Service/Rental Agreement *
This agreement is entered into between Camp Livingston, Inc. and The Jewish Federation of Cincinnati collectively (Camp Livingston) and the Individual/Family for the 2023 Preview Day at Camp Livingston in Bennington, Indiana (the Campus).
The Group/Individual hereby reserves the right to use Camp Livingston during the period of August 10th.
BALANCE OF FEES:
All fees must be paid at time of accepting the agreement.
CANCELLATION POLICY / FEES:
Cancellation of the contract more than one month prior to the Event will result in a $50 administrative cancellation fee per person. Payment of 50% of the contracted amount or estimated fee will be required from all cancellations that take place less than 1 month in advance of the Group/Individual’s scheduled arrival.
PROGRAM AREAS AND EQUIPMENT:
Camp Livingston will provide softballs, bats, balls, bases, basketballs, volleyballs, volleyball nets, soccer balls, tennis rackets, and Frisbees to the Group/Individual. All equipment will be checked out to a responsible staff member of the Group/Individual who will manage the usage and care of the equipment and return the equipment to the appropriate location. Equipment that is not returned will be charged to the Group/Individual.
MEDICAL, HEALTH AND SAFETY
In addition to the terms and conditions relative to staffing set forth in the Rental Summary Form, Camp Livingston does not provide health care services or staff, medical supervision, treatment, maintenance, or dispensing of medications for Group/Individual and its participants and is not responsible for the health care of the Group/Individual’s participants. These responsibilities belong solely and exclusively to the Group/Individual.
A. Once at the Campus, the Group/Individual is required to participate in a brief orientation to Camp Livingston’s safety regulations and emergency procedures.
B. Group/Individual understands and acknowledges that Coronavirus/COVID-19 is an extremely contagious virus that spreads through person-to-person contact. Federal and state authorities recommend social distancing, facial masks and other methods as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Attending and/or participating in Camp Livingston and any of its activities could increase the risk of exposure and contracting COVID-19.
Camp Livingston DOES NOT guarantee, warrant or represent in any way that COVID-19/Coronavirus infection will not occur through your attendance at Camp Livingston or participation in its activities or by use of Camp Livingston facilities.
Group/Individual further agrees to the following Coronavirus and Infectious Disease terms and conditions:
• Group/IndividualGroup/Individual assumes all risk for itself and all members, participants and guests (“Persons”) regarding any use of Camp Livingston facilities, services, equipment and premises (collectively “Facilities”) and any participation in activities comes with inherent risks including, but not limited to, illness, disease and other ramifications which may result due to exposure to and/or infection with viruses, fungus or bacteria such as the coronavirus/COVID-19. In assuming such risk, Group/Individual understands, agrees, accepts and assumes full responsibility for these risks and Group/Individual is not relying on all such risks to be described in this Agreement.
• The foregoing list is not inclusive of all possible coronavirus/COVID-19 risks associated with Facilities and activities, and it in no way limits the operation of these terms or conditions.
• Group/Individuals agrees to conform with and adhere to any and all Camp Livingston, Indiana and CDC guidelines or requirements (whichever is most restrictive, in effect at the time of the Event identified in this agreement including, but not limited to:
All Persons must be isolated until they are able to leave Camp Livingston in the event they exhibit or complain of symptoms of COVID-19 as defined by the Centers for Disease Control (“CDC”) after arriving at Camp Livingston. Anyone symptomatic, diagnosed by a healthcare provider or tested positive for COVID-19 or other contagious disease, or awaiting test results or other confirmation of COVID-19 or other contagious disease prior to coming to Camp Livingston will not be permitted entrance. Camp Livingston does not provide testing, and all costs and arrangements relating to obtaining a test is the responsibility of the Group/Individual.
Any Person(s) who become symptomatic of or are diagnosed as having COVID-19 or other contagious disease, must immediately notify Camp Livingston and quarantine in accordance with protocols in effect at Camp Livingston at the time, and will not return to activities or participation until permitted by a health care provider or health department.
