H2O DREAMS, LLC TERMS AND CONDITIONS
OF CUSTOM GROUP INSTRUCTION
This Custom Group Instruction Agreement (this “Agreement) is made effective as of by and between (the “Recipient”), and H2o Dreams, LLC (the “Contractor”). In this agreement the party who is contracting to receive the services shall be referred to as “Recipient,” and the party who will be providing the services shall be referred to as contractor.
The custom group instruction will operate under the normal H2o Dreams, LLC “Terms and Conditions of Registration” policies below for each individual participant.
ELIGIBILITY FOR PARTICIPANTS
- To attend a trip or instructional workshop, a participant must both register and pay in full on the H2o Dreams website by credit card or over the phone.
- Be able to independently participate in all individual skills and activities listed in each course outline while also maintaining an appropriate and safe body position.
- Be able to hold his/her breath while underwater and, while in the water wearing a properly fitted lifejacket, be able to independently turn from a face down to a face-up position keeping the head above water.
- Be able to effectively communicate with instructors and course participants.
- Be able to manage all personal care independently or with the assistance of a companion.
- Be able to manage all personal mobility independently or with the assistance of a companion.
- Must not be under the influence of alcohol or non-prescription drugs during sanctioned trip activities.
- Some trips or instructional workshops may have specific pre-requisites that participants must meet to be eligible.
In order to attend a trip or instructional workshop, participants must do the following:
- Register for the trip during the appropriate sign-up period online or over the phone. Payment in full or a non-refundable 50% deposit is acceptable for specified courses.
- Submit a signed H2o Dreams, LLC Risk and Release of Liability waiver to attend the trip or clinic.
- Provide an eligible email address and phone number to provide the participant with appropriate pre-trip information.
- Be on time to the trip or workshop. Trips or workshops will not be delayed or pro-rated for participants.
- We do not offer refunds for H2o Dreams programming. Students may find a replacement for his/her spot in the class that meets the above eligibility criteria. Deposits are non-refundable, and total trip cost is to be paid in full by 15 days prior to the trip start date; payment, in its entirety, is thereby non-refundable within 15 days of trip start date. H2o Dreams reserves the right to cancel and reschedule a clinic or lesson at any time as weather and river flows can be unpredictable and will work diligently to communicate changes in plans and location in a timely manner with safety and effectiveness as a number one priority. Should a course be canceled on the part of H2o Dreams, only then will a full refund or course credit is offered.
- A $25 rescheduling fee is required for cancellations and/or rescheduling within two weeks of the course date; this fee may be waived if a replacement is found on the part of the student. Otherwise, course credit may be applied to a class after priority is given to first-time registrants. Students who are rescheduling group clinics will be waitlisted and informed of his/her status no less than three days out from the course. Private instruction may be rescheduled at the availability of the instructor(s).
CONFIDENTIALITY AND ADVERTISEMENT OF CUSTOM GROUP RATES
- Custom group rates are for established groups and are not to be advertised on any public medium. All promotion of custom clinics must be conducted privately to group members only in a way that does not compete with H2o Dreams publicly functioning instructional classes. We offer custom group rates as a courtesy to established groups reflecting the size of the group and the resources necessary to conduct the class to an H2o Dreams standard. Any custom group class that is advertised publicly without the expressed consent of the management of H2o Dreams is grounds for termination of this contract and forfeiture of deposit, or, full course payment if within 15 days of the start of class. This includes advertisement on:
- Public Facebook groups
- Public websites
- Non-affiliated groups and websites
- Public flyering
- Exceptions can be made, but, expressed consent must be provided in writing with terms of acceptable conduct. In no case will prices and/or pricing structure be advertised publicly and advertisement of such must be maintained through consistent and private channels to the group the service is being provided for.
DESCRIPTION OF SERVICES
H2o Dreams, LLC will provide the following services (collectively, the “Services”)
Beginning on – June 20-21, 2019
The Contractor will provide – Custom Swiftwater Rescue Course
PAYMENT FOR SERVICES
The Recipient will pay compensation to the Contractor for the Services in the amount of ___________________$1000________________________________________________________________
A non-refundable deposit of 50% is required to reserve the dates of services. Full payment is due at the completion of the Services.
No other fee and/or expenses will be paid to H2o Dreams, LLC, unless such fees and/or expenses have been approved in advance by the appropriate executive on behalf of the Recipient in writing. H2o Dreams, LLC shall be responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to such comepnsation.
This agreement shall terminate automatically on July 21, 2019
A regular ongoing relationship of indefinite term is not contemplated. The Recipient has no right to assign services to H2o Dreams, LLC other than as explicitly contemplated by this Agreement. However, the parties may mutually agree that H2o Dreams, LLC shall perform other services for the Recipient, pursuant to the terms of this Agreement.
RELATIONSHIP OF PARTIES
It is understood by the parties that H2o Dreams, LLC is an independent contractor with respect to the Recipient, and not an employee of the Recipient. The Recipient will not provide benefits including insurance, or any other employee benefit for the benefit of H2o Dreams, LLC.
It is contemplated that the relationship between H2o Dreams, LLC and the Recipient shall be non-exclusive. H2o Dreams, LLC also performs services for other organizations and/or individuals. The Recipient has no right to further inquire into H2o Dreams, LLC other business activities.
H2o Dreams, LLC acknowledges its obligation to obtain appropriate insurance coverage for the benefit of H2o Dreams, LLC and the employees of H2o Dreams, LLC. H2o Dreams, LLC waives any rights to recovery from the Recipient for any injuries that H2o Dreams, LLC and its employees may sustain while performing services under this Agreement and that are a result of the negligence of the H2o Dreams, LLC and its employees. H2o Dreams, LLC will provide proof of insurance to the Recipient upon request.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
All matters relating to the Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
I certify that I have fully read and understood the foregoing TERMS AND CONDITIONS OF CUSTOM GROUP INSTRUCTION. I agree to abide by the policies and procedures of H2o Dreams, LLC and follow all directions of the service leaders/instructors. I further understand and acknowledge that the terms of this agreement are legally binding.
Agent of Recipient (Print):____________________________________________________________
Contractor: H2o Dreams, LLC
Date:__June 10, 2019__________________________________________