Shoreline Lake Boathouse/Silicon Shores Corporation Terms of Service

Activities User Agreement/ Affirmation and Liability Release

THE UNDERSIGNED CERTIFY THAT THEY HAVE READ THE FOREGOING PRIOR TO SIGNING (clicking “yes” to “Terms of Service”) THEREOF AND AGREE AS FOLLOWS: PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGMENT OF RISK THIS DOCUMENT INCLUDES A RELEASE OF LIABILITY FOR ALL RISKS ASSOCIATED WITH EXPOSURE TO COVID-19 AND/OR ANY OTHER COMMUNICABLE DISEASES WHICH MAY OCCUR IN CONNECTION WITH THIS ACTIVITY

In consideration of the services of Shoreline Lake Boathouse, Lakeside Café, Silicon Shores Corporation, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "SSC") and the City of Mountain View and its officials and agents, I, for myself and any minor children for which I am parent, legal guardian or otherwise responsible hereby agree to release, indemnify, and discharge SSC, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. Participation in watersports classes including windsurfing, small boat sailing and racing, kayaking, pedalboating, rowing, stand up paddleboarding, SUP yoga and canoeing as with any other watersport, exposes the participant to certain risks and dangers. I acknowledge that my participation in water activities entails known and unanticipated risks (superficial to fatal) that could result in physical or emotional injury, paralysis, death, or damage to me, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: board or boat capsize; collision with objects or other water craft (both power and sail); unseen obstacles, fatigue and your own misjudgment; prolonged exposure to cold water, hypothermia, accidental drowning; illness in remote areas; exposure to sun, strong wind, cold, storms, and lightning; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; slips and falls while walking; twisted/sprained ankles, cuts/lacerations; and rapidly changing adverse weather and water conditions. Furthermore, SSC employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Silicon Shores Corporation makes no warranties, either expressed or implied, as to any matter whatsoever, including without limitation, the condition of the equipment, its merchantability or its fitness for any particular purpose, and the user/participant accepts equipment as is. The undersigned hereby certifies that s/he is a proficient swimmer and agrees to be tested for swimming proficiency, if requested. Undersigned agrees to wear a PFD (life vest), if requested to do so by SSC staff or instructors.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Shoreline Lake Boathouse, Lakeside Café/American Bistro, Silicon Shores Corporation and the City of Mountain View from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SSC equipment, facilities or premises, including any such claims which allege negligent acts or omissions of SSC.

4. Should SSC, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6. In the event that I file a lawsuit against SSC, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.

7. Participants of said recreational activity or likeness thereof may be captured on film, print or other media and used for promotional purposes including, but not limited to newsletters, press media, flyers, social media and brochures. Authorization is hereby given to the Shoreline Lake Boathouse/Silicon Shores Corporation to use photographs taken of me or my children in classes offered by the Shoreline Lake Boathouse. I hereby grant Silicon Shores Corporation permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Silicon Shores Corporation and will not be returned. I hereby irrevocably authorize the Silicon Shores Corporation to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.

8. Shoreline Lake Boathouse, Lakeside Café/American Bistro (collectively Silicon Shores Corporation) is not responsible for lost, missing, damaged, dropped in the Lake or stolen items.

9. Participant shall immediately notify Silicon Shores Corporation of any accident connected with the use of the equipment, and include in the notice the time, place, date and nature of the accident, damage caused to the property, the name and addresses of the persons injured and of witness, and such other information as may be pertinent to Silicon Shores Corporation investigation of the accident.

10. I understand that participating in this Activity may increase my risk of being exposed to or infected by a communicable disease, including, but not limited to, the virus “Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, and the disease “COVID-19” which is caused by SARS-CoV-2 (collectively referred to as “Communicable Diseases”. I understand that the risk of becoming exposed to or infected by Communicable Diseases in connection with this Activity may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SSC. I understand that, due to the contagious nature of Communicable Diseases, this may increase the risk of members of my household, family, friends, or other parties I might come into contact with being exposed to or infected by Communicable Diseases. I understand that becoming exposed to or infected by Communicable Diseases could result in hospitalization and/or death. I assume all risks related to being exposed to or infected by Communicable Diseases in connection with this Activity.