All Persons must immediately notify Camp Livingston and quarantine in accordance with protocols in effect at Camp Livingston if they learn that they have been in close contact (as defined by the CDC) with any other person who has tested positive for COVID-19 or other infectious disease.
All Persons will promptly submit to any and all coronavirus or COVID-19 testing requested, recommended or required by Camp Livingston, the State of Indiana, the United States or local health authorities at any time during my employment.
All Persons will follow all other applicable protocols and rules in effect at Camp Livingston relating in any way to coronavirus/COVID-19 or other infectious disease or agent and Group/Individual understands and agrees that any failure to adhere to or comply with any term of this section or any other protocol or rules as referenced herein may result in removal from Camp Livingston premises, Facilities and activities in Camp Livingston’s sole discretion.
Once on Camp Livingston premises, Persons will not go off site for any reason unless authorized in advance by the Executive Director.
Persons will provide proof of vaccination upon request by Camp Livingston.
H. In addition to the above, Group/Individual and Persons Group/Individualshall adhere to all protocols in effect at Camp Livingston on the date of the Event identified in this agreement in relation to sleeping and sleeping arrangements, use of dining facilities, masking while in or outside Facilities, sharing of food and beverages, and related activities.
I. Group/Individual understands and agrees that activities and program availability, length, frequency and/or volume of participants at any time may be impacted by COVID-19/ coronavirus or other contagion at the sole discretion of Camp Livingston.
EATING ACCOMMODATIONS AND MEALS:
Camp Livingston will provide cooks and helpers to prepare kosher meals and snacks for the rental period. Kosher food will be provided to furnish adequate nourishment and quantities for the participants of the Group/Individual as determined by Camp Livingston. As a Kosher facility, non-Kosher food (including snacks) may not be brought on to Camp premises at any time. Camp Livingston will provide meals for any participants requiring vegetarian or other special dietary meals with advance written notice of at least 14 days prior to the arrival of the Group/Individual. Cold water, coffee, and tea will be available at all times for the Group/Individual. Table service and clearing, will be the responsibility of the Group/Individual. No dishes or equipment can be removed from the dining hall or any designated eating area. No food may be brought into living quarters at any time.
Group/Individual understands and agrees that use of dining Facilities, food service, clean up, sanitization and related matters are subject to the protocols, guidelines and requirements of Camp Livingston, Indiana, local health department, and/or the CDC (whichever is most restrictive) in effect at the time of the Event.
Camp Livingston is a drug free campus. The possession, consumption, or use of drugs on camp grounds is not permitted. Any Group/Individual or Group/Individual participant found in violation of this policy will be removed from the camp premises immediately.
Camp Livingston is a smoke free campus. Group/Individual leaders are responsible for communicating and enforcing the smoking policy. Under no circumstances are Group/Individual members or any other visitors allowed to smoke in any living/sleeping facilities on the campus. At the Group/Individual’s request, Camp Livingston may assign one or more designated outdoor smoking areas which the Group/Individual shall be responsible for cleaning up before exiting the Campus on the final day of the Event.
HUNTING, FIREARMS and FIREWORKS:
NO hunting, firearms, fireworks, ammunition and explosives of any nature are permitted anywhere on the Campus property.
No visiting pets are allowed onto the Campus at any time, provided however that trained assistance animals may be permitted upon prior written approval of Camp Livingston.
All hazardous materials (e.g. gasoline, flammable liquids, poisonous substances) that a Group/Individual plans to bring onto the Campus must be approved in writing in advance by Camp Livingston, and appropriate storage and security procedures arranged. Candles, incense or tea lights or any type of open flame are not permitted in any cabin or building.
GROUP/INDIVIDUAL AND PERSONAL PROPERTY:
The Group/Individual and Group/Individual Leader acknowledges that Camp Livingston accepts no responsibility for any personal property of the Group/Individual or any of its participants, whether at the Campus or in transit to or from the Campus.
