Parents » Event Terms & Conditions Waiver of Liability

Event Terms & Conditions Waiver of Liability

PLEASE READ CAREFULLY.

THESE TERMS & CONDITIONS (THE “TERMS AND CONDITIONS”) CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING YOUR WAIVER OF LIABILITY AND ASSUMPTION OF RISK RELATING TO YOUR PARTICIPATION IN INHERENTLY DANGEROUS EVENTS AND EXPOSURE TO COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE, CLASS-ACTION WAIVER, AND AGREEMENT TO BINDING ARBITRATION.

  1. SCHOOL SPONSORED EVENTS

From time to time, Chamlian Armenian School (“Chamlian”) either directly or indirectly, through its Parent Support Committee, may organize and/or sponsor activities and events on or off campus (each such activity or event, individually, or together, collectively, the “Event”) for Chamlian student and/or family participation.  Chamlian reserves the right to reschedule or cancel any such Event, without liability. Admission to any Event is not guaranteed. Chamlian reserves the right to require any guest to leave if they are violating any Chamlian rules.

By purchasing an admission ticket(s), and in consideration thereof, and in consideration for being able to visit and/or participate in any Event, I agree, understand, and acknowledge, on my own behalf and on behalf of any individual who uses a ticket or reservation made by me (each such person, a “Participant”), as follows:

  1. ASSUMPTION OF RISK
    1. INHERENTLY DANGEROUS EVENTS

A Chamlian Event may involve activities that are inherently dangerous and pose a risk of harm to participants or others, which risk of harm cannot be eliminated without altering the fundamental nature of the activity (each such Event, individually, or together, collectively, the “Activity”).  For the avoidance of doubt, such Activity may include, among other things, rock climbing, moon-bounces, trampolines, ice skating, roller skating, snow sledding/sliding/tubing, water play, ninja warrior and other obstacle courses.

I understand that the above examples of “Activity” are illustrative in nature and that such list is not an exhaustive list of inherently dangerous activities, such that an Activity at a Chamlian Event that is inherently dangerous may be one that is not expressly listed above.

I, for myself and the Participant, willingly assume any and all risks associated with our presence and participation and accept that there are also risks that may arise due to other participants, which I also willingly assume.

I further recognize, acknowledge, agree, and understand that there are known and unknown risks and hazards associated with presence at any Activity, participation in any Activity, and the use of any designated play area or equipment, and may arise from my own actions or other’s actions, inactions, negligence, or the condition of the Activity location(s) or facility(ies).

These risks include but are not limited to: injury to property, physical and/or phsychological injury, emotional distress, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss, other bodily injury, contusions, fractures, scrapes, cuts, bumps, or paralysis, as well as exposure to bacteria, fungus, viruses, unknown contagious diseases, and/or COVID-19.

    1. COVID-19 AND ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE: LIABILITY WAIVER, CLASS-ACTION WAIVER, BINDING ARBITRATION, AND OTHER PROVISIONS

I acknowledge that an inherent risk of exposure to the disease COVID-19 (as defined by the World Health Organization and any strains, variants, or mutations thereof) and SARS-CoV-2 (the virus that can cause COVID-19) (collectively, “COVID-19”), and any other communicable or infectious disease, exists in any public place where people are present. “Communicable disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that can be spread, directly or indirectly, from one person to another. “Infectious disease” means any disease or illness caused by microorganisms such as bacteria, viruses, parasites, or fungi that enter the body, multiply, and can cause an infection. COVID-19 is an extremely contagious communicable disease that can lead to severe illness and death. No precautions can eliminate the risk of exposure to COVID-19, and the risk of exposure applies to everyone. According to the Centers for Disease Control and Prevention (“CDC”), older adults (people 65 years and older) and people of any age who have underlying medical conditions might be at higher risk for severe illness and death from COVID-19. I acknowledge that the risk of exposure to COVID-19 and any other communicable or infectious disease includes the risk that I will expose others that I later encounter, even if I am not experiencing or displaying any symptoms of illness myself.

By visiting and/or participating any Activity at Chamlian, I agree to voluntarily assume any and all risks in any way related to exposure to COVID-19 and any other communicable or infectious disease, including illness, injury, or death of myself or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below. I acknowledge that my visit and participation are entirely voluntary.

