Terms and Conditions

Release Of Liability (Keiki)

Participant Agreement, License, Liability Waiver and Release (“Release”)
(Keiki – Under 18 Years Old)

I, the undersigned, am the parent or legal guardian of my child and I agree to have my child participate in tennis camp and related activities for entire duration of the selected activity (“Activity”) held by Aloha Tennis Camps, LLC (“ATC”) pursuant to the following terms and conditions:

1. Age of Majority. I affirm that I am at least 18 years old and legally competent to be bound by
each of the terms and conditions in this Release, as evidenced by my signature below.

2. Fitness and Responsible Behavior. I affirm that I am not aware of any physical, psychological, or other condition of my child that would create a hazard to me, my child, or any other participant as a result of my child’s participation in the Activity. I agree that, during the Activity, I will have my child act responsibly and not act recklessly. I agree that if at any time I feel any activity to be unsafe for my child due to his/her physical, psychological, or other condition, I will immediately remove my child from participation in the Activity and I waive any and all claims for a refund. In the event that ATC reasonably determines that my child is unfit to participate in the Activity, ATC may immediately terminate services and I waive any and all claims for a refund.

3. Acknowledgment of Risks Inherent in the Activity. I acknowledge that the Activity involves
handling sports equipment such as balls, racquets, nets, frisbees, cones, ball sweepers, and other such equipment, and my child’s participation involves handling such sports equipment and engaging in physical activity. My child’s participation in the Activity may result in lacerations, bruises, sunburn, broken bones, and/or serious injury, including without limitation partial or total disability, paralysis, death, and/or severe social and economic losses which might be caused in whole or in part not only from my child’s actions, but also from the condition of the Activity premises and/or the actions, inaction, or negligence of others.

4. Assumption and Release of All Risks. Notwithstanding the risks and dangers inherent in my child’s participation in the Activity, I choose to have my child participate. I acknowledge that part of the Activity will include ATC providing my child with snacks and drinks. I expressly and voluntarily assume all risks in connection with or arising out of the Activity. I acknowledge there may be other risks not known to me or not reasonably foreseeable at this time and I assume these unknown and unforeseen risks as well, hereby waiving all rights and benefits conferred by any statute, regulation, or principle of local common or civil law or of the United States.

5. Release of Liability. I, on behalf of myself, my child, my child’s personal representatives,
administrators, assigns, and heirs, release and forever discharge ATC, its officers, directors, employees, agents, representatives, affiliates, and subsidiaries (“ATC Parties”) from all liabilities, demands, losses, damages, suits, costs, and expenses (including without limitation attorney fees and related legal expenses in defending any claim) of any nature whatsoever arising out of or in any way related, directly or indirectly, to my child’s participation in the Activity, whether due to negligence or any other fault or liability of anyone. ATC and I agree that this is a full and complete release of the matters released herein, provided, however, that no claims to enforce this Release are released. I also expressly agree to indemnify ATC Parties from any third party claims caused in whole or in part by my child’s actions or inaction arising out of or in any way related, directly or indirectly, to my child’s participation in the Activity. I agree as well to hold harmless and indemnify Aloha Tennis Camps, the School, their officers, directors, owners, officials, agents and employees, from any and all liability, loss, damages, costs, refunds or expenses which are sustained, incurred or required out of the actions of my dependent in the course of the activity.

6. Emergency Medical Care. I authorize and consent to emergency medical care for my child and transportation to obtain treatment in case of injury. I expressly agree to be financially responsible for such care. The release of ATC Parties’ liability in this agreement extends to any liability arising out of or in any way related, directly or indirectly, with any medical treatment and transportation my child receives.

7. Use of Voice, Image, and Likeness. I hereby consent to recording of my child’s voice, image, likeness, and name in any media by ATC Parties. In consideration of the opportunity to participate in the Activity, I, on behalf of myself, my child, my child’s personal representatives, administrators, assigns, and heirs, grant to ATC an irrevocable, nonexclusive, perpetual, royalty-free and worldwide license to use and reproduce my or my child’s voice, image, or likeness in any media, now known or hereafter devised, for any purpose.

8. Severability. I expressly agree that the terms of this Release are intended to be as broad and as inclusive as is permitted under state law. If any portion of this Release is held invalid or unenforceable to any extent and for any reason by any court of competent jurisdiction, the remainder of this Release will not be affected and will be enforceable to the full extent permitted by law.

9. Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

10. Aftercare Fees. I agree to pick up my child promptly at the end of tennis camp each day. In the event that I am more than fifteen (15) minutes late, I agree to pay ATC a fee of fifty dollars ($50) plus seventy-five dollars ($75) per hour thereafter, which shall be calculated in ten (10) minute increments. I expressly authorize ATC to charge the credit card that is on my file, and hold harmless ATC from claims by third parties, for aftercare fees that I may incur. If ATC does not charge my credit card, I agree to pay any written invoice submitted to me no more than fourteen (14) days after receipt.

