Chinmaya Mission San Jose Bala Vihar Terms and Conditions (last modified July 2022)
Bala Vihar and Shishu Vihar Registration Eligibility; Parental Responsibility; Assumption of Risk and Provision of Indemnity, Waiver and Release; Code of Conduct; Publicity Consent Form; Refund/Cancellation Policy; Raising Concerns, Choice of Law and Choice of Venue
For the purposes of these terms, conditions and policies:
“Chinmaya Mission” refers to Chinmaya Mission San Jose, a California corporation, and includes its affiliates, directors, officers, volunteers, employees, agents, representatives, facilitators, vendors and contractors.
The terms “I”, “You” and “Your” refer to the person completing this registration and acknowledging these terms, conditions and policies below.
The terms “Child” and “Children” refer in the singular and plural to Your adult and minor children (including children by birth, step-children and adopted children), whether or not living in the same household as You.
The term “Family” refers to any individual or combination of You and Your spouse or registered domestic partner and Your and their parents, grandparents, Children, and any other lineal ancestors or descendents, whether or not such foregoing individuals live in the same household. In addition, the term Family also includes any other person living in the same household as You, whether or not related by blood.
BALA VIHAR AND SHISHU VIHAR REGISTRATION ELIGIBILITY
- Children can only be registered for Bala Vihar by their own parent or legal guardian. It is not permitted to register another Family’s Children – including Your niece/nephew or family friend’s child. Please contact the Bala Vihar coordinator for Your location if You have any circumstances that need financial accommodation. Chinmaya Mission reserves the right to verify that this condition has been met, and cancel any registrations not meeting this criteria, with a refund of the amount paid less processing fees.
- To be eligible for Shishu Vihar (PreKG) admission, a student must be enrolled in PreKG and be between 3 and 5 years of age.To be eligible for Bala Vihar class admission, a student must be enrolled in Grade K or higher in a regular school. Chinmaya Mission reserves the right to refuse admission to students who do not meet this eligibility requirement.
- To enroll in any other classes besides Bala Vihar, the Child must be registered and regularly attend Bala Vihar class. If a Child misses 3 or more Bala Vihar classes, Chinmaya Mission may cancel the entire registration without any refund to the Family.
PARENTAL RESPONSIBILITY
- Shishu Vihar (Pre-KG) students need to be accompanied at all times by a parent. Parent presence and participation in the class is a mandatory requirement.
- Bala Vihar children must be accompanied by a parent at all times outside the Bala Vihar classroom. Chinmaya Mission will not be responsible for children outside the classroom.
ASSUMPTION OF RISK, AND PROVISION OF INDEMNITY, WAIVER AND RELEASE
I acknowledge that participation in activities conducted by Chinmaya Mission include anticipated and unanticipated risks, including but not limited to risks of bodily harm, sickness, disease, injury and death, including such risks from exposure to or infection from the SARS-CoV-2 (COVID-19) virus and any current or future variants thereof. Such risks include, but are not limited to, risks that may arise from negligence, gross negligence or carelessness on the part of Chinmaya Mission, including the commissions or omission of certain acts , failure to implement or maintain adequate health, safety and social distancing measures, and from dangerous or defective equipment or property owned, maintained, or controlled by Chinmaya Mission. I acknowledge that Chinmaya Mission shall NOT be responsible for errors, omissions, acts, or failures to act while conducting a specific activity. I acknowledge that such activities may involve a test of a person’s physical and mental limits and carry the potential for death, serious injury, and property damage and loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. Such risks may apply to participants or volunteers differently.
By my acknowledgment below, I hereby assume all risks of participating in any and all activities conducted by Chinmaya Mission, and assume full responsibility for my Family for any harm, bodily injury, sickness, disease, death, property loss or damage, and expenses thereof, resulting from participation in such activities, including from the negligence or gross negligence of Chinmaya Mission or other participants and the athletic and physical condition of any member of my Family who participates in such activities. I also assume full responsibility for ensuring the safety of my Children, during such activities.
In consideration of being permitted to participate in Chinmaya Mission activities, by my acknowledgment below, I hereby voluntarily agree, on behalf of myself and my Family and our executors, administrators, heirs, next of kin, successors and assigns, to INDEMNIFY, RELEASE, HOLD HARMLESS AND PROMISE NOT TO SUE OR PURSUE Chinmaya Mission for any liabilities, claims and/or damages arising from their negligence, gross negligence or any fault (including from the commission or omission of any acts) resulting in death, disability, personal physical or mental injury, property damage, property theft, or adverse outcome of any kind, including but not limited to exposure to or infection from the SARS-CoV-2 (COVID-19) virus and any current or future variants thereof, which may hereafter occur to me or my Family from such activities, including from traveling to and from such activities.
The foregoing shall be construed broadly to provide Chinmaya Mission and indemnification, waiver and release to the maximum extent permissible under applicable law.