  1. WAIVER

On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including attorney’s fees, all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way relating to my presence at any Event and/or participation in any Activity, including any injuries sustained up to and including death, and my exposure to COVID-19 and any other communicable or infectious disease. This waiver of liability and the assumption of risk set forth above is intended to be as broad and inclusive as is permitted by law.

I understand the legal consequence of these Terms and Conditions, and further understand that my presence at any Event and/or participation in Activity is subject to these Terms and Conditions, and that as a consequence of these Terms and Conditions, I am:

  • Releasing Chamlian and the Released Parties from all liability,
  • Waiving my right to sue Chamlian and the Released Parties, and
  • Assuming all risks of attending any Event and/or Participating in any Activity.
  1. ACKNOWLEDGMENT OF ASSUMPTION OF RISK; WAIVER BY OTHER USERS

I attest, acknowledge, and agree that any individual for whom I have bought a ticket or made a reservation or who uses a ticket, or reservation made by me has independently and carefully read these Terms and Conditions and knowingly and independently acknowledged and agreed to all its provisions, including without limitation (1) to voluntarily assume any and all risks in any way related to exposure to (a) any injury, up to and including death, resulting from participation in any Activity, and (b) COVID-19 and any other communicable or infectious disease, including illness, injury, or death of himself, herself, or others, and including without limitation, all risks based on the sole, joint, active or passive negligence of any of the Released Parties, named below, and (2) to agree, on his or her own behalf and on behalf of his or her heirs, executors, personal representatives, administrators, and assigns, to forever waive, covenant not to sue, release, and discharge the Released Parties, named below, from any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active, or passive negligence of any of the Released Parties, arising out of or in any way relating to their attendance at any Event or participation in any Activity and their exposure to COVID-19 and any other communicable or infectious disease during his or her visit to any Chamlian Event and/or participation in any such Activity.

  1. WAIVER ON BEHALF OF MINOR CHILDREN

For any minor child for whom I have bought a ticket or made a reservation or who uses a ticket, or reservation purchased and/or made by me, I agree and acknowledge that I am the minor child’s natural and/or otherwise legal guardian and I am authorized to and do waive and release, in advance, any of the following that would accrue to the minor child: any and all liability, claims, causes of action, damages, costs, or expenses of every kind, including all claims and causes of action based on the sole, joint, active or passive negligence of any of the Released Parties, arising out of or in any way to their attendance at any Event or participation in any Activity and their exposure to COVID-19 and any other communicable or infectious disease during such minor child’s visit to any Chamlian Event and/or participation in any such Activity.

  1. THIRD-PARTY BENEFICIARIES

I acknowledge, understand and agree that any individual for whom I have bought a ticket or made a reservation or who uses a ticket, or reservation made by me is and is intended to be a third-party beneficiary of that ticket, or reservation made by me.

  1. WAIVER OF CALIFORNIA CIVIL CODE § 1542

I acknowledge and agree that I am familiar with, understand, and do waive any rights and benefits of the provisions of Section 1542 of the California Civil Code, and any similar provisions of other jurisdictions, which provides that:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

  1. INDEMNITY/INSURANCE

On my own behalf and on behalf of my heirs, executors, personal representatives, administrators, and assigns, I agree to indemnify and hold each of the Released Parties harmless from and against any and all claims made or incurred by anyone, including myself and any individual who uses a ticket, or reservation made by me, arising out of or in any way relating to my purchase of an admission ticket(s) and/or my making of a reservation(s), and subsequent attendance at any Event and/or participation in any Activity at Chamlian, and arising out of any and all risks described above in the section titled Assumption of Risk or in any other way related to participation in any Activity or exposure to COVID-19 and any other communicable or infectious disease, wherever such activities may occur and whether suffered before, during, or after such participation.

My indemnification obligations shall include, without limitation, all attorneys’ fees and costs incurred by any of the Released Parties through and including any appeals. I understand and agree that I am not relying on the Released Parties to have arranged for, or carry, any insurance of any kind for my benefit relative to attendance at any Event and/or participation in any Activity at Chamlian, and that I am solely responsible for obtaining any mandatory or desired life, travel, accident, property, or other insurance related to my visit to and/or participation in any Activity at Chamlian, at my own expense.

