Terms and Conditions
Terms and Conditions
GENERAL RELEASE WAIVER
I, the undersigned Releasor, execute this General Release and Waiver of Claims ("Release") in favor of Surf for Life, a California public benefit corporation ("Surf For Life"), in connection with my proposed participation in the trip described as "Surf For Life Volunteer Week", during which participants will be working on volunteer projects and any other related activities in which I may engage (collectively, the "Event").
In consideration for Surf For Life’s consent to my participation in the Event, I hereby voluntarily waive and relinquish any right, claim or cause of action which I, my spouse, heirs, personal representative or other successor-in-interest may in the future have against Surf For Life and its directors, officers, employees, authorized agents, predecessors and successors-in-interest (collectively the "Releasees") from any actions, claims, demands, suits, judgments, liabilities, and proceedings, whether arising in law or in equity, and in particular arising from my participation in the Event. I voluntarily indemnify, release from liability and hold harmless the Releasees for any injury, illness, death, loss or damage to person or property that I may suffer in connection with the Event and any related activities in which I may engage on, about or by access through any property owned, operated or managed by any of the Releasees, including without limitation surfing, swimming, diving, and construction-related activities. I further acknowledge that I am not to be considered an employee of Surf For Life, and that no compensation or other benefits customarily afforded to employees will be extended to me by virtue of my participation in the Event.
I acknowledge and agree that this release applies to all claims for any injury, illness, death, loss or damage that I may suffer and of whatever nature, no matter how serious and whether or not resulting in death and/or destruction of any personal property, regardless of how or by whom such injury or damage is caused, whether known or unknown, or foreseen or unforeseen, in connection with the Event. I am aware of the provisions of Section 1542 of the California Civil Code, which Section reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
I expressly waive the protection of Section 1542, as well as any other laws of similar effect in other jurisdictions.
This Release shall remain binding upon and inure to the benefit of my spouse, heirs, successors-in-interest and personal representatives, and of each of the Releasees, to the fullest extent permitted by law.
I HAVE CAREFULLY READ AND UNDERSTAND THIS RELEASE. I UNDERSTAND THAT THIS RELEASE IS A WAIVER OF MY LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF MY INJURY OR DEATH AND IN THE EVENT OF DAMAGE OR DESTRUCTION OF MY PERSONAL PROPERTY, AND A BINDING AGREEMENT BETWEEN SURF FOR LIFE AND ME.
TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) shall apply to your registration for, and participation in, the travel adventure volunteering program given by Surf for Life, a California Public Benefit Corporation (“SFL”) and for which You are registering (the “Program”). Throughout these Terms, the terms “You” and “Your” refers to the registrant intending to participate in the Program; and “We”, “Us”, and “Our” shall refer to SFL. Completion of the registration form constitutes Your acceptance of these Terms. Upon Our confirmation of Your registration, these Terms will establish a binding agreement between You and SFL.
Very importantly: travel, surfing, swimming, hiking and other sporting activities, as well as the construction and other service activities in which You will participate during the Program present certain risks to You, including without limitation the risks of property loss or damage, illness, serious injury and/or death. Your registration and participation in the Program are accepted by SFL on the express condition that You fully understand, acknowledge and accept all such risks.
1.1 Upon receipt of Your completed (online or printed) Registration Form, and receipt of Your Deposit in accordance with Section 2.2.1 below, We will make best efforts to accept or decline Your registration for the Program within 10 business days. If You are not accepted for the Program, We will refund the Deposit to You promptly upon rejection of Your registration.
1.2 If We accept Your registration, We will send You a Registration Confirmation and informational packet together with a payment schedule, via U.S. Mail to the address indicated on Your Registration Form. SFL reserves the right to accept or reject Your registration for any Program, for any or no reason, in Our sole discretion. In particular (but without limiting Our discretion in any way), We may reject the registration of any person who, in Our sole determination, is likely to require increased supervision, assistance, or other accommodation that We are not reasonably able to provide during the Program. Because each Program can accommodate a limited number of participants, We may also reject registrations submitted after the Program is full.
1.3 You will review Your Registration Confirmation details carefully, and inform Us as soon as possible if any information contained in the confirmation is incorrect. You will also inform Us as soon as reasonably practicable after any information that You have provided Us in Your registration form changes.
2. YOUR OBLIGATIONS
2.1 As a condition of participating in the Program, You represent and warrant to SFL the following:
2.1.1 You are at least 18 years old on the date that You submit Your Registration Form to SFL;
2.1.2 You will comply with the payment obligations described in Section 2.2 below;
2.1.3 You will provide all travel information, proof of insurance, and emergency contact information as required and within the time periods specified by SFL;
2.1.4 All personal information You provide in response to SFL requests is complete, true and correct;
2.1.5 You are physically and mentally fit to participate in the Program, and You will disclose any medical or other condition that may affect Your full participation on any activity during the Program. You will consult with Your physician or other appropriate professional prior to participating in the Program, where appropriate to determine whether You are sufficiently fit to participate. Upon Our request, You will at Your own expense provide the certificate of a licensed medical doctor attesting that You are fit to participate;
2.1.6 You are solely responsible for ensuring that You bring with You or obtain any medication, equipment, or other medical treatment You may need during the Program.
