Tribal Wisdom Academy Terms of Enrollment
As legal guardian for the student(s) listed on this form, I consent to their and my own participation in the programs offered by Tribal Wisdom Academy, LLC (hereinafter “TWA”). As consideration for my child or myself participating in TWA programs, I hereby agree to the following Terms of Enrollment (hereinafter “Contract”):
On the weekend before each week of TWA program, Parent/guardian shall review “the current Student Behavior Contract” with each enrolled child and support TWA mentorship decisions and Behavior Standards. Parent/guardian understands that if my child is dangerous to himself or others, that he/she will be immediately expelled without refund.
No organization, including TWA, can guarantee that a family will not be exposed to illness, including Coronaviruses or future pandemics; staying home will likely be a safer option in that regard. Parent/guardian is making the voluntary choice to allow each enrolled child to participate in TWA programs and thereby assumes the risk of illness to child(ren) and/or family members.
Camp registrations include opting-in to occasional email, text, or possible postal mail communications from TWA, Los Gatos Farms, and a Camp Photo Vendor. Phone calls from camp staff are only made in the event of student care/transportation situations or registration issues.
Electronic Signatures
TWA’s Terms of Enrollment constitutes a legally valid contract which goes into effect when electronically submitted by the parent or guardian of the child(ren) and the enrollment is accepted by TWA. By electronically consenting to the terms of the Contract, the parent/guardian agrees to follow all the rules and regulations established by TWA including those regarding payment, and child(ren's) behavior as partially outlined in the most current Behavior Contract PDF available on the TWA website.
Dismissal
For the general welfare of all participants, TWA reserves the right to dismiss without refund any participant whose conduct or influence, in the opinion of TWA staff, is dangerous or detrimental to the best interests of TWA or participants. Also, any participant found in possession of or using alcohol, tobacco, vape device or any illegal or immoral substance or materials will be dismissed immediately and no refund shall be issued. The available Student Behavior Contract and its periodic updated versions will generally outline behavior and safety guidelines which may include possible alternatives to dismissal.
Switching Dates and/or Refunds
When registering for TWA programs with a payment(s), the customer automatically gets the current "2024 TWA Cancellation Policy” which is a 50% refund on 2024 camp tuition payments received by TWA if you email Claire to cancel any entire camp week for any reason by June 1st, (or you may choose a free switch to any available current-summer camp week). The 2.9% payment processing fee is not refundable. No refunds are available after June 1st. Although a 100% per day tuition refund is available for any August camp days during which your child has required school attendance, if you make an email request to claire@tribalwisdomacademy.com and include your child's school calendar.
Weeks of camp received or purchased at school fundraisers, or from other persons or entities, are not refundable by TWA.
Tuition Payment
Tuition and fees are agreed to be the reasonable amount as and for liquidated damages. If tuition is not paid as per the schedule of payment, discount credits will not apply and enrollment may be canceled. Parents must pay tuition in full (by check, PayPal, Square, invoice or online payment) at least one (1) day before the start of any week, unless as scheduled in a payment plan that may extend beyond the program dates and in such case full payment is due as scheduled. Any typo, glitch, or other payment error will be corrected by TWA and/or the student's legal guardian by December 31st of the year in which the student had or will participate in the program.
Additional Terms
This Contract constitutes the full understanding of the parties hereto and no change, modification, or waiver of any of the terms shall be effective unless in writing and signed by all parties. Any parent consenting to this Contract acknowledges that he/she is acting as an agent of the non-signing parent, has the authority to enroll the child(ren) at TWA, and to execute this agreement on behalf of the non-signing parent. This Contract is binding and any dispute between parents shall not affect TWA’s right to enforce the Contract.