Release of Liability (Kanaka Mauka)

Participant Agreement, License, Liability Waiver and Release (“Release”)
(Kanaka Makua – Adult 18 Years and Older)

I, the undersigned, agree to participate in tennis camp and related activities
for entire duration of my selected activity (“Activity”) held by Aloha Tennis Camps (“ATC”)
pursuant to the following terms and conditions:

1. Age of Majority. I affirm that I am at least 18 years old and legally competent to be bound by each of the terms and conditions in this Release, as evidenced by my signature below.

2. Fitness and Responsible Behavior. I affirm that I am not aware of any physical, psychological, or other condition that would create a hazard to myself or any other participant as a result of my participation in the Activity. I agree that, during the Activity, I will act responsibly and not act recklessly. I agree that if at any time I feel any activity to be unsafe for myself due to my physical, psychological, or other condition, I will immediately remove myself from participation in the Activity.

3. Acknowledgment of Risks Inherent in the Activity. I acknowledge that the Activity involves handling sports equipment such as balls, racquets, nets, frisbees, cones, ball sweepers, and other such equipment, and my participation involves handling such sports equipment and
engaging in physical activity. My participation in the Activity may result in lacerations, bruises,
sunburn, broken bones, and/or serious injury, including without limitation partial or total disability, paralysis, death, and/or severe social and economic losses which might be caused in whole or in part not only from my actions, but also from the condition of the Activity premises and/or the actions, inaction, or negligence of others.

4. Assumption and Release of All Risks. Notwithstanding the risks and dangers inherent in my participation in the Activity, I choose to participate. I expressly and voluntarily assume all risks in connection with or arising out of the Activity. I acknowledge there may be other risks not known to me or not reasonably foreseeable at this time and I assume these unknown and unforeseen risks as well, hereby waiving all rights and benefits conferred by any statute, regulation, or principle of common law or civil law, whether state or federal.

5. Release of Liability. I, on behalf of myself, my personal representatives, administrators, assigns, and heirs, release and forever discharge ATC, its officers, directors, employees, agents, representatives, affiliates, and subsidiaries (“ATC Parties”) from all liabilities, demands, losses, damages, suits, costs, and expenses (including without limitation attorney fees and related legal expenses in defending any claim) of any nature whatsoever arising out of or in any way related, directly or indirectly, to my participation in the Activity, whether due to negligence or any other fault or liability of anyone. ATC and I agree that this is a full and complete release of the matters released herein, provided, however, that no claims to enforce this Release are released. I also expressly agree to indemnify ATC Parties from any third party claims caused in whole or in part by my actions or inaction arising out of or in any way related, directly or indirectly, to my participation in the Activity.

6. Emergency Medical Care. I authorize and consent to emergency medical care and transportation to obtain treatment in case of injury. I expressly agree to be financially responsible for such care. The release of ATC Parties’ liability in this agreement extends to any liability arising out of or in any way related, directly or indirectly, with any medical treatment and transportation I receive.

7. Use of Voice, Image, and Likeness. I hereby consent to recording of my voice, image, likeness, and name in any media by ATC Parties. In consideration of the opportunity to participate in the Activity, I, on behalf of myself, my personal representatives, administrators, assigns, and heirs, grant to ATC an irrevocable, nonexclusive, perpetual, royalty-free and worldwide license to use and reproduce my voice, image, or likeness in any media, now known
or hereafter devised, for any purpose.

8. Severability. I expressly agree that the terms of this Release are intended to be as broad and as inclusive as is permitted under state law. If any portion of this Release is held invalid or
unenforceable to any extent and for any reason by any court of competent jurisdiction, the
remainder of this Release will not be affected and will be enforceable to the full extent permitted
by law.

9. Entire Agreement. This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended other than by an agreement in writing.

