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lavnercampsandprograms.com Legal Disclaimer
By sending your child to Lavner Camps, you agree to the policies for all Camps, Classes and Lessons. You also agree to the policies for Camps, Classes and Lessons at Physical Locations and/or the policies for Online Camps, Classes and Lessons, depending on which option your child is attending.
Website Errors: Please see all the terms & conditions on the general information pages on our website for the appropriate camp/program. Although rare, there may be information that is listed incorrectly on our site (e.g. typos etc…) If there is an incorrect listing of tuition, dates, or times for camp on our website or registration portal, we reserve the right to correct these mistakes and the incorrect listing will not be binding. We are not responsible for any information on third party websites that reflect misrepresentations of our programs including but not limited to cost, dates, description, and anything else regarding our camps.
New and Amended Camp Policies: To ensure a safe and productive camp environment, Lavner Camps reserves the right to add or amend camp policies at any time. All current policies can be found at www.lavnercampsandprograms.com in real time.
Permission for Media Appearance: I hereby give permission for my child to appear in any type of media, media outlet, and/or media source, including but not limited to written media, photographs, print, videos, website, and advertisements for the purpose of publication and/or advertisement of Lavner Education. Lavner Education may also utilize camper projects and/or images of camper projects in any type of media, media outlet, and/or media source, including but not limited to written media, photographs, print, videos, website, and advertisements for the purpose of publication and/or advertisement of Lavner Education.
Release and Waiver of Liability: I, on behalf of my child, myself, my personal representatives, heirs, executors, administrators, agents and assigns, hereby release, waive, discharge and covenant not to sue Lavner Education, Inc., its directors, officers, employees, agents, servants, and properties where camp is conducted (hereinafter referred to as ‘Releasees’) for any and all liability of every kind, character and description, at law or in equity, including any and all claims, demands, causes of actions (known or unknown), suits, damages, costs, expenses, (including attorneys’ fees and costs), and compensation arising from any injury, lost and/or stolen property, property damage or illness that I or my child may suffer as a result of my child’s participation at camp regardless of whether the injury, damage or illness is caused by the Releasees.
Trademarks: Trademarks, logos, service marks and trade names (collectively the “Trademarks”) that are ours or Trademarks of any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s products and services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Limitation of Liability:
(a) IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING INSTRUCTORS AND TUTORS) (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
(b) IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR THE PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE IN THE 12 MONTH PERIOD PRECEDING YOUR CLAIM.
DISCLAIMER OF WARRANTIES:
(a) THE SITE, INCLUDING BUT NOT LIMITED TO ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS CONTAINED OR AVAILABLE ON THE SITE, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY REGARDING UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, OR USEFULNESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available on the Site or from tutors under tutoring services (“Third Party Content”). All Third Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES DONE ON OUR TUTORS OR INSTRUCTORS, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY TUTOR OR INSTRUCTOR OR ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
(a) By sending to camp, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures .
(b) Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Montgomery County, Pennsylvania. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms and Conditions, and any dispute between you and us, will be governed by the laws of the State of Pennsylvania without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Federal Arbitration Act.
Termination: We may terminate, change, suspend or discontinue any aspect of the Site or the Site’s products or services at any time. We may restrict, suspend or terminate your access to the Site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
Communication: If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. You also may sign up, and therefore agree, to receive SMS or text messages on your mobile phone.
Consent Forms: Enrollment for camp is completed online (by clicking the “Enroll Now!” button on the website). When enrolling, you must complete the entire Camper Enrollment Form for each child, which contains a consent form that must be signed by the parent and/or legal guardian of the camper. If you enrolled over the phone, our office will start your enrollment, but you still need to complete your enrollment online, which includes completing/submitting the Camper Enrollment Form. If you do not complete our consent form but send your child to camp, this is considered implied consent to the terms and conditions listed in our consent form. If you are having trouble accessing online enrollment, you must print the consent form and scan/email it to [email protected] prior to your child attending camp. By signing the consent form, families understand that if Lavner Camps is unable to hold camp at a camp location, it may, at its sole discretion, offer camp at another location or through e-learning. The consent form constitutes the entire agreement and no section of the consent form may be waived by any other writings or methods of communication.
Assumption of Risk: I understand that there are potential dangers incidental to my child’s participation in camp, some of which may be dangerous and which may expose my child to the risk of personal injuries, property damage and illness. I knowingly and voluntarily assume all such risks, both known and unknown, even from the acts or omissions of the Releasees and assume full responsibility for my child’s participation in camp.