The parties hereby agree that arbitration shall be the exclusive method by which to resolve any claims related to this Contract and/or TWA’s programs and/or program contractors, and specifically agree that they will not file a lawsuit in court to pursue any claims. Arbitration shall be final and binding upon the Parties. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JUDGE and/or JURY IN REGARD TO ARBITRABLE CLAIMS. For purposes of this Contract, the term “Arbitrable Claims” shall be deemed not to include any claims which by law cannot be subject to a contractual requirement of mandatory binding arbitration, but otherwise applies to all claims arising out of, related to or connected with this Contract and/or TWA and its programs and/or program contractors.
Binding arbitration under this Agreement shall be conducted in Santa Clara County, California before a neutral arbitrator selected and agreed to by both Parties. The parties understand and agree that they will split the cost of the arbitrator’s fee so that each party is responsible for paying equal amounts for the arbitration. The parties shall each pay their own attorneys’ fees and costs incurred in connection with the arbitration, and the arbitrator will not have the authority to award attorneys’ fees unless a statute or contract at issue in the dispute authorizes the award of attorneys’ fees, in which case the arbitrator shall have the authority to make an award of attorneys’ fees as required or permitted by applicable law.
Nothing in this Contract shall prevent the parties from mutually agreeing to submit their dispute to mediation. If the dispute is not resolved through mediation, it shall be submitted to binding arbitration pursuant to the terms of this Contract.
Parents/guardians acknowledges that various TWA programs and/or program contractor activities may include but are not limited to an adult participant or the participating minor's direct involvement with and/or control over: knife/saw/axe and other tools, woodworking, wood burning, hammers, nails, scrap lumber, rusty nails/bolts and screws, power drills, power sanders, electric engravers, soldering irons, playing with rope, archery, bow and crossbow carving, arrow making, stone tool making, glass and tile breaking, paint and dyes, animal tracking and stalking, spear making and throwing, sling and slingshot making and using, blowgun making and shooting, throwing sticks and rocks, dirt sled use on hills, go-carts, gravity carts, animal anatomy or owl pellet dissection, fire-by-friction, campfire cooking, playing with matches and lighters, flint-and-steel fire making, blacksmithing, hammock and tent camping, map and compass use, nature hikes, tree felling, hunting, fishing and trapping, knot tying, lasso throwing, rope bridges, slacklines, zip lines, rope swings, rope pulley climbing systems, Boy Scout tower lashing and climbing, tree and pole climbing, watercraft trekking, geology and astronomy classes, chemistry, physics, soldering tin and lead, metal casting, pottery firing, various circuits and voltages/amperages of electricity, glue and hot glue, scissors, lasers, hay and grass, feathers, insects, shellfish, wild animals, fresh eggs, milking, rawhide, sinew, animal bones, nuts, fungi, ethnobotany classes and wild edible plant tasting, night hiking with marshmallow necklaces, bear and lion tracking, basket making, survival shelter building, wilderness backpacking, moccasin and leather sewing, toy sword fighting, gymnastics, card throwing, catapult operation, plastic and/or metal tomahawk throwing, airgun and coil-accelerator and airsoft toy gun shooting, poking dead animals with a stick, exploding high air-pressure water bottle targets, model rocket making and launching, gunpowder, fire-piston ignition technologies, sun magnification fire-making, open flame, gas torches, oil lamps, kite flying, riding carts and bicycles, horses, farm animals, dogs and pets, bread baking, making toys that fly, small steam engines, magnesium alloy fire starting, stone grinding of grains, hot wax candle making, blacksmithing with tools and propane or charcoal forge, strong magnets, digging tunnels, dodging falling trees and branches, avalanches, making tie-dye shirts, muddy obstacle courses, various science fair style projects, and other fun stuff.
Medical Treatment and Fitness
In the course of my child(ren) attending programs created by TWA, I hereby authorize all adult program staff, or in his/her absence or disability, any adult accompanying or assisting him/her to provide treatment and transportation, and CONSENT TO THE FOLLOWING MEDICAL TREATMENT FOR MYSELF and/or SAID MINOR(S):
Any x-ray examination, anesthetic, medical or surgical diagnosis or treatment, and hospital care which is deemed advisable by, and is to be rendered under the general or special supervision of any physician and/or surgeon licensed under the provisions of the Medical Practices Act, California Business and Professions Code Section 2000 et seq.; or any x-ray examination, anesthetic, dental or surgical diagnosis or treatment, and hospital care to be rendered by a dentist licensed under the provisions of the Dental Practices Act, California Business and Professions Code Section 1600 et seq.