2.1.7 You will consent in writing to a criminal, credit. and/or other background check performed by reputable third party agency if reasonably requested by SFL in writing due to the nature of the Program; and
2.1.8 You will at all times comply with all applicable laws and regulations to which You are subject during the Program (including the laws of the country or other territory in which the Program takes place), all SFL policies, the instruction of SFL staff, and these Terms;
2.2.1 Deposit. Upon submission of Your Registration Form, You will provide a $150 deposit (the “Deposit”). This Deposit becomes non-refundable on the date that SFL sends its confirmation of Your registration.
2.2.2 Fundraising Requirement. In addition to Your Deposit, You must raise a minimum of $1,850 in support of Your participation in the Program (the “Minimum Commitment”). After confirming Your registration, We will provide one or more tools to support You in collecting donations submitted to SFL on Your behalf. Donations may also be submitted to SFL via personal check through U.S. Mail. If You fail to raise the Minimum Commitment no later than two (2) weeks prior to the first day of the Program, SFL will charge the difference between the Minimum Commitment and the amount that SFL has actually received toward the Minimum Commitment as of that date to Your credit card on file with SFL.
2.2.3 Funds Raised In Excess of Minimum Commitment.
For volunteers who register prior to February 1, 2014: Any funds raised by You in excess of the Minimum Commitment may be, at Your sole option, applied to reimburse You for the reasonable actual cost of Your travel to the Program location, up to a maximum of $500.
For Volunteers who register on or after February 1, 2014: Up to 50% of funds raised by You in excess of the Minimum Commitment may be, at Your sole option, applied to reimburse You for the reasonable actual cost of Your travel to the Program location.
SFL will provide such reimbursement promptly upon receiving your written request for the reimbursement accompanied by proof of Your payment for the travel. Notwithstanding the foregoing, SFL will not reimburse for travel purchased with frequent flier miles, rewards points, or similar cash-alternative payment methods.
2.2.4 Failure to Pay. If You fail to timely raise or pay the Minimum Commitment, You will not be permitted to participate in the Program, and You will not receive a refund of the Deposit. In addition, any other amounts paid SFL by You or on Your behalf will be deemed a charitable donation to SFL generally, and will not be refunded.
2.2.5 Currency. All amounts referred to in these Terms are in U.S dollars (USD) only. All payments must be made in U.S. dollars.
2.3 Travel. You are solely responsible for arranging, purchasing, and completing all necessary travel to and from the Program. You are also solely responsible for determining and satisfying any legal or other conditions for travel required for participation in the Program, such as obtaining a passport and any required visa valid for the entire duration of the Program, and for obtaining any medical advice relating to Your participation in the Program, including Your fitness to participate and/or any medical issues presented by travel to the Program location. You are further solely responsible for obtaining any travel insurance. No refunds will be given for failure to participate in the Program due to missed, delayed or canceled travel plans, failure to obtain necessary legal permission to travel or enter the country where the Program is located, or any other reason outside SFL’s reasonable control.
2.4 External Activities. During the Program, You may (at Your option) participate in one or more activities supplied by third party organizations (each an “External Activity”). As between You and SFL, You are solely responsible for Your participation in such External Activities. We are not responsible for any aspect of any External Activity, nor are We affiliated with any External Activity provider. SFL makes no representations or warranties regarding the External Activities or any of their respective providers.
3. OUR OBLIGATIONS
3.1 Provision of Program. SFL will perform its duties in connection with the Program in a commercially reasonable and professional manner.
4. CHANGES TO PROGRAM
4.1 Modification of Itinerary. During the Program, portions of the itinerary may be subject to change due to weather, unforeseen events, local conditions, or other matters beyond Our reasonable control. Therefore, You acknowledge that the itinerary expresses an indication of Our intent, but will not be binding upon Us. We will notify You of any modification as soon as reasonably practicable after the change.
4.2.1 SFL Cancellation of Program or Your Participation. Although we will make best efforts to conduct every program as planned, we reserve the right to cancel the Program and/or Your participation in it at any time, in Our sole discretion. In the event that We cancel the Program and/or Your participation (other than for Your breach pursuant to Section 4.3 below), We will promptly notify You of the cancellation, and at Your option either: (a) issue a credit toward Your participation in a later Program (if possible), or (b) refund any amounts paid by You or on Your behalf with respect to the Program.
4.2.2 Your Cancellation. You may cancel Your scheduled participation in the Program at no cost at any time up to forty-six (46) days prior to the first day of the Program, by notifying HC of your election to cancel in writing. Beginning on the thirtieth (45th) day prior to the first day of the Program, Your cancellation will be subject to a $500.00 cancellation fee (less any funds raised and registration fees paid) which HC may charge to your credit card on file.
