campers and their families to ‘spread the good word’ about their experiences on program. At the same time, we expect campers and their parent/s to respect our organization, and not to disparage CGL in postings on the Internet (websites, Facebook, YouTube, Twitter, Instagram or other sites). Also, please understand that CGL’s website and information contain copyrighted materials, trademarks, protected trade names and logo/marks that are the sole property of CGL, and (other than downloading or printing for personal use), may not be copied, broadcast, disseminated or publicized, without our written permission.

CGL RULES include, but are not limited to:
• CGL is not responsible for campers' lost, stolen or damaged personal belongings. In addition, camper/s and parent/s of minors will be held responsible for damage to, or loss of CGL property or equipment. This may include sharing in the group's collective responsibility for willful equipment/property destruction or loss.
• CGL does not allow a camper’s possession, use and/or distribution of alcohol, cigarettes, vaping devices, tobacco or tobacco like products (such as chewing tobacco), marijuana or other illegal drugs, unauthorized prescription drugs or other controlled substances during camp, whether on or off camp property.
• Campers and staff cannot bring animals/pets to camp unless the camp director grants permission pursuant to our service animal policy. If an unauthorized pet is brought to camp, CGL is not responsible for the actions of the animal or for the animal's safety or well-being.
• CGL will not tolerate offensive or dangerous behavior or bullying, abuse or harassment in any form – whether physical or emotional, and whether expressed verbally or in writing, images or conduct, including fighting, violence, or threats.
• CGL does not allow electronics of any type at camp, including, but not limited to: cell phones, MP3 players, CD players, iPods, iPads, Kindles, etc.
• Campers may not carry or use weapons, weapon like objects or firearms of any kind during camp and/or on camp property. These will be immediately confiscated by the camp director and may not be returned. The camp director may, in their discretion, make an exception for pocketknives.

CAMPER/PARENT ACKNOWLEDGEMENT OF AND AGREEMENT TO POLICIES:

Parent of Minor Camper/s: Among other important information, the Policies for Parents contains a list of CGL activities, including anticipated field trips. These are also listed on the camp web site. Parents must notify CGL in writing at any time before the start of the camp session, if they do not want their child to participate in any activity/s. Parent acknowledges they are responsible for reviewing and abiding by the Policies For Parents, included in the parent packet and posted online (and for reviewing applicable portions of those policies with their child before arrival at camp).

Parent and/or Adult Camper: You and all camper/s are required to comply with CGL’s COVID Camp policies (https://campgranitelake.com/policies), updated periodically, as necessary. You should regularly access this link to understand and comply with existing policies and any further changes made before camp start.

PARENTAL AUTHORITY (for parents of minor camper/s):
I (the parent) certify and represent that I have the legal authority to enroll camper in the camp session, complete CGL registration, and execute all required documents. To the extent necessary, I agree that I have obtained any and all other pertinent consents or authorities (including any required by a court decree or order; for example, a divorce decree, custody order or joint parenting plan). I fully understand and agree that if a camper’s other parent (or anyone else) challenges my authority: a) the camper will not be allowed to attend camp, or, if already at camp, the camper may be sent home - in either case without a refund - if the parent/s or other parties involved cannot reach agreement, and, b) I agree to indemnify, defend and protect CGL from any claims made by the other parent or any person against CGL, to the fullest extent provided for in the CGL: Acknowledgement and Assumption of Risks & Release and Indemnity Agreement or otherwise, including payment of any costs or attorneys’ fees expended by CGL to resolve a dispute.

CGL CHANGES TO TERMS:
• Right to Change Terms. CGL reserves the right to change select provisions of these Terms, with changes reflected on its website at https://campgranitelake.com/policies. Except for policies that supplement and/or amend these Terms, as identified on our website, these standard Terms remain in full force and effect.

Parent and/or Adult Camper: I have accurately completed the Application and have read, understand and agree to the Terms outlined above and as supplemented and/or amended online. I agree to review and comply with all pertinent program materials sent and/or published on CGL’s website, including the Policies for Parents and CGL Camp COVID policies, and to complete, sign and return all required forms. The parent of a minor gives his/her child permission to participate in all CGL activities, including any field trips and programs, and be transported by CGL to and from those activities, unless CGL is specifically informed in writing before the start of the camp session. I agree that Colorado law (without regard to its conflict of laws rules) governs all aspects of campers' or parents' relationship with CGL, contractual or otherwise, and agree that any lawsuit or legal proceeding must be filed or entered into only in Jefferson County, Colorado which shall be the sole jurisdiction and venue for any such proceeding. I agree to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator.

Please complete the information below to electronically sign the CGL Terms of Agreement. If you would prefer to complete and manually sign a printable version of this document, please contact us for a printable version that you can sign and return to CGL via U.S. Mail.

I understand my signature (checkbox) is valid and legally binding whether I choose to electronically sign or manually sign a printable version of these Terms.

Electronic Signature: By clicking the ‘I agree’ button below, I understand that I am entering into and accepting the CGL Terms of Agreement as a legally binding agreement for myself and for and on behalf of my participating minor camper/s, and/or, as agent for and on behalf of any participating adult family camp group camper/s.