  1. SCOPE

I agree that the Waiver and Indemnity provided for in these Terms and Conditions shall cover all physical and emotional injuries and/or damages, including without limitation all illness and bodily injury (including death), whether suffered by me or anyone else before, during, or after my attendance to any Event and/or participation in any Activity. Additionally, I agree that the scope of the Waiver and Indemnity shall include any claims related, in whole or in part, to my own actions and the actions of third parties, whether foreseeable or unforeseeable.

  1. TERM

The Waiver and Indemnity provided for herein applies to any and all attendances at any Event and/or participation in any Activity on any Chamlian property, arising out of the purchase of an admission ticket(s) and/or the making of a reservation(s) pursuant to which I and the Released Parties agreed to these Terms and Conditions, from the date of execution.

  1. RELEASED PARTIES

The Released Parties are: Chamlian and all officers, directors, employees, shareholders, members, volunteers, agents, contractors, sub-contractors, representatives, successors, and assigns.

  1. SEVERABILITY/PARTIAL INVALIDITY

If any provision or part thereof of these Terms and Conditions is held to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be deemed modified to conform to applicable law, or if this would cause an illogical or unreasonable result, such provision or part thereof shall be stricken from these Terms and Conditions without affecting the binding force or effect of any other part or provision.

  1. BINDING ARBITRATION

I AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING UNDER OR RELATING IN ANY WAY TO TERMS AND CONDITIONS DURING ATTENDANCE AT ANY EVENT AND/OR PARTICIPATION IN ANY ACTIVITY AT CHAMLIAN, NOW OR IN THE FUTURE, WILL BE RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION INCLUDE COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIMS, WHATEVER THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). I ACKNOWLEDGE AND AGREE THAT ARBITRATION REPLACES MY RIGHT TO GO TO COURT. I THEREFORE AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO LITIGATE ANY CLAIMS IN COURT BEFORE A JUDGE OR JURY. I AGREE THAT I THEREFORE WAIVE ANY RIGHT TO LITIGATE ANY CLAIMS IN COURT AS A CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). I ALSO AGREE TO WAIVE ANY RIGHT TO PURSUE IN ARBITRATION ANY CLASS ACTION OR OTHER REPRESENTATIVE OR COLLECTIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL), OR TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE A JUDGE OR JURY. I ALSO AGREE THAT NO ARBITRATION OR PROCEEDING CAN BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATIONS OR PROCEEDINGS.

The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of Terms and Conditions, including the arbitrability of any dispute and any claim that all or any part of these Terms and Conditions is void or voidable.

    1. In the event of a dispute, I agree to send a notice of dispute, which is a written statement that sets forth my name, address, and contact information; the facts giving rise to the dispute; and the relief requested to the Released Parties at 4444 Lowell Ave., Glendale, California 91214, Attention: Head of School/Legal
    2. The Released Parties will send any notice of dispute to me at the contact information that they have for me. The Released Parties and I will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, the Released Parties or I may commence an arbitration proceeding.
    3. Prior to commencing any Arbitration proceeding I will attempt to resolve the matter by information negotiation, however if the Released Parties and I do not so resolve a dispute within 90 days from the initial notice of dispute, then the dispute then shall be resolved by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Arbitration will be administered by JAMS Mediation, Arbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Los Angeles County, California; provided, however, that if circumstances prevent me from traveling to Los Angeles County, California, JAMS may hold an in-person hearing in my hometown area. The Released Parties and I agree to submit to the exclusive jurisdiction of the federal or state courts located in Orange County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to me individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy my individual claim. In accordance with the JAMS Rules, the party initiating the arbitration (either me or the Released Parties) is responsible for paying the filing fee. However, if the arbitrator issues me an award of damages and: (a) that award is greater than the amount of the Released Parties’ last written settlement offer; or (b) if the Released Parties did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, the Released Parties will reimburse me for the filing fees I incurred.

Except as provided above with respect to jurisdiction in Los Angeles County, California, nothing in this arbitration provision shall be construed as consent by the Released Parties to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to this agreement.

This agreement to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs its interpretation and enforcement. This agreement to binding arbitration will survive its termination. If any portion of this agreement to binding arbitration is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

  1. Governing Law

These Terms and Conditions shall be governed by the laws of the State of California.

 

Last updated 10/24/23