Chinmaya Mission San Jose
Terms and Conditions for Bala Vihar, Shishu Vihar and Other Classes
(modified July 2023)
For the purposes of these terms and conditions:
“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.
“I”, “You”, “Your” and similar pronouns (whether or not capitalized) refer to the person completing this registration and acknowledging these terms and conditions below.
“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.
“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 for an individual to register anybody else’s children – including any child in the same family (e.g. a niece/nephew) or a 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 requirement has been met, and cancel any registrations not meeting this requirement and any fees paid for such canceled registrations will not be refunded.
- Children between 1 and 5 years old will be placed into Shishu Vihar at the appropriate level determined by Chinmaya Mission in its sole discretion. 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.
- For a Child enrolled in Bala Vihar to enroll in and attend any other classes, the Child must regularly attend Bala Vihar. If a Child misses 3 or more Bala Vihar classes, Chinmaya Mission may cancel the entire registration, including for Bala Vihar and any other classes, without any refund to the Family.
- Shishu Vihar students must mandatorily be accompanied at all times by a parent or legal guardian, both inside and outside the classroom. Note that it is not permissible for any Family member other than a parent or legal guardian to accompany the Child to Shishu Vihar.
- 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, losses, expenses 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 indemnification, waiver and release to the maximum extent permissible under applicable law.
I HAVE READ THIS ASSUMPTION OF RISK, AND PROVISION OF INDEMNITY, 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.
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 indemnity, waiver and release provisions shall apply in such circumstances, and shall cover any actions taken by Chinmaya Mission and also cover any omissions or failure to take any action on the part of Chinmaya Mission. Further, I agree to accept financial responsibility for any expenses, losses, claims and damages arising from any such emergency, and agree to promptly reimburse Chinmaya Mission for any such amounts, without regard to any coverage under any insurance policy.
CODE OF CONDUCT
I understand that activities, programs, and camps require that all participants act in accordance with the following rules:
- Abide by the rules and regulations of Chinmaya Mission as well as instructions provided by any Chinmaya Mission activity, program or camp facilitators.
- Use language appropriate for a spiritual community, and avoid using foul, profane, obscene or blasphemous language.
- Respect the rights, privacy and property of others including, but not limited to, digital licenses and digital platforms.
- Respect the property and digital platforms licensed by Chinmaya Mission or any other person providing property and digital platforms to Chinmaya Mission for its activities.
- Wear appropriate clothes for activities as suggested by Chinmaya Mission facilitators.
Additionally, I acknowledge and accept that the following are strictly prohibited:
- Engaging in disruptive behavior or threatening acts of physical, sexual or verbal abuse in person or while using any of the digital platforms;
- Possession or use of tobacco, alcohol, marijuana, mind-altering drugs or any illegal substance or paraphernalia at or during Chinmaya Mission sessions;
- Possession or use of any weapons, including cyber-weapons.
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.
“Content” shall include names, images, photographs, audio and video recordings, and pictures or artwork and other forms of likeness of me, my Children and my Family, as well as art work, essays, musical renditions, dance, recitals, performances, drama, presentations, questions asked or answered by my Children, and any other content created during Chinmaya Mission activities, and any audio and video recordings thereof. I understand that Bala Vihar sessions and other Chinmaya Mission activities may be recorded and such recordings shall be considered Content. By acknowledging below, I authorize Chinmaya Mission, perpetually and free of charge, to use or transfer to third parties any Content for any purposes, including but not limited to general distribution, publicity and training, with or without attribution to me, my Children or my Family. To the maximum extent permitted by law, I waive any rights I may have under the California Consumer Privacy Act and other applicable privacy laws in relation to Content.
I agree to hold harmless Chinmaya Mission for any harm resulting from the use or transfer of Content. The foregoing indemnity, waiver and release provisions shall apply to Chinmaya Mission’s use or transfer of Content.
REFUND AND 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 cancellation of classes. However, Chinmaya Mission may, in its sole discretion, agree to refund a portion of the fees if a Child is withdrawn from 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 Child’s or 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: firstname.lastname@example.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 indemnity, 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 and conditions as if I had signed such acceptance in wet ink.