This authorization is given pursuant to the provisions of Section 6910-6911 of the Family Code of California. This authorization shall remain effective until my child(ren) completes his/her activities in this program unless sooner revoked in writing. I understand that as a parent/guardian, I will be responsible for the cost of any service or treatment provided.
I hereby certify that my child(ren) is/are in good physical and mental health in the capacity required to participate in all functions of TWA and related programs in which she/he/they is/are enrolled. I understand that it is my responsibility to keep the information on this form updated in writing (including Health History and parent/guardian status) and deliver the updates to TWA.
Liability Waiver & Media Release
In regard to my child’s or my participation in or reenactment of the activities related to TWA, I acknowledge all of the following:
1. Voluntary participation: I acknowledge that I have voluntarily registered my child(ren) and/or myself to participate in TWA programs. Children with elders in the home, or children with immune deficiencies or other underlying health conditions are recommended to not attend any programs until the participation is approved by a doctor.
2. The assumption of outdoor risk: I AM AWARE THAT TWA ACTIVITIES ARE HAZARDOUS ACTIVITIES, AND CARRY RISKS THAT INCLUDE, BUT ARE NOT LIMITED TO ABRASIONS, CUTS, LOSS OF LIMBS, CONTUSIONS, MUSCLE STRAINS, BROKEN BONES, DISEASE, INFECTIONS OR EVEN DEATH. These risks may result not only from MY OR MY MINOR’s own actions, inactions or negligence, but also from the actions, inactions, or negligence of others, the condition of the facilities, equipment, or areas where the TWA is being conducted. I understand and accept that nature has risks that may include falling trees and branches, exposure to poison oak, stinging nettle, and other plants that the child(ren) may touch or ingest. Ethnobotany instruction may also include the tasting of plants and I accept the risks of possible allergic reactions or toxins. I understand and accept the risks of toxic or poisonous insects and animals and fungus, Lyme Disease, rabies, bird flu and other diseases and infections that may be transmitted by exposure or class interaction with living or dead insects or animals. I am voluntarily participating and/or permitting my child(ren) to participate with the understanding of these and related risks involved. ON BEHALF OF MY CHILD(REN) AND FAMILY AND MYSELF I HEREBY AGREE TO ACCEPT ANY AND ALL RISKS AND WILL NOT HOLD TWA or CONTRACTORS or PROPERTY OWNERS LIABLE FOR SUCH.
3. Readiness for activity. I certify that my minor(s) and/or myself is/are in good health and has/have no physical or mental condition that would affect safe participation in the program.
4. Liability release. I hereby desire to have my child participate in TWA’s programs and engage in the activities related to being in the programs. As consideration for participating in TWA’s programs, my child and I hereby agree to release and forever discharge and hold harmless TWA and its owners, officers, directors, board members, shareholders, partners, employees, beneficiaries, representatives, attorneys, insurers, and agents and each of them (hereinafter collectively referred to as “TWA”), from any and all claims, contentions, rights, debts, liabilities, demands, accounts, reckonings, obligations, duties, promises, costs, expenses (including, but not limited to, attorneys’ fees), liens, contribution and indemnification rights, damages, losses, actions, and causes of action, of any kind whatsoever (hereinafter referred to collectively as “Claims”), arising from or relating to my child’s participation in the programs.
I understand that this release discharges TWA from any liability or Claims that my child and I may have against TWA with respect to any bodily injury, personal injury, illness, death or property damage that may result from participation in TWA programs, whether caused by the negligence of TWA and/or a third party or contractor. I also understand that TWA does not assume any responsibility for or obligation to provide financial assistance or other assistance to me or my child, including but not limited to proceeds from insurance in the event of injury or illness sustained by me or my child.