Behavioral Policy: Lavner Camps reserves the absolute right to dismiss a camper without refund for any behavior (1) that threatens or endangers the welfare and/or the safety of any camper, instructor, or any other person involved with the camp, (2) is disruptive to the overall camp environment, which interferes with the beneficial use and enjoyment by campers and staff, or (3) for any form of bullying of other campers or disrespectful behavior to camp authority. Lavner Camps emphasizes a safe, fun, and healthy camp environment that fosters learning and friendship, and appropriate camp behavior is essential to a great overall experience for everyone involved. It is imperative that every camper feels included, safe, and part of our camp community.Campers must be potty trained in order to attend camp. A potty trained camper is someone who can 1) communicate to an instructor that he/she needs to go to the restroom, 2) be able to stop what he/she is doing, to go and use the restroom, 3) utilize the restroom facilities without any assistance and 4) postpone going to the bathroom for up to 10 minutes if they must wait for someone who is in the restroom or if they are not near a restroom. In accordance with the American with Disabilities Act, reasonable accommodations will be made for campers with disabilities.
Storing Payment Information Electronically: I consent that Lavner Education, Inc.’s designated third party gateway can store my payment information.
Physical Examination: I certify that within the past 12 months my child has had a physical examination by a licensed physician and that all immunizations required by school are current, that he/she is physically able to participate in all camp activities at Lavner Camps, and that I will submit the physical (which can be the health form provided to your child’s school for the current school year) by uploading the health form to my online account or scanning and emailing it to: [email protected] If my child has not had a physical within the past 12 months by a licensed physician, I certify that my child will get a physical by a licensed physician and that I will upload the health form from this licensed physician to my online account and/or scan/email it to [email protected]
New and Amended Camp Policies: To ensure a safe and productive camp environment, Lavner Camps reserves the right to add or amend camp policies at any time. All current policies can be found at www.lavnercampsandprograms.com in real time.
Submitted or Created Materials: (a) Any ideas, suggestions, survey responses, or testimonials that you submit to us, or will be deemed not to be confidential and may be used by us for any purpose. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to display, use, reproduce, incorporate, modify, create derivative works of and distribute such material (in whole or part). We are not responsible for maintaining any Submitted Material that you provide to us and we may delete or destroy any such Submitted Material at any time.
General Terms: Terms in the “Policies for all Camps, Classes and Lessons” section also apply for Camps, Classes and Lessons at Physical Locations.
Indemnity: I, on behalf of my child and myself, my personal representatives, heirs, executors, administrators, agents, and assigns, agree to hold harmless, defend and indemnify the Releasees from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits or judgments of any and all kind (including attorneys’ fees and costs) arising from any injury, property damage or illness that my child may cause as a result of my child’s participation in camp.
Consent For Treatment: I hereby give my permission for Lavner Education staff members to supervise and/or administer on-site First Aid for minor injuries. In the event of a more serious injury or illness where Lavner Education staff deem that medical diagnosis and/or treatment is needed, I hereby give my consent for Lavner Education staff to secure the proper medical care; including transportation and hospitalization, if necessary.
Assumption of Financial Responsibility: I am responsible for retaining health and accident insurance while my child is at camp and for paying any medical fees that arise from my child’s participation at camp.
2020 Flex Enrollment Policy – Refunds, Rescheduling, Postponements and Cancellations:
We do not provide refunds of camp tuition for any reason. Our rescheduling options are reflected below the change-of-week, cancellation, postponement policies below.
Camp Substitutions: Lavner Camps reserves the right to offer a virtual camp experience or postpone the camp to a future year as a replacement for a camp that was supposed to take place at a physical location if (1) the location cancels the camp and/or (2) if a government agency sets a rule, guideline, or order that causes the camp to be canceled.
Additional Terms & Conditions: I agree to all terms and conditions provided on the Lavner Camps’ website (www.lavnercampsandprograms.com) pertaining to summer camps for 2020, including but not limited to the Cancellation Policy and camper Behavioral Policy. If Lavner Education is unable to hold camp at a camp location, it may, at its sole discretion, offer camp at another location during summer 2020, Summer 2021 or through e-learning in Summer 2020. The consent form constitutes the entire agreement and no section of the consent form may be waived by any other writings or methods of communication. If paying by credit card, I consent that Lavner Education, Inc.’s designated third party gateway can store my credit card information.
Medical Forms: Families must complete and submit the medical form provided below or provide us with the health form that was submitted to your child’s school for their current school year. Please upload your camper health form to your online account or scan/email your form to [email protected], prior to your child’s first scheduled day of camp.
Medication Storage and Administration: For the safety of our campers, all drugs (medications) are stored under lock and key except when in the controlled possession of the person responsible for administering them. For prescription drugs (medication), they are given only under the specific instruction/directions of a licensed physician. For nonprescription drugs (medication), they are given under the signed instructions of the parents or legal guardian or signed instructions from the camper’s physician.
Lost Items Policy: Lavner Camps is not responsible or liable for any personal items/equipment that is left behind at camp. Lost and Found items/equipment may be held at camp until the last day of camp. Any remaining Lost and Found items/equipment will be discarded/recycled at the end of the camp season.
