TERMS, CONDITIONS, AND RELEASE OF LIABILITY AGREEMENT
I, the undersigned, hereby acknowledge that I am over the age of 18, that I am the parent and/or legal guardian, and that I have the authority to make agreements on behalf of my child. I further acknowledge that I have voluntarily chosen to enroll my child in the Manhattan College Summer Day Camp operated by Manhattan College. I also give consent to my child's participation in camp-related activities.
ACCEPTANCE OF RISKS AND RELEASE FROM LIABILITY
I understand that certain risks are inherent in any hands-on educational activity. I agree that there may be a risk of injury or harm to my child due to camp activities, and I knowingly and voluntarily assume all risks of such injury or harm. I also understand and agree that it is my and my child's responsibility to safeguard personal belongings. I knowingly and voluntarily assume all risk that personal belongings brought to camp may be lost, misplaced, damaged, or stolen. I hereby waive and release Manhattan College (and its owners, agents, partners, representatives, employees, contractors, and camp staff) from any claims, injuries, causes, actions, liabilities, demands, losses, legal or equitable, of any kind whatsoever arising out of or in any way related to any loss or damage of property, injury, illness, disease, loss of services, medical bills, charges or otherwise, including death, which may arise out of or in any way be related to my child's participating in the camp, whether occurring inside, on, outside, or off college property, during participation in the camp or related activities and for the duration of said activities and whether known or unknown, foreseen or unforeseen, including any and all legal and attorneys' fees and court costs.
SAFETY & CONDUCT
For everyone’s safety, children must follow all staff instructions. I understand that if my child's actions or attitude are deemed detrimental to other camp participants, camp staff, the camp's safety, or the general camp atmosphere, he or she may be sent home. I agree to accept full responsibility, financially or otherwise, for my child's conduct — including paying restitution for damage to college equipment and property, camp facilities, and/or personal property of other participants. Manhattan College is not required or expected to protect camp participants from theft or damage to property.
MEDICAL AUTHORIZATION & SPECIAL NEEDS
I understand and agree that I am responsible for determining my child's medical, physical, or other qualifications and suitability for participating in the camp and its activities (including games and instruction). I acknowledge that Manhattan College is not responsible if my child contracts COVID-19 during or after summer camp hours. Although the camp cannot guarantee that my child doesn’t get COVID-19, I am aware that the trained staff abides by the CDC guidelines by constantly monitoring the campers, frequently cleaning, and encouraging social distancing. I agree to disclose to college and camp staff any pertinent medical, physical, or other conditions and special needs that may affect my child's participation in these activities. I understand measures will be taken to safeguard all participants' health and safety; however, in the event of need, I hereby grant permission to Manhattan College or its authorized representatives to arrange for such medical care that my child may require. This includes minor medical care by Manhattan College staff members. In the event of serious injury or illness, the staff will call 911. The staff will also use all reasonable efforts to contact the parent, guardian, and/or people listed as emergency contacts. I am aware that the college assumes no liability for the costs or provision of medical care if care is needed during or after this program.
COVID-19 WAIVER
I understand and acknowledge that:
- By registering and attending the program, I agree to abide by all health and safety guidelines and recommendations promulgated by Manhattan College (COLLEGE).
- I or my child is allowed to participate in the program, hosted by COLLEGE during a COVID-19 pandemic, ON THE CONDITION THAT I REVIEW and COMPLY WITH any and all SAFETY REQUIREMENTS AND PROTOCOLS that are identified by COLLEGE, including but not limited to the requirements described in the Visiting Campus (https://manhattan.edu/return-to-campus/Visiting-Campus) section of our website, and are subject to change;
- COVID-19 and especially its variants are extremely contagious and spread primarily by person-to-person contact;
- Illness, death, and serious chronic conditions can be caused by COVID-19 and its variants;
- According to the CDC, there is evidence that COVID-19 and its variants can be spread by asymptomatic and pre-symptomatic individuals, including even by vaccinated individuals, which can result in the “silent” spread of the virus;
- Although vaccination appears to be a safe and effective way to reduce the risk of infection and serious illness, no vaccine is 100% effective; and
- DESPITE ADHERING TO PRECAUTIONS, THERE IS A POSSIBILITY THAT I or my child WILL BE EXPOSED TO AND/OR CONTRACT COVID-19 AT THE program.
LIABILITY WAIVER AND RELEASE OF CLAIMS:
My or my child's participation in the program is willing and voluntary and I derive personal satisfaction and a benefit by virtue of my or my child's participation in the program.
RISK OF INFECTION.
I acknowledge and understand the following:
1. Participation includes possible exposure to and illness from COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
2. I ASSUME ALL SUCH RISKS RELATED TO COVID- 19 on my behalf and my child's behalf.
PHOTO & VIDEO RELEASE
Some camp sessions may be videotaped or photographed. I grant permission to use my child’s image and voice by registering for this camp, which may be captured by video, photo, digital camera, or other media, for college training, promotional materials, publications, and other marketing purposes.
CANCELLATIONS, REFUND PROCESSING & CHANGES
Manhattan College reserves the right to vary its programs and to reschedule or cancel an event if it is under-subscribed or for any other reason. Manhattan College attempts to give participants at least two (2) weeks’ notice if an event is rescheduled or canceled. Please make sure you provide a valid email address and phone number during registration. If Manhattan College cancels events for any reason, you will receive a full refund, less a one-time processing fee of $100.00. If the camper cancels attendance at camp for any reason and provides at least two (2) weeks’ notice of cancellation before the camp start day in June, the camper will also be entitled to a full refund less the one-time processing fee of $100.00. Cancellation of camp attendance by the camper with less than two (2) weeks’ notice forfeits the camper’s rights to a refund. Please keep in mind that refund processing usually takes 4 – 6 weeks (this timeframe depends on your financial institution).
GOVERNING LAW, JURISDICTION & MEDIATION
I acknowledge that this Agreement shall be governed by the laws of the State of New York. I consent to the exclusive jurisdiction and venue of the federal and state courts in New York in any litigation arising out of or relating to this Agreement.
I agree that any dispute arising out of or relating to this Agreement shall first be attempted to be resolved by non-binding mediation. Mediation shall be held in the state and county in which the camp is held. Either party to this Agreement may enforce the mediation provision.
I hereby acknowledge that I agree to and will comply with the terms of the mediation provision. Should any part of this Agreement be found invalid or not enforceable by a court of law, then the remaining portion shall continue to be valid and enforceable.
This Agreement constitutes the entire Agreement between Manhattan College and me.
I acknowledge that I have read and agreed to all the terms outlined in this Agreement by viewing this document.
By signing below, I RELEASE AND WAIVE ANY AND ALL LIABILITY, DEMANDS, AND/OR CLAIMS AGAINST COLLEGE or its partners or sponsors, including the directors, officers, employees, volunteers, or agents of COLLEGE, its partners, or sponsors, BASED ON ANY COVID-19 RELATED INJURY, including sickness or even death, OR LOSS, including loss of money or property, THAT RESULTS FROM MY PARTICIPATION IN THE program, even if my injury or loss is caused by COLLEGE’s negligence