© 2019 by Nature Buddies LLC

Nature Buddies LLC

Terms of Service

Last Updated: 06/01/2019

 

Please read this Terms of Service Agreement carefully.

Nature Buddies LLC (“Nature Buddies”) provides outdoor classes and camps for children age 2-10 (“Child”) and their parents or caregiver (“Parents”).  The mixed age classes provide the opportunity for kids to learn and grow together while play, discover and pretend.

All classes, camps, and materials (“Services”) are booked through www.nature-buddies.com

Parents confirm that (1) they have read and agree to this Terms and Services, (2) are the parent or legal guardian for the Child they sign up for Services, (3) that they are of the legal age of 21 or older, (4) always participate together with Child, and (5) accept the Waiver and Release of Liability without signature by (A) booking one of the Services, (B) attending a Service, or (C) visiting our website.

Parents acknowledge and agree that:

  • Nature Buddies does not and cannot guarantee that any particular Services will be available.

  • Services may be moved to a different location, rescheduled, or canceled and Nature Buddies will make the best effort to inform Parents beforehand.

  • Nature Buddies reserves the right to deny Services to any Parents of Child if Nature Buddies feels Parent’s or Child’s continued participation will jeopardize any individuals involved or others.

  • Nature Buddies reserves the right to use and post photos and video of Services for marketing purposes.

  • Nature Buddies has a general no refund policy. However, Nature Buddies will work with Parents to discuss and resolve individual cases.

  •  Nature Buddies cannot be held responsible for supervision for the serving of any foods or beverages at any Service. Parents accept sole responsibility for all risks associated with such consumption by Parents and Child, including food sickness, allergic reaction, and death.

 

 

Waiver and Release of Liability

In consideration of the risk of injury while participating in Nature Buddies LLC classes and camps (the "Activity"), and as consideration for the right to participate in the Activity, Parents hereby, for themselves, their Child, their heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of Parent’s and Child’s participation in the Activity, and do hereby release and forever discharge Nature Buddies LLC, located at 3423 Pontiac Dr, Carlsbad, California 92010, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that they or their heirs may suffer as a direct result of participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

PARENT AND CHILD ARE VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND THEY ARE PARTICIPATING IN THE ACTIVITY ENTIRELY AT THEIR OWN RISK. PARENTS ARE AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. PARENTS UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM THEIR or THEIR CHILD’S OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, PARENTS ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO THEM OR THEIR CHILD, OF THEIR AND THEIR CHILD’S PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

Parents agree to indemnify and hold harmless Nature Buddies LLC against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by Parents or anyone on their behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by Parents or by anyone else acting on their behalf. If Nature Buddies LLC incurs any of these types of expenses, Parents agree to reimburse Nature Buddies LLC. Parents acknowledge that Nature Buddies LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Nature Buddies LLC.

PARENTS ACKNOWLEDGE THAT THEY HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. PARENTS EXPRESSLY AGREE TO RELEASE AND DISCHARGE Nature Buddies LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND PARENTS AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT PARENTS OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Nature Buddies LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Nature Buddies LLC, its agents, and employees. In the event that Parent or Child should require medical care or treatment, Parents agree to be financially responsible for any costs incurred as a result of such treatment. Parents are aware and understand that Parents should carry their own health insurance. In the event that any damage to equipment or facilities occurs as a result of Parents or Child’s willful actions, neglect or recklessness, Parents acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness. This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Parent and Nature Buddies LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

 

Parents affirm that they are of the age of 21 years or older, and certify that they have read this agreement, fully understand its content and that this release cannot be modified orally. Parents are aware that this is a release of liability and a contract and they accept on their own free will.

 

The Terms and Services and Waiver and Release of Liability are subject to change by Nature Buddies LLC at any time and without notice.