SHOMRIA FAMILY CAMP AGREEMENT
This AGREEMENT is made between Hashomer Hatzair, Inc. d/b/a Camp Shomria ("Camp") and (Insert names of all participants over the age of 18) ____________________________________________________________________________("Family").
1. PREMISES
The Camp agrees to lease to Family the use of Camp’s recreational facilities at 52 Lake Marie Road in Liberty, New York (the "Property") under the terms and conditions specified in this agreement and subject to the attached Use Protocols and Rules and Regulations. It is understood by Family that this lease will not take place if fewer than 20 families (including Family) register for Family Camp during the period from August 14, 2020 through August 24, 2020.
2. TERM
The term of this agreement is from ________ to ________ (the "Term"); provided, however that the Term can be extended with the written consent of Camp. There shall be no refunds or reductions for inclement weather or for any other reason unless Family Camp is cancelled as specified in Section 1 hereof.
3. RENTAL
Family agrees to pay a base fee of $200 for each weekend day and $190 for each weekday during the Term and any extension thereof, with a 10% discount if the Term exceeds ten (10) days ("Fee").
(a) The full Fee must be paid at execution of this agreement by Family.
(b) In the event of cancellation by Family less than 7 days from commencement date, Family will be liable for one half of the total Fee.
4. INSPECTION
Family acknowledges that it was offered the right to schedule an inspection of the Property with an authorized camp staff member before signing this agreement. In addition, a designated member of Family may inspect the property upon arrival. Family understands that it is expected to bring any concerns to the immediate attention of Camp, and that such concerns will not entitle Family to a refund of the Fee.
5. RESPONSIBILITIES AND ACKNOWLEDGEMENTS OF FAMILY
(a) Family agrees to provide all necessary supervision of its members and any guests in attendance, and to provide adult leadership and supervision in all areas and cabins where youth shall be present and sleep.
(b) Family agrees to be responsible for maintenance of the condition of all cabins and facilities, including housekeeping.
(c) Family agrees to provide all bed linens and towels it requires.
(d) Family will cooperate with the Camp’s manager and other guests who may be sharing the facilities.
(e) Family will notify Camp of the exact number of its participants, including names, ages and contact information if they are bringing children of whom they are not the parents or guardians, not less than ten days prior to commencement date.
(f) Family agrees to adhere to all Use Protocols and Rules and Regulations listed below in Appendices A and B. Violation of any provisions of the Use Protocols or the Rules and Regulations shall result, at the Camp’s sole discretion, termination of this agreement without refund. In addition, Family shall be liable for any costs incurred by Camp as a result of such violation.
(g) Family acknowledges there are no on-site medical facilities at the Property. The closest hospital is Catskill Regional Medical Center which is an approximately 15-minute drive from the Property.
(h) Family agrees to notify Camp of any food allergies or preferences not less than ten days prior to the Term so that reasonable accommodations can be discussed.
(j) Family agrees that Camp shall not be responsible for any damage to individuals or personal property at the Property, and a representative of Family shall promptly report all accidents or injuries to the Camp’s manager. Family accepts full responsibility for such injuries or damage and agrees to indemnify and hold harmless Camp from any claims or causes of action, including attorney fees and other costs of defense, arising out of the acts or omissions of Family or any of its participants, guests, employees or agents..
(k) Family understands that Camp will not provide any supervision over its members, children or over any other groups. ALL ADULT MEMBERS OF FAMILY ARE RESONSIBLE FOR THEIR OWN SAFETY AND THAT OF ANY MINORS LISTED BY FAMILY AS THEIR PARTICIPANTS.
(l) Family represents that all members of its party are in good health and physically able to participate in activities offered by Camp. Family agrees to let Camp know if anyone in its party requires reasonable accommodations.
(o) Family acknowledges that copies of this Agreement must be signed by all adult members of its party as well as by a parent or guardian of anyone in its party who is under the age of 18. No one will be permitted on to the Property unless an Agreement has been signed. In addition, in the event that any guests come to the Property, Family will ensure that all such guests are brought to the attention of Camp staff and sign a Covid Waiver.
6. COVID ASSUMPTION OF LIABILITY AND WAIVER
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Camp has put in place preventative measures to reduce the spread of COVID-19; however, Camp cannot guarantee that Family, its participants or guests will not become infected with COVID-19 because of their presence at the Property. Further, Family acknowledges that being at the Property and participating in activities sponsored by Camp could increase the risk to Family of contracting COVID-19. By signing this Agreement, Family acknowledges the contagious nature of COVID-19 and voluntarily assume the risk that Family, its participants and guests may be exposed to or infected by COVID-19 by being at the Property or involved in activities sponsored by Camp during the Term and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Family understands that the risk of becoming exposed to or infected by COVID-19 at the Property or because of any involvement in activities sponsored by the Camp may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Camp's employees, volunteers, and program participants and their families. Family voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to Family, its participants or guests (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that they may experience or incur in connection with their presence at the Property, participation in Camp programming or involvement in activities sponsored by the Camp (“Claims”). Accordingly, Family hereby releases, covenants not to sue, discharges, and holds harmless Camp, its employees, agents, and representatives, of and from any and all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Family understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of Camp, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after the Term.
