Legal

BAEVC Policies Document Agreement

Bay Area Equine Vet Camp, LLC  www.baeclub.org
BAEVC provides a unique and specialized experience for highly motivated students. We take the task of providing this experience seriously and ask that our students and their parents do the same. This BAEVC Policies Document is a binding agreement affecting your rights and the rights of any minor student accepted into the BAEVC program. Please read it carefully.

Allergy Policy
BAEVC makes every effort to maintain a clean and sanitary environment. The BAEVC facility contains potential allergens that can cause an allergic reaction. These include, but are not limited to, food allergens (peanuts, peanut butter, dairy products, eggs, etc.) and pet dander. Students, parents, and guardians concerned with allergies need to be aware of this risk. BAEVC will not assume any liability for adverse reactions to items one may come in contact with at camp. BAEVC staff and volunteers are NOT trained to administer EpiPens or other medication. To ensure that any medication required for my student is administered as necessary, my student has been trained in the administration of his/her required medication(s).

Application Agreement
I have read and understand the application form. Any questions I may have had about the policies and operations of BAEVC have been answered to my satisfaction. If my student is accepted for enrollment, I agree that:
• I will pay tuition and fees as set forth by this form.
• If my student is expelled for disciplinary reasons, tuition will be forfeited.
• I will pay for any cost or damages caused either intentionally, recklessly, or negligently by my student.
My student has my permission to accompany BAEVC its camp counselors, mentors and its agents on all Exclusive Workshops/field trips during camp. BAEVC has hired the professional charter services of Durham School Services to transport students by bus to and from the workshops. BAEVC, assumes no responsibility for injuries related to transportation, lost or
stolen items. Students are solely responsible for their belongings at camp, at off-site workshops, and on buses. If belongings are left on a bus after the bus departs BAEVC and students wish to keep the items, parents must retrieve them at the Durham School Services bus lot in San Carlos and make arrangements with the bus company to do so.
BAEVC Rules & Code of Behavior BAEVC is meant to be fun, educational, and safe. To make the camp experience enjoyable and safe for everyone, it is important for each participant to follow BAEVC rules and exhibit responsible behavior at all times while on camp and workshop property, in classrooms, and on buses. Physical violence or bullying toward another student or staff member will result in immediate dismissal from the camp program. Any violation of the following rules may result in disciplinary action, which includes sending the student home at the family’s expense. BAEVC fees are nonrefundable if a student is sent home for disciplinary reasons.
• • Student will cooperate with staff and follow instructions as given by staff and mentors at all times.  • • Students will stay with assigned groups and mentors at all times.  • • Students will use appropriate voice levels in classrooms, on buses, and around animals.  • • Students will listen quietly while staff and mentors are talking.  • • Students will respect other students, staff, equipment, and facilities.  • • Students will treat all other students with respect—no name-calling, teasing, or disrespect of other students or staff.  • • Students will keep their hands to themselves—no hitting, pushing, or shoving of other students.  • • Students will respect BAEVC buildings, objects, and natural environment at all times.  • ——–• Nothing is to be  taken, broken, or harmed in any way.  • • Students will respect workshop/classroom buildings, objects, and natural environment at all times.
• • Students will stay in program areas with adults.  • • Students will wash hands before and after handling animals.  • • Students will not bring radios, iPods, video gaming systems, or electronics to camp.  • • Students will wear closed-toed shoes and socks at all times outdoors (no sandals, Crocs, or flip flops, except –when specified for water activities).  • • Students will remain seated while in the chartered bus. Examples of unacceptable behavior that may result in dismissal include, but are not limited to:  • • Refusing to follow behavior guidelines or camp rules; refusing to participate in activities or cooperate with staff  • • Disrupting a program; leaving a program without permission  • • Stealing, vandalizing, or damaging property (personal or camp property)
• • Any action that could threaten or pose a direct threat to the physical/emotional safety of the student, other students, staff, or program animals  • • Fighting, biting, teasing, or bullying other students or staff; using profanity or obscenities  • • Use of illicit drugs, alcohol or tobacco; possession of a weapon; sexual conduct of any kind  • • Possession of a controlled substance, unless under the prescription of a doctor Parents/Guardians—Failure to follow Vet Camp rules may result in the following:  • • The BAEVC Director will make a call to the parent/guardian regarding the student’s failure to follow the rules and there will be a discussion regarding the misbehavior and what is expected of the student.  • • After one warning/talk with the parent/guardian regarding misbehavior, further misbehavior may result in immediate dismissal of the student from the camp—without refund and at the family’s expense.  • • Upon dismissal from the BAEVC, the parent/guardian must immediately retrieve the student, who will be removed from the other students and will be in the care of staff management.
I understand that certain camp activities, whether or not listed on the website, program paperwork, or through other verbal or other non-verbal communication, have an increased risk of injury with them. I hereby release and agree to indemnify or hold harmless, BAEVC and all of their employees and representatives whatsoever from any and all losses, claims, damages, liabilities, costs, and expenses including attorney’s fees, or medical expenses which they or any of them, or any participant may sustain or incur in any way arising out of or in connection with participants engagement in any and/or all BAEVC program activities.