11. I affirm that I have not been diagnosed with, demonstrated any symptoms of or have in any way been exposed to any Communicable Diseases within the past fourteen (14) days. I acknowledge that I am aware that by participating in this Activity there are risks to me and to those with whom I interact of exposure, directly or indirectly, to Communicable Diseases. I affirm that if, at any time preceding or during the Activity, I am diagnosed with, demonstrate any symptoms of, or am in any way exposed to any Communicable Diseases, I will remove myself from the Activity immediately. I acknowledge that SSC may remove me from the Activity immediately if they become aware of any diagnosis or symptoms of, or exposure to, Communicable Diseases for any person residing in my household. I understand that I will not be entitled to any refund, in whole or in part, for removal from the Activity for these reasons. I affirm that if I, or any member of my household, am diagnosed with any Communicable Diseases within fourteen (14) days following my participation in the Activity I will notify SSC of the diagnosis by emailing boathouse@shorelinelake.com.

12. I affirm that I have read the Shelter-in-Place order (“the Order”)issued by Santa Clara County (“the County”) and will adhere to the requirements of the Order as outlined on the County website (https://www.sccgov.org/sites/covid19/Pages/public-health-orders.aspx#faq) until and unless the Order is rescinded by the County. I acknowledge that the County may modify the Order and will adhere to any modifications to the Order when put into effect by the County. BY SIGNING (clicking “yes” to “Terms of Service”) THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN THIS ACTIVITY OR USE OF THE FACILITIES, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST Silicon Shores Corporation ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM HEREIN. I affirm that I am at least 18 years of age, and I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

Refunds and Transfers

Policies updated January 30, 2022

Payments for all class and camp programs are subject to the following policies:

Payments which qualify for refund under these policies may be eligible for refund up to 1 year from the payment date. Any refund request received more than 1 year after the payment date will only be eligible for credit on account, if such credit is allowed under these policies.

Shoreline Boathouse reserves the right to cancel (or modify the timeframe of) any class or activity if minimum enrollment is not met.

A total refund will only be issued if the Shoreline Boathouse must cancel a class or reschedule it such that a student/camper is unable to attend another date.

A 70% refund will be issued for withdrawals made 15 or more days prior to the first day of the program.

If eligible for refund, customer may instead request credit for the full payment amount, less a $30 transfer fee, be held on account and this credit will be usable until the end of the following calendar year.

No refunds will be given within 14 days prior to the first day of the program. Withdrawals made within 14 days prior will be eligible for transfer or credit on account only.

Once the start date is reached withdrawals are not allowed. Transfer or credit on account will not be permitted and payment is forfeit.

Transfers or credit on account (including those made due to a withdrawal within 14 days) will be charged a non-refundable $30 transfer fee. Transfers or credit on account requested within 7 days prior to the first day of the program will instead incur a 50% fee.

Registrations made via transfer within 14 days prior to the original start date will not be eligible for refund at any time if a subsequent withdrawal is requested, regardless of how far in advance of the new start date notice of withdrawal is given.

Program pricing is subject to change. Transfers or credit on account will cover the specified dollar amount but may not cover the full price of future sessions which the transfer or credit may be applied to.

Any individual circumventing these policies by initiating a chargeback with their credit card company will thereafter be considered not in good standing with Shoreline Boathouse until such time as all outstanding monies are paid, including but not limited to the original payment amount for which a chargeback was initiated and any and all fees incurred by the chargeback process. Individuals not in good standing and their family members may be barred from participation in any classes or camps at the discretion of Shoreline Lake management. Payments for individuals barred from participation under this provision will be treated as a withdrawal initiated by the customer (rather than a cancellation initiated by Shoreline Boathouse) and will be subject to all of the foregoing policies.

Summary of Refund Policies:

For cancellations 15 or more days prior to start date:

70% refund OR transfer/credit on account (less $30 fee)

For cancellations 8-14 days prior to start date:

No refunds. Transfer/credit on account ONLY (less $30 fee)

For cancellations 7 days or less prior to start date:

No refunds. Transfer/credit on account ONLY (less 50% fee)

Once the start date is reached:

No refunds, no transfer/credit on account. Payment is forfeit.

Course Policies:

A minimum of 3 students must enroll for a weekend course to run. In case this minimum is not met, a course will be rescheduled.
We strive to maintain a 1:6 instructor to student ratio for all teen and adult classes to insure that each student receives plenty of attention.
Camp ratios range from 1:4 to 1:16 depending on type of camp/activity.
In the event of inclement/windless weather, we may reschedule a class.
If it is a multi-day class, both days MUST be taken consecutively. If a student must divide the days, a $25 charge applies and we require notice at the time of registration.
No make-ups are given if a student is late or absent.
Shoes and lifejackets MUST be worn at all times.
Returned checks will incur an additional $25 charge.

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