7. ARBITRATION CLAUSE: If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in New York County.
8. ASSIGNMENT: This Agreement may not be assigned nor subleased by the Family without the express prior written consent of Camp.
9. This Agreement shall be governed by the laws of the State of New York.
This Agreement is signed and agreed to this ___ day of ___________, 2020.
For Camp:
__________________________________
For Family (all participants over 18 and appropriate guardians for individuals under 18)
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
Appendix A
USE PROTOCOLS
Camp has established Use Protocols to provide a safe environment for all guests. By following them Family will be contributing to the health and safety of everyone at the Property, from staff to other guests and to members of your party. If anyone is unsure of their responsibilities, please contact a member of Camp's staff.
a. Fires on the property may only be in designated areas and must be approved by the Facility Manager.
b. Cars shall be parked in designated parking areas only. NO CARS SHALL BE PARKED AROUND CABINS.
c. Smoking is permitted only in designated smoking areas.
d. Only leashed pets are permitted.
e. Firearms or weapons of any kind are not permitted on the property at any time. No fireworks are permitted.
f. Designated quiet times shall be from 10:00 PM at night through 7:00 AM each morning.
g. Facility equipment and furnishings may not be moved without approval of the Facility Manager. Mattresses are not to be removed from the sleeping rooms. If items are removed, Family agrees to pay for any costs of cleaning or repair.
h. Family shall not have the exclusive use of the facility.
i. Illegal substances and non-prescribed drugs are not permitted on the Property at any time.
j. Family shall adhere to all laws regarding alcohol use, including serving anyone under 21 or any visibly intoxicated persons. Family acknowledges that because other families may be present at camp it is considered a “public place” for purposes of laws pertaining to public drunkenness, and that anyone exhibiting drunken behavior may, at the sole discretion of Camp, be required to leave the premises without any refund.
k. The following facilities will be available for Family’s use: the cabin(s) assigned to Family, dining room, art room, basketball, and soccer courts. All other facilities should be considered closed unless written arrangements have been made. Upon arrival Family will receive a schedule designating the times that it may use each facility. It is important to adhere to this schedule in order to provide a safe environment and adhere to social distancing protocols. Camp will attempt to be as fair as possible in scheduling Family's times and no changes can be made without written permission from Camp. Weather factors may interfere with scheduled times, and Camp will try to make accommodations whenever reasonably possible, but Camp of course cannot guarantee the weather.
l. It is Family’s responsibility to bring to the Property any equipment such as balls, racquets, arts, and crafts, etc. that may be touched or handled by any individual as for safety reasons Camp will not be providing these items.
Appendix B
Rules and Regulations
In order to comply with various guidelines and the advice of our medical staff, the following conditions are mandatory:
1. Dining – Upon arrival, Family will be assigned a specific time and location for meals. Family may not extend its time in the dining room by coming early or overstaying.
2. Facilities – Upon arrival Family will be assigned specific times for the use of facilities such as the fields, basketball courts, and other areas. Unless otherwise specified these shall be the only facilities available for use. As stated in Use Protocols, Camp will try to make accommodations if weather interferes with use but cannot guarantee that such accommodations can be made. Family will not attempt to change the schedule unilaterally.
3. Social Distancing - As there may be other family groups at the facility, Family agrees to practice social distancing and wearing of protective face coverings in accordance with applicable guidelines and the recommendations of our medical staff.
4. Equipment - Family will not attempt to use equipment brought by any other family or belonging to Camp.
5. Behavior in the Community - In order to maintain good relations with our local community and to enhance the Family Camp experience, Camp asks that if Family decides to leave the Property during the Term, Family shall make every effort to stay safe - social distanced and wear masks.
6. Covid - Family represent that no one in their party is currently ill with COVID-19 or other communicable disease or has been in contact with anyone who is ill with COVID-19 in the past fourteen days, and that no one is presently exhibiting symptoms of COVID-19. If any of their participants does exhibit any such symptoms during the Term, Family is to notify Camp immediately and thereafter follow the directions of Camp, which may include quarantine, going to a medical facility or returning home.
7. Changes - Camp may modify or add Rules and Regulations at its discretion. Otherwise there can be no changes unless agreed to in writing by Camp.
