These terms and conditions apply between Engman Camp Shalom and those persons registering for and participating in Engman Camp Shalom (ECS).
1. REGISTRATION; ACCEPTANCE OF CUSTOMER:
a. Registration is on a first-come, first served basis. Early registration helps to ensure availability. Walk-in registrations will be accepted on a space-available basis. ECS reserves the right to substitute speakers, presenters, facilities, venue and/or any program to be offered at ECS at any time. By registering for ECS, Customer represents, warrants and ensures that he/she is physically and mentally able to participate in the program for which he/she is registering and/or any others in which Customer may participate. Customer understands that this registration is non-transferrable and non-assignable and that any other person(s) wishing to attend the event must register in their own name(s). If you have any questions concerning ECS Event, please contact Engman Camp Shalom directly.
b. By registering for ECS, Customer agrees to fully and completely comply with all terms and conditions hereof and the Business' rules and regulations. ECS reserves the right to refuse attendance to any individual at any of its Events. All packages, bags, and other containers brought to ECS are subject to search, and may be required to be stored during camp. Failure to comply with ECS rules and regulations is grounds for immediate dismissal from ECS. Persons dismissed from ECS shall not be entitled to a refund or cancel any unpaid balance due. Customer's failure or inability to use all of the facilities, classes or services offered at ECS for any reason, except as otherwise provided herein does not relieve or suspend the Customer's obligation to make all payments required hereunder on a timely basis, nor entitle the Customer to a refund or credit. Customer understands and agrees that payment for ECS is not a guarantee or promise of satisfaction.
2. BILLING AND PAYMENT: Billing and payment processing for ECS is performed by The Jewish Federation of Greater DM and this contract is specifically assigned to ECS for all such purposes. Customer knowingly and irrevocably authorizes ECS to charge electronically Customer's bank account and/or credit card for any and all amounts due for Customer's, and anyone registering under Customer's, attendance and participation in ECS. Any returned payment will be assessed a $25.00 fee. Any unsuccessful electronic transaction is subject to a $10.00 processing fee. ECS is not responsible for any bank fees incurred by Customer.
3. CUSTOMER'S RIGHT TO CANCEL: If you wish to cancel your registration, you may cancel by delivering or mailing by certified mail, return receipt requested, written notice to ECS. If your notice of cancellation is received more than 10 days prior to ECS, no administrative fee will be charged. Any cancellation received 10 days or fewer before ECS shall result in a per person administrative fee equal to the lesser of $25 or 30% of the ECS cost. ECS is not responsible for any refunds. Customer further agrees that once the registration is submitted, this Agreement is a legally binding and enforceable obligation of Customer.
4. RELEASE; INDEMNIFICATION: Customer understands and agrees that his/her participation in and attendance at ECS is knowing and voluntary. Customer understands and agrees that strict observation of the ECS rules and regulations is required and that use of the ECS facilities and the Customer's presence at ECS are at the sole risk of the Customer. Customer indemnifies and holds harmless ECS and Jewish Federation of Greater DM, and their officers, directors, employees and agents from and against any claims, demands, actions, liabilities, damages, costs or expenses, including court costs and reasonable attorneys' fees arising out of or relating to: (i) Customer's participation in the Event; (ii) claims against ECS and/or Jewish Federation by any third parties arising from or related to ECS actions and/or omissions, (iii) claims relating to any violation or alleged violation by ECS or Jewish Federation and/or any third party of the applicable laws relating to the conduct of the ECS; and/or (iv) claims arising from or relating to ECS performance of its obligations hereunder. Customer specifically understands and agrees that he/she is assuming the risk of any and all injuries that he/she may suffer or incur as a result of his/her registration and/or participation in the ECS. Customer's indemnification obligations shall survive the expiration or termination of this agreement.
5. COPYRIGHT; USE OF IMAGES: ECS is copyrighted by ECS and Jewish Federation of Greater DM. Video, audio and/or any other means of recording of ECS by Customer are strictly prohibited. Violators will be dismissed from ECS and reserves all legal rights to pursue civil remedies. To inquire about obtaining a professional recording of ECS, please contact Engman Camp Shalom. Customer, for him/herself and his/her/its officers, directors, employees, agents, representatives, successors, assigns, heirs, executors and administrators hereby irrevocably consents to the unrestricted use by ECS, its advertisers, clients, customers, successors and assigns, of Customer's name, likeness, statements, photograph or motion picture, for advertising, sale, marketing, promotion or any other purposes of trade and Customer waives the right to inspect or approve such completed images used in connection therewith. Customer grants to ECS the exclusive right to exploit and license or assign for exploitation all such matter or any approved derivatives thereof in any manner in any medium or field of use, in the form delivered.
6. UNAVAILABILITY; FORCE MAJEURE: ECS will use commercially reasonable efforts to hold ECS. However, under no circumstances will ECS be held responsible for unavailability caused by circumstances beyond ECS’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems nor can any reservation be cancelled, altered or amended once ECS has commenced on the basis of circumstances beyond ECS' reasonable control.
7. COMPLIANCE WITH LAWS: This Agreement shall be governed by the laws of the State in which ECS is located. All rights and obligations of ECS and Customer under this Agreement are subject to all applicable federal, state and local laws and regulations. These terms and conditions shall be deemed revised to conform to applicable statutes, rules and regulations. ECS may modify the terms and conditions stated herein at any time in their sole and absolute discretion. Customer shall be bound by the modified Agreement and agree that no other modifications shall be enforceable. This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. The waiver of any breach shall not constitute a waiver of any subsequent breach.