I HAVE READ THIS ASSUMPTION OF RISK, AND PROVISION OF INDEMNIFICATION, WAIVER AND RELEASE, FULLY UNDERSTAND ITS TERMS, FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY COMPLETING MY ACKNOWLEDGMENT BELOW, AND HAVE SO ACKNOWLEDGED FREELY AND VOLUNTARILY WITHOUT ANY COERCION OR ANY OTHER ASSURANCE OR GUARANTEE BEING MADE TO ME THAT IS NOT SPECIFICALLY MENTIONED HEREIN.
MEDICAL AUTHORIZATION
In the event of an emergency that occurs during any Chinmaya Mission activities or on Chinmaya Mission premises, I authorize Chinmaya Mission to seek emergency medical treatment for my Family. The foregoing indemnification, waiver and release provisions shall apply in such circumstances. Further, I agree to accept financial responsibility for any medical expenses and/or loss of income not covered by my insurance policy.
CODE OF CONDUCT
I understand that activities, programs, and camps require that all participants abide by generally accepted Code of Conduct including and not restricted to:
1. Abide by the rules and regulations of Chinmaya Mission as well as instructions provided by any Chinmaya Mission activity, program or camp facilitators.
2. Use language appropriate for a spiritual community.
3. Respect the rights, privacy and property of others including, but not limited to, digital licenses and digital platforms.
4. Respect the property and digital platforms licensed by Chinmaya Mission or any other physical location where Chinmaya Mission activities, programs and camps may be held.
5. Wear appropriate clothes for activities as suggested by Chinmaya Mission facilitators.
Additionally, I acknowledge, agree to, abide by, and accept that:
6. Engaging in disruptive behavior or threatening acts of physical, sexual or verbal abuse using any of the digital platforms is strictly prohibited.
7. Possession or use of tobacco, alcohol, marijuana, mind-altering drugs or any illegal substance or paraphernalia during Chinmaya Mission sessions is prohibited.
8. Possession or use of any weapons, including cyber-weapons, is prohibited.
By completing the acknowledgment below, I and my Family agree to abide by the Code of Conduct for Chinmaya Mission activities, programs, and camps, and we understand that any violation of the same could result in us being asked to withdraw from any activities, programs, or camps without any refund.
PUBLICITY CONSENT
I understand that Bala Vihar sessions and other Chinmaya Mission activities may be recorded and the recordings may include images or voices of members of my Family, or other forms of likeness of members of my Family. By acknowledging below, I authorize Chinmaya Mission to use any photos, video or other digital media which use the likeness and or name of my Children taken during their participation in Chinmaya Mission activities in publicity materials for Chinmaya Mission.
I further authorize Chinmaya Mission to perpetually, and free of charge, use any content generated through such activities or other digital or other materials generated by my Family during any activities for the creation of training or other materials, with or without attribution to my Family. I understand and agree that such content may include, but is not limited to, art work, essays, musical renditions, dance, recitals, performances, drama, presentations, questions asked or answered by my Children, or any other content.
I also agree to hold harmless Chinmaya Mission for any harm resulting from the publication of above mentioned content. The foregoing indemnification, waiver and release provisions shall apply to such publication or publicity.
REFUND/CANCELLATION POLICY
Fees for Bala Vihar and all other classes and all other Chinmaya Mission activities are non-refundable under all circumstances, including due to cancelation of classes. Children may require textbooks for classes, which are not included in the class fees and must be purchased separately. I acknowledge having read and understood this Refund and Cancellation Policy, and agree to abide by it.
RAISING CONCERNS, CHOICE OF LAW & CHOICE OF VENUE
If any concern arises out of my Family’s participation in Bala Vihar or any other Chinmaya Mission activities, I agree to bring my concern(s) to the attention of facilitators of the activities in writing. If the facilitators fail to address said concern in a reasonable manner, I agree to raise the concern(s) in writing with the Chinmaya Mission San Jose Board in writing. I understand that concerns must be emailed to: board@cmsj.org.
If the concern(s) arising out of my Family’s participation in Bala Vihar or any other Chinmaya Mission activities is not addressed in a reasonable manner, I agree to formally seek mediation for any such concern or dispute in California prior to seeking any further legal action. Further, I understand and agree that any such legal action must be pursued in Federal District court in the State of California. I agree that the laws of the State of California shall apply to all disputes or legal actions.
I understand that Chinmaya Mission has the right, in its sole discretion, to deny participation in any activities hosted by Chinmaya Mission at any time if there are any concerns at all that arise before or during any activity.
I acknowledge that I have been given the opportunity to ask questions regarding all of the foregoing policies and terms, including specifically the assumption of risk and the indemnification, waiver and release in favor of Chinmaya Mission. By completing the acknowledgment below, I acknowledge that I have read completely and fully understand the foregoing terms in their entirety. My acknowledgment by checking the box shall constitute the equivalent of my legal binding signature and the full acceptance of all the foregoing terms, conditions and policies as if I had signed such acceptance in wet ink.