I expressly agree that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of California, and that this waiver shall be governed by and interpreted in accordance with the laws of the State of California.
I further agree that in the event that any clause or provision of this waiver shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this waiver which shall continue to be enforceable.
5. Indemnification. I agree to defend, indemnify and hold TWA harmless against all claims, demands, and causes of action, including court costs and attorneys’ fees, directly or indirectly arising from any action or other proceedings brought by or prosecuted for the benefit of myself, my child(ren) and/or my family members in connection with any action or inaction taken by them.
6. Horse related activities are solely provided by Los Gatos Farms or other contracted vendors and are not part of TWA Programs. The parent agrees to sign a supplemental Horse Stable Visitor Waiver or other required documents before attending horse or farm animal or petting zoo programs.
7. Knowing and voluntary execution. I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN ME AND MY CHILD(REN), AND TWA, AND SIGN IT OF MY OWN FREE WILL. My electronic signature on this document is intended to bind not only myself but also my successors, heirs, representatives, administrators, and assignees.
8. Media release: I/we/minors/adults/guardians named OR family members later/previously enrolled or present during activities, do hereby give TWA, and its assigns, licensees, successors in interest, legal representatives, and heirs the past/present/future irrevocable right to use my name (or any fictional name), picture, portrait, video, live-stream or photograph/video/sound-recording/literary-work in all forms and in all media and in all manners, including the use of facial recognition technologies and apps, without any restriction as to changes or alterations (including but not limited to composite or distorted representations or derivative works made in any medium) for advertising, trade, sale, promotion, exhibition, or any other purposes, and I/we waive any right to inspect or approve the photograph/video/sound-recording/literary-work or finished versions including written copy that may be created and appear in connection therewith.
I/we hereby release and agree to hold harmless the Photographer, his or her assigns, licensees, successors in interest, legal representatives and heirs and 3rd party providers from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the photographs/video and other media, or in any processing tending toward the completion of the finished product.
I/we agree that TWA and its assigns, licensees, successors in interest, legal representatives, and heirs own the copyright to the photographs/videos/ sound-recordings/literary-work (including any photographs/videos/ sound-recordings/literary-works made by participants, family, visitors, friends, camp staff or helpers in relation to the program) and I/we hereby waive any claims I/we may have based on any usage of the photographs or works derived therefrom, including but not limited to claims for either invasion of privacy or libel. I/we or my parent/guardian am/is of full age and competent to sign this release. I/we agree that this release shall be binding on me, my legal representatives, heirs, and assigns. I/we have fully read this release and am/are entirely familiar with its contents.
Parents acknowledge that all horse and animal activities are owned, operated and insured by Los Gatos Farms or other vendors or contractors, and not by TWA. The availability of horses and livestock is not guaranteed.
TWA or the TWA chosen photo/video service and our affiliates may at any time broadcast or post all camp activities which may include minors and adults named on this waiver.
Children participating in TWA activities are to avoid wearing shirts and hats which contain logos as they will greatly complicate camp photos and videos.
The camp location or program may change or be cancelled as needed in case of a forest fire, smoke, pandemic, war, or for emergency or staffing reasons. In such a case, all missed program days and/or unused tuition will be rolled over to the following program dates or years if available, or otherwise be automatically forfeited.
Parents agree to keep their sick or fevered children at home, including children who are living with a person infected with or exposed to a pandemic virus.
Parents agree to follow the TWA COVID Prevention Program (CPP), which was used very successfully in previous summers and will again be provided and published if required.
This waiver includes the requirement to opt-in to email and/or snail-mail announcements from TWA and opt-in to the TWA email/phone text contact list, and the current camp photo/media vending partner of TWA and the MailChimp or other email service. Your contact information is not otherwise shared with other companies, except Los Gatos Farms.
In the event that any provision of this Contract should be held to be void, voidable or unenforceable, the remaining portions hereof shall remain in full force and effect.