In order to allow the movement of emergency vehicles throughout the Campus, all Group/Individual guests’ vehicles must be parked in one of the designated parking areas. Parking in or around the cabins and program facilities is prohibited. All vehicles must be driven only on Campus roads and not on footpaths or other areas. The Campus speed limit is 8 MPH unless otherwise marked.
Group/Individual leaders are expected to be familiar with the Emergency Procedures as provided by Camp Livingston, and to share them with Group/Individual members and other Event participants to ensure a safe event.
The kitchen, lake, swimming pool, and ropes course are all off-limits to Event participants unless otherwise expressly agreed to in writing prior to the Event and provided there is proper supervision. Policies regarding the use of the waterfront and ropes course areas are available upon request. The Policies apply to all Group/Individuals using the Campus facilities. All Group/Individuals are expected to adhere to these policies as established. No waterfront or ropes course activities may take place without prior arrangements with Camp Livingston.
Each Group/Individual is responsible for carrying their own insurance policy and will sign a waiver upon arrival at camp.
To the fullest extent permitted by law, the Group/Individual shall and does agree to defend, indemnify and hold harmless Camp Livingston, The Jewish Federation of Cincinnati, and each of their respective members, officers, directors, employees, agents and representatives (collectively, the “Indemnified Parties”) from and against any and all liability, losses, claims, damages, liens, causes of action, suits, judgments and expenses (including attorney’s fees and other costs of defense) (collectively “Losses”), of any nature, kind or description, which directly or indirectly arise from or are related to (a) the Group/Individual’s performance of its services/activities set forth in this Agreement or the breach of this Agreement, or (b) are attributable to bodily injury, personal injury, sickness, disease or death of any person, or to damage to or destruction of tangible property, or (c) any violation of any law, rule or regulation, but (d) only to the extent they are caused by any negligent or unlawful acts, errors or omissions of the Group/Individual, any member of the Group/Individual, anyone directly or indirectly employed by the Group/Individual or anyone for whose acts the Group/Individual is legally liable. Group/Individual understands and agrees that Losses expressly include any caused by or resulting in any way from COVID-19/coronavirus or any other contagion, viral/fungal/bacterial infection, sickness or disease (collectively “Infection”) and Group/Individual’s obligations under this section are not limited by the source or cause of such Infection.
In consideration of the terms and conditions of this agreement Group/Individual, for itself and its participants and Persons and their respective heirs, representatives, executors, administrators, and assigns (“Releasors”), DO HEREBY AGREE TO FOREVER RELEASE, WAIVE, INDEMNIFY, DEFEND AND HOLD HARMLESS Camp Livingston, Inc. and its officers, directors, agents, employees and staff members, volunteers, insurers and representatives (“Releasees”) from any causes of action, claims or demands of any kind or nature whatsoever including, but in no way limited to, claims of negligence, which any Releasors may have now or in the future against the Releasees (individually or jointly) on account of or relating to loss, personal injury, property damage, disability, death, accident, viral/fungal/bacterial infection, sickness or disease, however occurring with respect to or from participation in Camp Livingston or its activities and/or use or access to its facilities. Group/Individual understands that it will be solely responsible for any loss or damage for, including but not limited to, personal injury, property damage, disability, accident, infection of any kind or nature, sickness or death sustained or resulting in any way from the use of or access to facilities, attendance at Camp Livingston and/or participation in its activities or use of Facilities.
The Group/Individual leader understands and certifies that part of the camping experience involves activities and Group/Individual interactions that may be new to participants, and that these activities and interactions come with uncertainties beyond what the participants may be used to dealing with at their individual homes. The Group/Individual leader certifies he/she has informed participants that they may participate in activities (such as canoeing, high ropes, hiking, etc.) which involve additional levels of risks. The Group/Individual leader is aware of these risks, and is assuming them on behalf of participants and has informed participants of the potential risks. The Group/Individual leader understands and has informed participants that no environment is risk-free, has instructed participants on the importance of abiding by Camp Livingston’s rules, and agrees that he/she will make sure participants are familiar with these rules and will obey them.