E-Learning Backup Option: If Lavner Camps is unable to hold camp at a location, it may at its sole discretion offer camp at another nearby location or through e-learning.
General Terms: Terms in the “Policies for all Camps, Classes and Lessons” section also apply for Online Camps, Classes and Lessons.
Indemnity: I, on behalf of my child and myself, my personal representatives, heirs, executors, administrators, agents, and assigns, agree to hold harmless, defend and indemnify the Releases from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits or judgments of any and all kind (including attorneys’ fees and costs) arising from any injury, property damage or illness that my child may cause as a result of my child’s participation in online camp, classes, or lessons.
Cancellation: All online camp weeks are non-refundable. A reservation can be changed to a different week running in the same calendar year for a $25 change-of-schedule fee if this request is submitted at least 12 days before the start date of the original reservation.
Audio/Visual Recording & Screen Sharing: By participating in online camps each the legal guardian of the camper consent that (1) the child may share his/her screen with the Lavner Education instructor(s) and others at camp, (2) that the child will use a separate account to login to the computer for camp purposes only, this account will not contain anything that is not for use at camp, (3) that the legal guardian will not hold Lavner Education liable for any information or anything else that may appear on the computer or through video during the camp, and that the legal guardian will maintain a space that is free and clear of any individual not signed up for camp and any item that may be harmful, offensive, and/or disruptive to others.. Lavner Education may record each session (camps, classes, and lessons) and utilize these recordings at its sole discretion for quality assurance purposes and more. These recordings are the sole property of Lavner Education.
Proprietary Rights: As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the Site, and all materials and content related to our programs even if the materials or content are not accessed through the Site. Your use of the Site does not grant to you ownership of any content, software, code, data or materials you may access on the Site
Recording:You agree that we may record all or any part of any live online classes and tutoring sessions (including voice chat communications and videos) for quality control and other purposes. You agree that we own all transcripts and recordings of such sessions, and you hereby irrevocably assign to us all rights in all such transcripts and recordings. You agree that you will not be able to access recordings of your child.
CERTAIN OBLIGATIONS AND PROHIBITIONS:
(a) Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited. Except as expressly permitted by these Terms and Conditions or by law, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Site or any materials or content related to our programs even if the materials or content are not accessed through the Site. If you improperly use the Site, we may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.
(b) We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various products, services and features offered on or through the Site, you will not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services; or (iii) gain or attempt to gain unauthorized access to other computer systems through the Site.
(c) You agree to not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any products, services, or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the products or services offered on or through the Site, including but not limited to any information residing on any server or database connected to the Site or any products or services offered on or through the Site; (ii) use the Site or the products or services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such products or services, including but not limited to sending mass unsolicited messages or “flooding” servers with requests; or (iii) use the Site or the Site’s products or services in violation of any applicable law or the legal rights of any third party.
(d) You agree that you will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s products or services, or any content thereof, or make unauthorized use thereof.
(e) You agree that you will not upload, post, transmit, distribute or otherwise publish through the Site or any product, service, or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site’s products or services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, profane, sexually explicit or indecent, (iii) violate any local, state, national or international law, (iv) violate, plagiarize or infringe the intellectual property, privacy, publicity, or other rights of third parties, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities, both on and off the Site.
(f) You agree that you will treat our online tutors and instructors with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those related to the subject for which you seek help. You agree that you will not disclose any information to your online tutor or instructor that could be considered personally identifiable information, such as your full name, address, telephone number, email address, social security number, or any other information that could be used to identify or locate you. Similarly, you agree that you will not solicit any such information from any online tutor or instructor and agree that if any online tutor or instructor ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing. You agree not to use the Site or the products, services, and information offered on the Site to recruit, solicit, or contact in any form tutors or instructors for employment or contracting for a business not affiliated with us without our advance written permission.
Products and Services:
(a) You are solely responsible for all computer hardware and other equipment and all fees for services (such as internet service and wireless services) required for access and use of our on-line products and services.
(b) To use products and services delivered on or through the Site, you will need to register on the Site and pay any applicable fees. You agree to provide accurate information about yourself. If we believe that such information is inaccurate, we reserve the right to suspend or terminate your account and refuse any and all use of our products or services. You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account or username. You may not transfer your account (including your username or password) to another person and you may not use anyone else’s account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user’s access to and use of the products and services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor’s parents, guardians or other authorized adults, including, but not limited to, authorized school representatives. You may not use any means to circumvent our access, registration, or payment systems. You may not continue to use the Site or any products or services available on the Site after we have terminated or suspended your access to the Site or the products or services on the Site.
MISCELLANEOUS: These Terms and Conditions comprise the entire agreement between you and us concerning the subject matter of these Terms and Conditions. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. We may assign these Terms and Conditions to any person or entity without your consent. You may not assign these Terms and Conditions without our prior written consent. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.