This AGREEMENT is made between Hashomer Hatzair, Inc. d/b/a Camp Shomria ("Camp") and (Insert names of all participants over the age of 18) ____________________________________________________________________________("Family").
1. PREMISES
The Camp agrees to lease to Family the use of Camp’s recreational facilities at 52 Lake Marie Road in Liberty, New York (the "Property") under the terms and conditions specified in this agreement and subject to the attached Use Protocols and Rules and Regulations. It is understood by Family that this lease will not take place if fewer than 20 families (including Family) register for Family Camp during the period from August 14, 2020 through August 24, 2020.
2. TERM
The term of this agreement is from ________ to ________ (the "Term"); provided, however that the Term can be extended with the written consent of Camp. There shall be no refunds or reductions for inclement weather or for any other reason unless Family Camp is cancelled as specified in Section 1 hereof.
3. RENTAL
Family agrees to pay a base fee of $200 for each weekend day and $190 for each weekday during the Term and any extension thereof, with a 10% discount if the Term exceeds ten (10) days ("Fee").
(a) The full Fee must be paid at execution of this agreement by Family.
(b) In the event of cancellation by Family less than 7 days from commencement date, Family will be liable for one half of the total Fee.
4. INSPECTION
Family acknowledges that it was offered the right to schedule an inspection of the Property with an authorized camp staff member before signing this agreement. In addition, a designated member of Family may inspect the property upon arrival. Family understands that it is expected to bring any concerns to the immediate attention of Camp, and that such concerns will not entitle Family to a refund of the Fee.
5. RESPONSIBILITIES AND ACKNOWLEDGEMENTS OF FAMILY
(a) Family agrees to provide all necessary supervision of its members and any guests in attendance, and to provide adult leadership and supervision in all areas and cabins where youth shall be present and sleep.
(b) Family agrees to be responsible for maintenance of the condition of all cabins and facilities, including housekeeping.
(c) Family agrees to provide all bed linens and towels it requires.
(d) Family will cooperate with the Camp’s manager and other guests who may be sharing the facilities.
(e) Family will notify Camp of the exact number of its participants, including names, ages and contact information if they are bringing children of whom they are not the parents or guardians, not less than ten days prior to commencement date.
(f) Family agrees to adhere to all Use Protocols and Rules and Regulations listed below in Appendices A and B. Violation of any provisions of the Use Protocols or the Rules and Regulations shall result, at the Camp’s sole discretion, termination of this agreement without refund. In addition, Family shall be liable for any costs incurred by Camp as a result of such violation.
(g) Family acknowledges there are no on-site medical facilities at the Property. The closest hospital is Catskill Regional Medical Center which is an approximately 15-minute drive from the Property.
(h) Family agrees to notify Camp of any food allergies or preferences not less than ten days prior to the Term so that reasonable accommodations can be discussed.
(j) Family agrees that Camp shall not be responsible for any damage to individuals or personal property at the Property, and a representative of Family shall promptly report all accidents or injuries to the Camp’s manager. Family accepts full responsibility for such injuries or damage and agrees to indemnify and hold harmless Camp from any claims or causes of action, including attorney fees and other costs of defense, arising out of the acts or omissions of Family or any of its participants, guests, employees or agents..
(k) Family understands that Camp will not provide any supervision over its members, children or over any other groups. ALL ADULT MEMBERS OF FAMILY ARE RESONSIBLE FOR THEIR OWN SAFETY AND THAT OF ANY MINORS LISTED BY FAMILY AS THEIR PARTICIPANTS.
(l) Family represents that all members of its party are in good health and physically able to participate in activities offered by Camp. Family agrees to let Camp know if anyone in its party requires reasonable accommodations.
(o) Family acknowledges that copies of this Agreement must be signed by all adult members of its party as well as by a parent or guardian of anyone in its party who is under the age of 18. No one will be permitted on to the Property unless an Agreement has been signed. In addition, in the event that any guests come to the Property, Family will ensure that all such guests are brought to the attention of Camp staff and sign a Covid Waiver.
6. COVID ASSUMPTION OF LIABILITY AND WAIVER
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Camp has put in place preventative measures to reduce the spread of COVID-19; however, Camp cannot guarantee that Family, its participants or guests will not become infected with COVID-19 because of their presence at the Property. Further, Family acknowledges that being at the Property and participating in activities sponsored by Camp could increase the risk to Family of contracting COVID-19. By signing this Agreement, Family acknowledges the contagious nature of COVID-19 and voluntarily assume the risk that Family, its participants and guests may be exposed to or infected by COVID-19 by being at the Property or involved in activities sponsored by Camp during the Term and that such exposure or infection may result in personal injury, illness, permanent disability, and death. Family understands that the risk of becoming exposed to or infected by COVID-19 at the Property or because of any involvement in activities sponsored by the Camp may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Camp's employees, volunteers, and program participants and their families. Family voluntarily agrees to assume all of the foregoing risks and accept sole responsibility for any injury to Family, its participants or guests (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that they may experience or incur in connection with their presence at the Property, participation in Camp programming or involvement in activities sponsored by the Camp (“Claims”). Accordingly, Family hereby releases, covenants not to sue, discharges, and holds harmless Camp, its employees, agents, and representatives, of and from any and all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. Family understands and agrees that this release includes any Claims based on the actions, omissions, or negligence of Camp, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after the Term.