Camp Livingston reserves the right to require that the Group/Individual remove from the Camp Livingston and Facilities any person or persons in, or in any way connected with, Group/Individual, Group/Individual Leader, Group/Individual participants, or Persons who, in the sole opinion of Camp Livingston, is or are creating a disturbance, is ill or symptomatic of an Infection, or who is or are otherwise disrupting activities or who has violated any terms and conditions of this agreement on the Campus. Group/Individual agrees to permit only authorized persons to enter the Campus and shall take all necessary steps to remove unauthorized persons from the Campus. No refund will be granted with respect to any member of a Group/Individual removed from Camp Livingston premises for violation of any provision of this Agreement.
LIMITATION OF LIABILITY:
Camp Livingston shall not be liable to the Group/Individual, any Persons, or any member of the Group/Individual for any special, consequential (even if Camp Livingston has been informed of the possibility of such damages), incidental, punitive or indirect damages, losses, costs or expenses of any kind or any lost or imputed profits arising out of this Agreement or the termination thereof, however caused, and whether based in contract, tort (including negligence) or any other theory of liability. The Group/Individual waives any claim that these exclusions deprive it of an adequate remedy. Camp Livingston’s liability to the Group/Individual and any member of the Group/Individual shall not exceed the total amount of the fees paid or payable hereunder.
(a) Representations and Warranties. Each party represents and warrants to the other party that: (i) such party has all necessary right, power and authority to enter into this Agreement and to perform its obligations hereunder; and (ii) nothing contained in this Agreement or required by such party's performance hereunder will place such party in breach of any other contract or agreement to which it is bound or violate any applicable law, including obscenity, privacy and defamation laws. The person signing on behalf of the Group/Individual further represents and warrants that each and every member of the Group/Individual that enters upon Camp Livingston property has agreed to be bound by the terms of this Agreement.
(b) Jurisdiction and Governing Law; Attorneys’ Fees. Each party irrevocably consents to the exclusive personal jurisdiction of the state and federal courts located in Hamilton County, Ohio and agrees that any claim against the other arising from or in connection with this Agreement shall be brought in such courts. The rights and obligations of the parties under this Agreement shall be governed by and construed under the laws of the State of Ohio without reference to conflict of laws principles.
(c) Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, infection or disease of any kind or nature, or any other cause beyond the reasonable control of such party.
(d) Notice. Any notice, communication or statement relating to this Agreement shall be in writing and deemed effective: (i) upon delivery when delivered in person; (ii) upon transmission when delivered by email with return receipt requested; or (iii) upon delivery when delivered by registered or certified mail, postage prepaid, return receipt requested or by nationally-recognized overnight courier service, to each party at the address set forth below:
Camp Livingston, Inc. Jewish Federation of Cincinnati
Attn: Executive Director Attn: Chief Operating Officer
8485 Ridge Road 8499 Ridge Road
Cincinnati, OH 45236 Cincinnati, OH 45236
Notwithstanding anything to the contrary above, communications relating to cancelation, program areas and food needs prior to the Event shall be sent via email to firstname.lastname@example.org.
(e) Amendments and Waivers. The failure of either party to insist upon or enforce strict performance by the other or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. No change, amendment or modification of any provision of this Agreement shall be valid unless in writing signed by both parties.
(f) Construction of Agreement. Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement.
(g) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof, and merges all prior discussions and writings between them with respect to the contents of this Agreement. If any provision (or part thereof) of this Agreement is determined by a court of competent jurisdiction as part of a final non-appealable ruling, government action or binding arbitration, to be invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement shall remain in full force and effect and bind the parties according to its terms.
On behalf of Group/Individual, I, as the Group/Individual Leader, have read, understand and agree to abide by, the stated contract terms and conditions.
The individual executing this agreement on behalf of the Group/Individual represents to Camp Livingston that they are authorized to do so, and understands that Camp Livingston is relying upon this representation in entering into this agreement.