Participant Release & Waiver of Liability and Indemnity Agreement
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND IS LEGALLY BINDING. BY SIGNING THIS AGREEMENT, YOU ARE RELEASING PALI CAMP, INC., PALI RETREAT, AND ALL AFFILIATES (PALI) FROM ALL LIABILITY.
Assumption of Risk
I acknowledge and agree that any use of Pali facilities, services, equipment and premises (“Facilities”) and any participation in Pali programs and activities (“Programs”) comes with inherent risks including, but not limited to: (1) personal injury, (2) property damage, (3) disability, (4) death, and (5) sickness or disease. I voluntarily accept and assume full responsibility for these risks as well as any and all other risks of the use of the Facilities and participation in the Programs. I agree that I have full knowledge of the nature and extent of all such risks and am not relying on any representation not expressly described in this document.
Waiver, Release, Indemnification & Covenant Not to Sue
In consideration of the use of the Facilities and/or participation in the Programs, I agree that Pali, its officers, directors, agents, employees, volunteers, insurers and representatives (“Releasees”) shall not be liable for any personal injury, property damage, disability, death, sickness or disease incurred by myself, my family members, dependents, or guests, including minors, however occurring including, any alleged act, omission or negligence of Releasees. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, disability, death, sickness or disease sustained from possible virus or bacteria exposure and/or the use of the Facilities and participation in the Programs.
I further agree, on behalf of myself and any successors and assigns, to RELEASE, WAIVE AND COVENANT NOT TO SUE Releasees from any causes of action, claims, suits, liabilities or demands of any nature whatsoever including, but not limited to, any acts, omission or claims of negligence, which I or any successors or assigns may have, now or in the future, against Releasees on account of personal injury, property damage, disability, death, sickness, diseases or accident of any kind, arising out of or in any way related to possible virus or bacteria exposure and/or the use of the Facilities or participation in the Programs, whether that participation is supervised or unsupervised, however, the injury or damage occurs.
In further consideration of the use of the Facilities and/or participation in the Programs, I agree to INDEMNIFY AND HOLD HARMLESS Releasees from any causes of action, claims, demands, losses, suits, liabilities or costs of any nature whatsoever, for any act, omission or claims of negligence, arising out of or in any way related to possible virus or bacteria exposure and/or use of the Facilities and participation in the Programs by myself, my family members, dependents or guests, including any minors.
Memorandum of Understanding of Changes Made to Mitigate COVID-19
We are excited to be able to provide a wonderful camp experience and look forward to welcoming you to our facility soon!
Before you arrive to Pali Mountain, we want to make sure you understand how our facility is currently operating and the changes that we have made to our regular operations in order to keep our entire community as safe as possible. Our operational plan will remain a living document and will be updated as new information and recommendations become available.
1. While we wish that we could control every possible risk, and while we will use our best efforts to keep your family safe from the COVID-19 virus, we want to make clear that we cannot promise or guarantee that this or any other pathogen will not enter our facility, and that there is always a risk of you or your family becoming infected with this or any other communicable disease. We want you to be fully aware of this risk in making the decision to visit Pali Mountain, and that you are willing to assume and accept it on your family’s behalf.
2. Our efforts to keep our community safe include minimizing contact with anyone outside of the facility. As such, only registered guests will be permitted to enter Pali Mountain. No visitors will be permitted.
3. It is not recommended that you (or your family) visit Pali Mountain if you (or they) are considered to be at high risk for severe illness. If you are adamant that you and your family visit Pali Mountain despite a member of your family being at high risk for severe illness you do so at your own risk.
4. To ensure that you and your family arrive at camp in the best of health we will be in contact with you prior to your arrival to ask if you or someone in your household is exhibiting any COVID-19 symptoms or if they have been exposed to someone diagnosed with Covid-19 in the two weeks prior to their intended arrival. If you answer in the affirmative, in the interests of the health and safety of our community, your reservation will be rescheduled for a later date or canceled.
5. During your stay, if you or a member of your family begin to exhibit symptoms of COVID-19 or other communicable disease, you will be required to check out and depart from the facility as soon as possible. We understand the hardship this could present, but we want to do all we can to assure the safety of both your family as well as the safety of our other guests and staff.
6. In the interest of the health and safety of our entire camp community, if you or a member of your family develops COVID-19 related symptoms in the two weeks after you return home please notify Pali Mountain immediately. We will then perform contact tracing and reach out to everyone that you or your family member may have been in contact with to encourage them to closely monitor their health.
7. Physical distance of at least 6 feet between each family group must be maintained. Guests will not be permitted to visit and or mix with other families. Most activities will be operated for individual family groups in order to prevent mixing with other families. Select activities may be operated for multiple families at the same time if physical distancing can be maintained and equipment does not need to be shared.
8. While each family is in its own cabin or successfully maintaining physical distancing from other individuals the members of the family will not be required to wear masks. Cloth face coverings will however be required during visits to the reception area, any indoor activity or whenever physical distancing from others outside of the family is not possible. Face coverings will also be required while moving through the dining hall (not while eating – that would be quite difficult!). Any individual who is not able or willing to comply with the safety measures that have been put in place for the benefit of the staff and guests will be required to check out and depart from the facility immediately.
I hereby acknowledge that I have read and understand the points as described herein,