Medical Policy
The health history I provided is accurate, complete, and comprehensive and the person herein described has permission to engage in all prescribed class activities except as noted.
Authorization for treatment: I hereby authorize BAEVC staff to provide basic first aid, NOT including the use of medication, for my student in the event of an emergency. I authorize the medical personnel selected by BAEVC staff to order x-rays, tests, treatment, and necessary transportation for my student. (hereinafter “Emergency Treatment”) I agree to cover all Emergency Treatment provided as a result of the direction of BAEVC staff, which Emergency Treatment may be ordered at the absolute discretion of the BAEVC staff. In the event I cannot be reached in an emergency, I hereby give permission to the physician selected by BAEVC staff to secure and administer treatment including hospitalization for my student at my cost as described above.

Photo / Video Release
This Release (the “Release”) is entered into as of date specified in registration by Registrant, Parent or Guardian, in favor of BAEVC with a principal place of business at 295 Pine Creek Rd, Walnut Creek, CA 94598 United States.

1. PERMISSION TO MAKE AND USE RECORDINGS AND OTHER CONTENT. The Guardian grants to BAEVC, together with its successors and assigns, assignee’s, grantees, and licensees, a perpetual, non-exclusive, irrevocable right and license to use the Minor’s image, likeness, voice and name as recorded on any Recordings or other medium in any language throughout the universe, (b) alone or in combination with other works, and (c) by any means and on any medium now known or hereafter devised. The term Recordings as used herein shall mean and include any audio or visual recording(s) made whether before or during a broadcast transmission, by electrical transcription, tape recording, wire recording, film or any other similar dissimilar method of recording video and audio programs, as well as any original work affixed to tangible medium (such as a written testimonial),whether now known or hereafter developed. Guardian and student acknowledge and agree that BAECV may use student’s oral or written comments and testimonials and identify the student by his or her full name and city/state.
Guardian and student acknowledge and agree that, without limitation, BAEVC may: (i) use, reuse, modify, reproduce, perform, publicly display, transfer or dispose of student’s image, likeness, voice and name, and (ii) sub- license all such rights to entities working on BAEVC’s behalf. The Recordings here- under may be originally broadcast and/or published as commercial recording either live or by recording over the facilities arranged by or for BAEVC anywhere in the world.
2. CONTENT RIGHTS AND OBLIGATIONS. The Guardian grants and assigns to BAEVC and BAEVC Agents all right, title, and interest in and to the Recordings, including, but not limited to, copyright. The Guardian understands and agrees that the Recordings shall be the sole property of BAEVC and that neither the Guardian nor the student shall have any right to: (i)inspect or approve the Recordings; (ii) inspect or  approve any other recordings, text, graphics, images, or other content created in the connection with or combined with the Recordings; or (iii) receive any royalties or other compensation arising from or related to the Recordings Use.

3. RELEASE. The Guardian agrees to release, discharge, and hold harmless BAEVC and BAEVC’s Agents from any and all damages, liabilities, costs, expenses, claims, and/or judgements of any kind or nature whatsoever arising from the Recordings use, including, but not limited to, those based on copyright infringement, invasion of privacy, right of publicity, libel, defamation, or false light. The Guardian acknowledges and agrees that this Release is binding on the Guardian and student, and their respective heirs, legal representatives, and assigns.

4. GUARDIAN’S REPRESENTATIONS AND WARRANTIES. The Guardian hereby represents that she: (i) is a legal adult and has the full legal capacity to execute this Release; (ii) is the parent or legally appointed guardian of the Minor; and (iii) has the full legal authority to execute this Release on the Minor’s behalf. The Guardian further represents that the rights granted under this Release will not conflict with or violate any other commitment the Minor has with any other party. The Guardian has read this Release prior to signing it and fully understands its contents, meaning, and impact.

5. TERMINATION. Either party can terminate this letter agreement upon thirty (30) days prior written notice. The terms of this agreement survive termination.

6. GENERAL PROVISIONS. This letter agreement does not create any agency, partnership, or other form of joint enterprise between the Guardian/Minor and BAEVC.  BAEVC may assign or transfer the letter agreement, or any of its rights or obligations under the letter agreement, in a whole or in part, without the Guardian or Minor’s prior written consent. Guardian, Minor and BAEVC agrees that this letter agreement is a contract, which is to be performed in California, and thus California law will apply.


Tetanus Waiver
BAEVC feels it is important for all students to becurrent on their tetanus vaccination. If a parent or guardian has questions about the tetanus vaccination, he or she is encouraged to consult a physician, at his or her own expense.


Rabies Waiver
BAEVC feels it is important for all students, to be aware that a pre-exposure rabies vaccination series is available. If a student has questions about the pre-exposure rabies vaccination, he or she is encouraged to consult a physician, at his or her own expense, to decide whether or not to be vaccinated.
I have read, understand and agree to the above. Furthermore, I release BAEVC from all responsibility that may occur because of my not pursuing the pre- rabies exposure vaccination series and I understand that whatever decision I make regarding this vaccination is my own decision and is made at my own risk.