Agreement to Arbitrate Disputes

IN THE EVENT OF ANY DISPUTE PERTAINING TO ANY PROVISION OF THIS AGREEMENT, OR PERTAINING TO THE SERVICES RENDERED PURSUANT TO THIS AGREEMENT, OR IN ANY WAY RELATED TO ATTENDANCE AT THIS CAMP, INCLUDING ANY CLAIM FOR PERSONAL INJURY OR OTHER LOSS, INCLUDING ANY CLAIM AGAINST THE SCHOOL, ANY DIRECTOR, OFFICER, OWNER, OFFICIAL, EMPLOYEE, OR AGENT OF THE CAMP OR OF ANY FOREGOING ENTITY, EACH PARTY HERETO AGREES TO SUBMIT TO BINDING ARBITRATION TO RESOLVE SUCH DISPUTES, BY CLAIM FILED, BEFORE JAMS IN SAN FRANCISCO, CALIFORNIA, TO BE ARBITRATED HERE OR SUCH OTHER VENUE AS DEEMED APPROPRIATE BY THE JAMS ARBITRATOR, SUCH ARBITRATION TO PROCEED UNDER THE JAMS RULES. In the event either party to this agreement incurs any expense as a result of the other party’s failure to comply with any provision of this agreement, the non-complying party shall be liable for reimbursement of any and all such expenses or attorney fees directly or indirectly related to failure to comply. In the event any legal action or proceeding occurs which is in any manner related to or pertaining to this agreement, attempting to challenge in a non-arbitral forum such as a court of law the validity or application of this agreement, the party who substantially prevails in that court or non-arbitral proceeding shall be entitled to receive reasonable costs of such action or proceeding including attorney’s fees. In the arbitration itself, each party shall bear its own attorneys’ fees. The following disclosures are intended to help you thoroughly understand the significance of agreeing to arbitrate any controversy, or claim, or issue in any controversy or claim which may arise between the undersigned client and the attorney:

A) ARBITRATION SHALL BE FINAL AND BINDING ON THE PARTIES.

B) THE PARTIES HERETO ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT,
INCLUDING THE RIGHT TO JURY TRIAL.

C) PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM COURT PROCEEDINGS.

D) THE ARBITRATOR’S (S) AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO APPEAL OR TO SEEK MODIFICATION OF RULINGS BY THE ARBITRATOR (S) IS STRICTLY LIMITED.

E) THE ARBITRATOR OR PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE AN ATTORNEY OR JUDGE, ACTIVE OR RETIRED. BY CONTINUING TO PROCEED THROUGH AND COMPLETE THE REGISTRATION PROCESS, YOU ARE SIGNIFYING UNDERSTANDING AND ACCEPTANCE OF THE PROVISIONS OF THIS AGREEMENT.

I hereby certify that my minor/ward is in good health and fully able to participate in all activities of the Camp. By continuing to proceed through and complete the registration process, I am stating that I am also aware of and accept the risk inherent in the program activity. I agree as well to hold harmless and indemnify Aloha Tennis Camps, the School, their officers, directors, owners, officials, agents and employees, from any and all liability, loss, damages, costs, refunds or expenses which are sustained, incurred or required out of the actions of my dependent in the course of the activity. I HAVE READ AND FULLY UNDERSTAND OUR OBLIGATIONS STATED THEREIN AND ALSO THE RIGHTS OF ALOHA TENNIS CAMPS, ALL PRIVATE/PUBLIC SCHOOLS, AND HEREBY AGREE TO ACT IN ACCORDANCE. For good and adequate consideration, which I acknowledge I have received, I hereby grant, release, and quitclaim to Aloha Tennis Camps and all public/private schools royalty free the right and authority to use, reproduce, and distribute, quoted material, my child’s photograph, likeness, recorded voice or videotaped filmed appearances (the “Materials”) for promotional and advertising purposes as Aloha Tennis Camps and all public/private schools in its sole discretion will deem appropriate. I further expressly agree that the waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Refund Policy

Within 7 days of your registered event no refunds will be issued due to the limited availability and time remaining to fill vacancies. The camp director reserves authority to issue refunds specific to circumstantial cases. Individual camp day absences WILL NOT be issued refunds. In the event of cancellation due to bad weather, the camp director reserves the right to reschedule, adjust, and/or issue reimbursement based on the severity and/or length of the cancellation or postponement.

Privacy Policy

Aloha Tennis Camps is committed to maintaining the privacy of your information. This notice explains how we collect, share, and protect the information that you provide to us. By accessing our website, you are consenting to the terms described below.

In order to optimize your use of our website and services, we may need to collect the following types of information from you:

Contact, Registration, and Billing Information
You may choose to provide us with information about you or a camper in order to request information, have full use of our website, or enroll in a camp or other service. Specifically, this personally identifying information includes:

Contact information, such as your name, e-mail address, mailing address, and phone number;
Camper information, including a name, date of birth, and gender; and
Billing information, such as a credit card number and a billing address.

In general, the information we collect is protected against unauthorized access and is not sold to or shared with third parties. Our website has security measures in place to protect your information and to maintain data accuracy. The confidential data you submit is encrypted using industry-standard Secure Socket Layer (“SSL”) encryption, utilized by most popular browsers.

We reserve the right to amend this Privacy Policy at any time. Your use of our website after changes to this Privacy Policy are posted constitutes your acceptance of those changes.