SAGA TRIP AND EVENT CANCELLATION AND REFUND POLICY

In applying to participate in an event sponsored by SAGA Ski Club, I have read and agree to the following conditions:

1. I understand that SAGA is a private non-profit club organized to coordinate various trips and events for the enjoyment of its members and their guests. Except for special promotions as designated by the SAGA Ski Club Executive Board, non members may not participate in ski trips;

2. I understand that there is an annual membership fee, that payment of the fee must be submitted with my annual application for membership, and that annual membership is for the current season, usually defined as September thru August;

3. I understand that all SAGA activities are planned, coordinated, and led by volunteer members of SAGA, and that as a member I am expected to volunteer during the year to help in the conducting of at least one event;

4. I understand that SAGA conducts regular meetings from September through May, and that as a member I am expected to attend the meetings and must attend at least one meeting per year;

5. I agree to abide by club regulations as outlined in the official SAGA Ski Club By-Laws;

6. I agree to the Waiver and Release of Liability on the lower portion of this form and accept this waiver as a condition of participation;

7. I agree that signing up for a trip or event is a commitment for full payment for the trip or event, that in the event that a trip is cancelled by me there will be no refunds. If the trip is sold out and your spot is resold, you will receive a refund minus an 8% cancellation fee assessed against me plus any costs incurred by the club (to trip providers or otherwise) as a result of transferring or canceling my space on the trip;

8. I understand that refunds are not generally made for non-trip events.

9. I understand that trips are generally sold on a shared occupancy basis and all prices are per person. Shared occupancy means that there will be two (2), or more, people per room and persons may be required to share the same bed. It is the member’s responsibility to notify the Club regarding the sharing of condos, rooms, and beds. The Club will attempt to honor requests for condo, room, and bed mates, but can not guarantee requests. The Club has exclusive rights to make condo, room, and bedding assignments.

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CODE OF CONDUCT

SAGA does not tolerate misconduct from any person associated with SAGA trips, events, activities, or dealings.

 

A member may be disciplined for misconduct of any kind. Disciplinary action may include: a warning, suspension or removal from a SAGA trip, event, or activity, or expulsion from the Club.

 

Emotional Misconduct

SAGA does not tolerate emotional misconduct. Emotional misconduct includes any intentional conduct that harms an individual’s spirit and/or self-worth through verbal or written abuse, such as threats, harassment, terrorizing, isolating, or belittling.

 

Physical Misconduct

SAGA does not tolerate physical misconduct from any person. Physical misconduct includes any non-accidental contact that results in bodily harm or abuse. 

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DISCLOSURES IN COMPLIANCE WITH THE CALIFORNIA SELLER OF TRAVEL

1. SAGA Ski Club is a registered California Seller of Travel (CST 209112-40)

2. Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to SAGA Ski Club for services not provided will be promptly paid to the passenger, unless the passenger advises SAGA Ski Club in writing, after cancellation. This provision does not apply where SAGA Ski Club has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, SAGA Ski Club must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler.

3. This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which SAGA Ski Club failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation, P.O. Box 6001, Larkspur, CA 94977-6001

4. If the Passenger(s) purchasing this trip is (are) from outside of California this transaction is not covered by the California Travel Restitution Fund.

 

SAGA WAIVER AND RELEASE OF LIABILITY 

In consideration of being allowed to participate in any way in the SAGA Ski Club programs, related events and activities, I acknowledge, appreciate, and agree that:

1. The risk of injury from the many of the activities is significant, including the potential for permanent paralysis and death, and while particular skills, rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,

2. I am also aware of the highly contagious nature of bacterial and viral diseases that include, but are not limited to, the 2019 novel coronavirus disease (commonly referred to as “COVID-19”) (collectively, the “Disease”). I understand the risk that I may be exposed to or contract the Disease by engaging in the event or activity, which may result in serious illness, personal injury, disability, and/or death. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of event attendees or others. I understand that SAGA cannot guarantee that I will not suffer serious injury, disability, death, and/or property damage, or become infected with the Disease, due to my participation in the event or activity and that engaging in the event or activity may increase my risk of contracting the Disease; and,

3. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation; and,

4. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,

5. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS SAGA Ski Club, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

6. I hereby certify that I am 21 years of age or older.

7. I hereby agree to permit SAGA Los Angeles Board of Directors, Members, and Guests to take photographs and make film and digital records of SAGA meetings, social events, ski/board trips, and campouts without further recourse. I understand and agree that such photographs and/or film and digital records may be used for promotional purposes.

I HAVE CAREFULLY READ THIS RELEASE AND UNDERSTAND ITS TERMS

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SAGA RELEASE AND INDEMNITY

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In exchange for being permitted to participate in an event undertaken by SAGA SKI CLUB, a California corporation, d/b/a Saga Men’s Ski and Snowboard Club (“SAGA”):

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THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE SAGA, ITS HOSTS OR SPONSORS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CO-PARTICIPANTS OF SAGA EVENTS (THE “RELEASEES”) FROM ALL LIABILITY TO THE UNDERSIGNED FOR ANY LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY, INCLUDING INJURY RESULTING IN DEATH OF THE UNDERSIGNED, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, WHEN THE UNDERSIGNED IS PARTICIPATING IN SAGA ACTIVITIES OR EVENTS. THIS INCLUDES WITHOUT LIMITATION SLIPPING AND FALLING DUE TO DANGEROUS CONDITIONS ENCOUNTERED DURING SAGA ACTIVITIES, IMPROPER MAINTENANCE OF THE PREMISES OR EQUIPMENT, INADEQUATE SECURITY AND/OR INADEQUATE SUPERVISION.

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I AM ALSO AWARE OF THE HIGHLY CONTAGIOUS NATURE OF BACTERIAL AND VIRAL DISEASES THAT INCLUDE, BUT ARE NOT LIMITED TO, THE CORONAVIRUS DISEASE (COLLECTIVELY, THE “DISEASE”). I UNDERSTAND THE RISK THAT I MAY BE EXPOSED TO OR CONTRACT THE DISEASE BY ENGAGING IN THE EVENT OR ACTIVITY, WHICH MAY RESULT IN SERIOUS ILLNESS, PERSONAL INJURY, DISABILITY, AND/OR DEATH. I ACKNOWLEDGE THAT THESE RISKS MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF EVENT ATTENDEES OR OTHERS. I UNDERSTAND THAT SAGA CANNOT GUARANTEE THAT I WILL NOT SUFFER SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE, OR BECOME INFECTED WITH THE DISEASE, DUE TO MY PARTICIPATION IN THE EVENT OR ACTIVITY AND THAT ENGAGING IN THE EVENT OR ACTIVITY MAY INCREASE MY RISK OF CONTRACTING THE DISEASE.

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I hereby waive any and all rights which I may have under the provisions of Section 1542 of the Civil Code of the State of California, which Section provides as follows:

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“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED ITS SETTLEMENT WITH THE DEBTOR.”

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The undersigned hereby agrees to indemnify and save and hold harmless the Releasees and each of them from any loss, liability, damage or cost they may incur due to the undersigned’s participation in SAGA events or activities.

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I hereby certify to SAGA that all participants are twenty-one (21) years of age or older. This Release and Indemnity shall bind the heirs, executors and assigns of the undersigned.

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The undersigned consents to SAGA’s use in perpetuity of any photographs, pictures, film or videotape taken of the undersigned at any SAGA event, which images may be used as SAGA deems appropriate, including without limitation use on its website and in its newsletters. The undersigned expressly waives any right of privacy, compensation, copyright or other ownership right connected to same.

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I HAVE CAREFULLY READ THIS RELEASE AND UNDERSTAND ITS TERMS