Terms & Conditions of Service
Revised 18 March, 2018
Fitness by the Sea, Inc. Camper Policies, Agreements, Release and Waiver of Liability
Absences and Make Up Days
Subject to camp availability, each camper is entitled to make-up days for days missed according to the following schedule: one (1) make-up day with the purchase of five (5) paid days; two (2) make-up days with the purchase of ten (10) paid days; and one (1) additional make-up day with the purchase of each additional five (5) paid days thereafter. There are no make-up days eligible for campers with fewer than five (5) paid days. Make-up days are not guaranteed and must be scheduled through the camp office (310-459-2425) at least 24 hours in advance. If a make-up day is scheduled and subsequently missed, it may not be rescheduled a second time. No refunds are given for days missed. Make-up/missed days do not carry over to future camp seasons.
Prior to June 1st all fees are refundable except the Registration Fee.
After June 1st and before the first day of the camp season (varies by year): refund for fees for cancelled camp days will be 50% of the total amount paid (after any discounts received); all fees for cancelled additional options (busing, extended care, lunch, additional uniforms, etc.) are fully refundable.
I agree to accept full responsibility, financial or otherwise, for all actions/requests by me via telephone, mail, fax, email, internet, or any other form resulting in any charges/fees associated with such requests. I agree that Fitness by the Sea may charge my credit card, e-check, or other payment method that I have on file for any such fees incurred.
I agree to accept full responsibility, financial or otherwise, for my child’s actions. If my child is dismissed from camp for improper conduct, I understand that Fitness by the Sea, Inc. will not refund any registration or enrollment fees.
Medical Treatment Release
If I can’t be reached in case of emergency, I authorize Fitness by the Sea, Inc. to obtain whatever medical treatment deemed necessary for the welfare of my child. I hereby release, indemnify and hold harmless Fitness by the Sea, Inc., its staff, the Los Angeles Department of Beaches and Harbors, and the City of Santa Monica from any and all claims arising out of injury to my child.
Release and Waiver of Liability
FOR AND IN CONSIDERATION of my child or children being permitted to utilize the facilities, equipment, services and programs of Fitness by the Sea, Inc. for any purpose, including, but not limited to use of the facilities or equipment, or receiving instruction, training, or supervision, participation in any program with, on behalf of, or affiliated with Fitness by the Sea, Inc. (hereafter FBS), the undersigned, for himself or herself and as parent or guardian of any such children and any personal representatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has personally inspected and considered such premises, facilities, equipment and programs. It is further warranted that such use of FBS premises, facilities and equipment or participation in any program constitutes an acknowledgment that such premises, facilities, equipment, and programs, have been inspected and/or carefully considered and that the undersigned finds and accepts same as being safe and reasonably suited for the purpose of such use or participation by the undersigned’s children and assumes the risks arising from the conditions of the premises, facilities, equipment and programs.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER ONTO ANY PREMISES OR FACILITIES, USE EQUIPMENT, OR PARTICIPATE IN FBS ACTIVITIES FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO USE OF FACILITIES OR EQUIPMENT, RECEIVING INSTRUCTION OR TRAINING, OR PARTICIPATING IN ANY PROGRAM AFFILIATED WITH FBS, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
1. THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE FBS, its directors, officers, employees, volunteers and agents or the Los Angeles Department of Beaches and Harbors (hereinafter referred to as “releasees”) from all liability to the to the undersigned and participating children and all their personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to the person or property, or resulting in death of such children, whether caused by the negligence of the releasees or otherwise while such participating children are in, upon, or about any FBS-related premises or facilities, or using any FBS-related equipment or participating in any program affiliated with FBS, including, but not limited to water sports and activities including but not limited to swimming and standing/walking in the water, surfing, boogie boarding, knee boarding, skim boarding, paddling, synchronized swimming and water aerobics; team sports including but not limited to basketball, volleyball, baseball, dodge ball, soccer, flag and Frisbee football, kickball, capture the flag, tug of war, in & out, and trangle, and individual sports/activities including boxing, wrestling, martial arts, gymnastics, fencing, tetherball, pillow fights, poi, bull rides, rooster fights, stage combat, stunts, American gladiators, building sand castles, ga ga, obstacle courses and running, arts and crafts, dancing, cheerleading, flags/twirling, games such as water balloons, sharks & minnows, steal the bacon, army/navy, spy games etc. skits and other physical activities such as junior lifeguards, food competitions and Theme Day activities. In consideration of accepting the registration and permitting the participation of such children in FBS programs, for myself and on behalf of any participating children, I hereby release, discharge and agree to hold harmless FBS, its employees, volunteers, officials, sponsors, and the agents, employees, officers, and directors of said persons or entities from any and all claims, demands, costs, expenses, and compensation arising out of or in any way related to any injury or damage that may result to said participating children, including any physical or other injury or death caused by the negligence of any person or entity described above.
2. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them, from any loss, liability, damage, or cost releases may incur, including reasonable attorney fees and costs, due to the presence of such participating children in, about, or upon the premises of FBS or in any way using the facilities, or equipment, or participating in any program affiliated with FBS whether caused by the negligence of releasees or otherwise.
3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned and such children due to the negligence of releasees or otherwise while in, about, or on any premises associated with FBS and/or while using any premises, facilities or equipment or participating in any program affiliated with FBS. The undersigned, for myself and on behalf of such children, our heirs, assigns and next of kin, acknowledge that participation in such outdoor activities identified generally and specifically above necessarily involve physical risks including risk of severe, permanent physical injury including bruises, scrapes, strained, sprained or torn muscles, tendons or ligaments, broken bones, dislocation of joints, concussion, brain damage, nerve and spinal cord injury, paralysis and death. For myself, and on behalf of such children, our heirs, assigns and next of kin, we willingly and voluntarily accept and assume all such risk.
4. THE UNDERSIGNED hereby grants FBS and its designees, licensees and assignees, the absolute and irrevocable right and permission to photograph, film, videotape and record and/or otherwise exploit my child’s voice, appearance, photograph, image and/or likeness (collectively, “Likeness”) in connection with my child’s participation in the events, activities and programs offered by FBS, from the date of this Release and on any date thereafter, and to use the results and proceeds thereof including, without limitation, all video and audio recordings, photographs and/or film (collectively, “Recordings”) produced by FBS (or its designees, licensees, and assignees) incorporating my child’s Likeness or any portion thereof and any and all stories, statements or actions provided by my child captured on any such Recordings (such results and proceeds referred to collectively herein as the “Material”). The undersigned agrees that FBS owns all right, title and interest in and to the Material (including any related and derivative materials produced, created or resulting therefrom), and that the undersigned does not have any right to or interest in the Material. Notwithstanding the foregoing, in the event and to the extent that the undersigned is deemed to have any right or interest in the Material or any portion thereof, the undersigned hereby assigns all of my rights (including, copyright) in and to the Material and any portion thereof to FBS, without reservation.
THE UNDERSIGNED further expressly agrees that the foregoing RELEASE, WAIVER, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Any disputes will be litigated in the County of Los Angeles and the prevailing party is entitled to reasonable attorney fees and costs.
THE UNDERSIGNED IS OF LEGAL AGE, HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, AND FURTHER AGREES THAT NO ORAL MODIFICATIONS, REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.