4.3 Termination for Breach. If either You or SFL materially breach any of these Terms, the non-breaching party may terminate the agreement hereto by giving prompt written notice to the breaching party, subject to the proviso that if the breaching party cures the breach within ten (10) days after receiving notice of the breach, the agreement will not terminate. If You terminate the agreement for SFL’s breach, SFL will promptly refund all amounts paid by You or on Your behalf with respect to the Program, less the Deposit. If SFL terminates the agreement for Your breach, SFL will not be obligated to provide a refund of any kind.
5. LIMITATIONS OF LIABILITY.
5.1 Assumption of Risk. Although We take reasonable precautions to ensure the health and safety of the participants in Our programs, You understand and agree that the Program consists of activities that by their nature present risks to You and others of property loss or damage, illness, bodily injury or death. YOU UNDERSTAND AND AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION 5, YOU ASSUME ALL SUCH RISKS OF YOUR PARTICIPATION IN THE PROGRAM.
5.2 SFL Liability. Nothing in this Section 5 shall be interpreted to limit SFL’s liability for intentional fraud, or for bodily injury or death directly resulting from the intentional or grossly negligent act of SFL or any of its officers, directors, employees, agents or affiliates (each an “SFL Party” and collectively, the “SFL Parties”). EXCEPT AS EXPRESSLY STATED IN THE FOREGOING SENTENCE, NO SFL PARTY SHALL BE LIABLE TO YOU, OR TO ANY OTHER PERSON CLAIMING THROUGH RELATION TO YOU, FOR: (A) PROPERTY LOSS OR DAMAGE, OR (B) ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO THE PROGRAM AND/OR THESE TERMS, WHETHER OR NOT SUCH SFL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SFL PARTIES’ AGGREGATE LIABILITY SHALL BE LIMITED TO: (a) THE AMOUNT PAID BY YOU (OR ON YOUR BEHALF) TO SFL IN CONNECTION WITH THE PROGRAM, OR (B) $5,000, WHICHEVER IS GREATER.
5.3 The limitations on liability described in Section 5.2 above do not apply to a party’s obligation to indemnify the other pursuant to Section 6 below.
5.4 All claims arising out of or relating to the Program or these Terms must be commenced within twelve (12) months after the first occurrence of the act or event out of which the claim arises.
6.1 SFL’s Indemnity Obligation. SFL will indemnify You and hold You harmless from all liabilities, claims and expenses, including attorney’s fees (collectively, “Damages”), arising out of a third party claim against You resulting from: (i) Our actual or alleged breach of these Terms, and/or (ii) bodily injury or death to any person actually or allegedly caused by any SFL Party’s grossly negligent or willful misconduct in connection with the Program.
6.2 Your Indemnity Obligation. You will indemnify and hold the SFL Parties harmless from all Damages arising out of a third party claim against any SFL Party resulting from: (i) Your actual or alleged breach of these Terms, and/or (ii) Your grossly negligent or willful misconduct in connection with the Program.
7.1 Delays. SFL shall not be liable for failure to perform hereunder due to acts of God, or of the public enemy, or of any government or agency, fires, floods, epidemics, quarantine restrictions, strikes, work stoppages, freight embargoes, severe weather, differences with workmen, war, hostilities, riot, rebellion, delay in or lack of transportation facilities, inability to secure materials, power failure or fluctuation or any other cause beyond the control of SFL, or SFL’s exercise of its rights under this Agreement. In the event of delay by SFL due to any such cause, the date of performance of any act by SFL will be postponed by such length of time as may be reasonably necessary to compensate for such delay.
7.2 Waiver. Either party’s delay or failure to exercise a remedy for any default or breach will not constitute a waiver of such or any other default or breach.
7.3 Assignment; Binding Effect. Your registration in the Program is personal to You, and You may not assign Your participation in the Program or any other of Your rights or obligations relating to the Program without the prior written consent of SFL. These Terms shall be binding upon, and inure to the benefit of, each of You and SFL, and each of our respective successors-in-interest, heirs and permitted assigns.
7.4 Sever-ability. If any portion of these Terms are held to be invalid or unenforceable by a court of competent jurisdiction, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
7.5 Governing Law; Venue. The Program, the parties’ actions relating to the Program, and these Terms shall be governed by the laws of the State of California and the United States of America, without regard to principles of conflicts of laws. Any action arising out of or relating to these Terms or the Program shall be brought exclusively in a state or federal court sitting in San Francisco, California. The parties hereby consent to the exclusive jurisdiction of such courts, and waive any objection asserting improper venue or forum non convenience.
7.6 Complete Agreement; Modification. These Terms, including any documents incorporated herein, set forth the entire agreement of the parties with respect to this subject matter and are binding upon both parties in accordance with its terms. There are no understandings, representations or agreements other than those set forth herein. These Terms may not be modified, except by a further written agreement signed by You and an officer of SFL and expressly stating that such modification is intended.