7. ARBITRATION CLAUSE: If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in New York County.
8. ASSIGNMENT: This Agreement may not be assigned nor subleased by the Family without the express prior written consent of Camp.
9. This Agreement shall be governed by the laws of the State of New York.
This Agreement is signed and agreed to this ___ day of ___________, 2020.
For Camp:
__________________________________
For Family (all participants over 18 and appropriate guardians for individuals under 18)
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
Appendix A
USE PROTOCOLS
Camp has established Use Protocols to provide a safe environment for all guests. By following them Family will be contributing to the health and safety of everyone at the Property, from staff to other guests and to members of your party. If anyone is unsure of their responsibilities, please contact a member of Camp's staff.
a. Fires on the property may only be in designated areas and must be approved by the Facility Manager.
b. Cars shall be parked in designated parking areas only. NO CARS SHALL BE PARKED AROUND CABINS.
c. Smoking is permitted only in designated smoking areas.
d. Only leashed pets are permitted.
e. Firearms or weapons of any kind are not permitted on the property at any time. No fireworks are permitted.
f. Designated quiet times shall be from 10:00 PM at night through 7:00 AM each morning.
g. Facility equipment and furnishings may not be moved without approval of the Facility Manager. Mattresses are not to be removed from the sleeping rooms. If items are removed, Family agrees to pay for any costs of cleaning or repair.
h. Family shall not have the exclusive use of the facility.
i. Illegal substances and non-prescribed drugs are not permitted on the Property at any time.
j. Family shall adhere to all laws regarding alcohol use, including serving anyone under 21 or any visibly intoxicated persons. Family acknowledges that because other families may be present at camp it is considered a “public place” for purposes of laws pertaining to public drunkenness, and that anyone exhibiting drunken behavior may, at the sole discretion of Camp, be required to leave the premises without any refund.
k. The following facilities will be available for Family’s use: the cabin(s) assigned to Family, dining room, art room, basketball, and soccer courts. All other facilities should be considered closed unless written arrangements have been made. Upon arrival Family will receive a schedule designating the times that it may use each facility. It is important to adhere to this schedule in order to provide a safe environment and adhere to social distancing protocols. Camp will attempt to be as fair as possible in scheduling Family's times and no changes can be made without written permission from Camp. Weather factors may interfere with scheduled times, and Camp will try to make accommodations whenever reasonably possible, but Camp of course cannot guarantee the weather.
l. It is Family’s responsibility to bring to the Property any equipment such as balls, racquets, arts, and crafts, etc. that may be touched or handled by any individual as for safety reasons Camp will not be providing these items.
Appendix B
Rules and Regulations
In order to comply with various guidelines and the advice of our medical staff, the following conditions are mandatory:
1. Dining – Upon arrival, Family will be assigned a specific time and location for meals. Family may not extend its time in the dining room by coming early or overstaying.
2. Facilities – Upon arrival Family will be assigned specific times for the use of facilities such as the fields, basketball courts, and other areas. Unless otherwise specified these shall be the only facilities available for use. As stated in Use Protocols, Camp will try to make accommodations if weather interferes with use but cannot guarantee that such accommodations can be made. Family will not attempt to change the schedule unilaterally.
3. Social Distancing - As there may be other family groups at the facility, Family agrees to practice social distancing and wearing of protective face coverings in accordance with applicable guidelines and the recommendations of our medical staff.
4. Equipment - Family will not attempt to use equipment brought by any other family or belonging to Camp.
5. Behavior in the Community - In order to maintain good relations with our local community and to enhance the Family Camp experience, Camp asks that if Family decides to leave the Property during the Term, Family shall make every effort to stay safe - social distanced and wear masks.
6. Covid - Family represent that no one in their party is currently ill with COVID-19 or other communicable disease or has been in contact with anyone who is ill with COVID-19 in the past fourteen days, and that no one is presently exhibiting symptoms of COVID-19. If any of their participants does exhibit any such symptoms during the Term, Family is to notify Camp immediately and thereafter follow the directions of Camp, which may include quarantine, going to a medical facility or returning home.
7. Changes - Camp may modify or add Rules and Regulations at its discretion. Otherwise there can be no changes unless agreed to in writing by Camp.