POOL AND OPEN WATER DISCLAIMER:
Certain properties where students are present contain pools and other areas with deep water. Students are informed that those areas are off limits. I agree that I have informed my student that BAEVC maintains a strict no-swim policy. Entry into any pool or deep water area during the BAEVC is grounds for immediate removal from the program.
ACTIVITIES: BAEVC endeavors to provide a unique and high quality experience involving various veterinary professionals, animal and program activities. All activities are subject to change without prior warning. Changes in activities are not a basis for return or reduction in tuition. Once paid, tuition for BAEVC is non-refundable.

Waiver of Liability, Assumption of Risk, and Indemnity Agreement
In consideration of permission to student in the programs sponsored by BAEVC I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue BAEVC Shanna Gage Lai, their agents and volunteers from liability from any and all claims including the negligence of BAEVC or Shanna Gage Lai resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities and use of facilities, premises, or equipment.

Assumption of Risks:
I am aware and understand that the handling and care of exotic animals, animals and horses is an inherently hazardous activity, and I am voluntarily allowing my minor student to participate in such activities with full knowledge of the dangers involved, I assume all risk therefore. I am aware and understand that exotic animals, animals and horses are powerful, unpredictable, and potentially uncontrollable animals. All animals, even those that are well trained and appear calm and docile, may and will, among other things, buck, rear, kick, bite, run and bolt uncontrollably, without warning and without apparent cause or in response to external stimuli (such as wind, sound, or movement of people, other horses, motor vehicles, bicycles, machinery, doors, or other inanimate objects) that may induce fear, anger or reflex actions in the animal. Animals have unpredictable reactions to such things as sound, sudden movement and unfamiliar objects,
persons or other animals, and are susceptible to certain hazards such as surface or subsurface conditions, collisions with students, other animals, horses or objects. Handling exotic animals, animals and horses by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Animals, exotic animals and horses have the propensity to behave in ways that may result in injury, harm or death to persons on or around the animal or horse. Tack equipment can fail resulting in falling or loss of control; and activities have the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or horse. Equine activities and working with animals is inherently dangerous, we make efforts to create a safe experience and environment but there are risks such as head injuries and whiplash from impact and broken bones from being stepped on. I hereby agree to accept and assume any and all risks of injury (including permanent bodily injury and disability) illness, disease or death to myself or my minor student and all financial losses, injury damages, destruction and loss.

I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the activities made possible by BAEVC and Shanna Gage Lai. I hereby assert that my students participation is voluntary and that I knowingly assume all such risks.

Indemnification and Hold Harmless:
I also agree to indemnify and hold BAEVC and Shanna Gage Lai harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in the BAEVC programs. Their Policies Document shall be governed exclusively by the laws of the state of California. Any litigation arising from or related to the Policies Document or the services provided by BAEVC shall be venued in the Superior Court of Contra Costa County.

Acknowledgment of Understanding:
I have read this Policies Document, including the waiver of liability, assumption of risk, and indemnity provisions, fully understand the terms here in, and understand that I am giving up substantial rights, including my right to sue. I understand that I may have this agreement reviewed by an attorney of my choosing at my cost. By signing below I acknowledge that I have either engaged such counsel or waived the right to do so. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be bound by this Policies Document in its entirety including the complete and unconditional release of all liability to the greatest extent allowed by law.

This letter agreement is our whole agreement, supersedes all prior or contemporaneous conditions, agreements, communications, negotiations, or representations relating to the subject matter hereof, and cannot be changed unless BAEVC, Guardian and Minor all sign a new agreement.

You may wish to save the contents of this page for your personal records, as a formal copy will not be given.

Electronic Communications You have authorized [BAEVC] to communicate with you via e-mail and other electronic means such as by fax.  You acknowledge that communication by electronic means is subject to interception by others, as are mail and other forms of communication.  By authorizing us to communicate with you via electronic means, you are assuming any risks associated therewith. …..   By signing this [BAEVC Policies Document Agreement], [STUDENT] and [BAEVC] each acknowledge that such party has read, understood and agreed to the terms hereof, and that this document contains the entire agreement between [STUDENT, his or her legal guardian] and [BAEVC] with respect to the services to be provided to [STUDENT] by [BAEVC]. Assent by Electronic Means or Electronic Signature This clause is both a recital and an agreed upon term of the [BAEVC Policies Document Agreement].  The parties agree that they may be bound to the terms set forth in this [BAEVC Policies Document Agreement] through either physical or electronic signatures and that this agreement may be entered into by electronic means.  By affixing an electronic signature to this document and transmitting it to [BAEVC], you agree and represent that said electronic signature signifies assent to the terms of this [BAEVC Policies Document Agreement] and that said signature satisfies the requirements of both California law (including the Uniform Electronic Transactions Act, Civil Code section 1633.2(h), 1633.5, and 1633.7) as well as the Federal Electronic Signatures in Global and National Commerce Act (sometimes known as E-Sign).  You further represent and agree that if you are a governmental agency and are employing an electronic signature, that signature complies with Government Code section 16.5 and any other laws or regulations relating to the validity of the signature and the entity’s authority to enter into this agreement by electronic means.