CDC PERFORMANCE BOOKING FORM
SKI WAIVER, TERMS AND CONDITIONS AND MEDICAL CONSENT
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY
AGREEMENT. BY AGREEING TO THIS YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING
THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
PLEASE READ THIS DOCUMENT CAREFULLY – IT IS LEGALLY BINDING
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Introduction
These booking terms (“Booking Terms”) set out the terms and conditions applicable to all ski camps (whether residential or non residential) (“Camps”) provided by us, CDC Performance ltd of 2 Communications Road, Greenham Business Park, Newbury, Berkshire
RG19 6AB (“CDC”). A description of, and information relating to each camp is set out on the CDC website at http://www.cdcperform.com (“Camp Details”).
Definitions.
In this agreement, the term “CDC” refers to CDC Performance, its management, staff and employees. “Trainee” and “participant” refers to the person participating in the camp. “Parent/s” means a parent or guardian, which is someone with legal responsibility for a child. The term “adult” will mean a trainee on a camp or activity provided by CDC aged 18 or over, and “child” will mean a trainee on a camp or activity provided by CDC aged under 18 years old. “Skiing” shall include “skiing”, “cross county skiing” and “down hill ski racing”.
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1. Bookings and Agreement (Contract)
a. These terms and conditions are applicable to both adult participants and children. In the case of a child participant the terms will be signed by a parent or guardian will legal responsibility for the child.
b. Any application for participation of a child Trainee in a Camp must be made to CDC by the Trainee’s parent or guardian. The completed Booking Form must be accompanied by the relevant deposit set out in the Camp Details (“Deposit”). Upon receipt of the completed Booking Form and the Deposit, CDC will is-sue a confirmation e-mail. Upon receipt of such e-mail, a contractually binding agreement (“Contract”) will be created between you, (the parent/guardian named on the Booking Form) and CDC on the basis of these Booking Terms, the Camp Details and the completed Booking Form.
c. The facilities at many of the locations used for Camps may not be suitable for Trainees with special needs. CDC is also not equipped to deal with trainees with special needs. Most of these facilities are out-side of our control. Although CDC can accept bookings for most Trainees with special dietary requirements, the nature of the training provided and the location of the Camps is such that unfortunately it may be difficult to accommodate Trainees with special needs.
d. Bookings for Trainees who make their own travel and accommodation arrangements in and around the Camp location (“Outliers”), will be accepted subject to availability of places.
e. Due to the complexities of organising and running the Camps, bookings will only be accepted by CDC for the whole period of each Camp or for certain parts of each Camp (usually complete weeks), details of which are set out in the Camp Details. Bookings may be accepted for periods of less than a complete week, but payment must be made for the whole week or such other part of the Camp as may be referred to in the Camp Details or agreed to in writing by CDC.
f. The balance is due in accordance with the time scales set out below. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 2 will become payable.
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*If passenger confirms within the 6 weeks prior to departure the 1st and final balance will be combined and full payment at point of confirmation is required.
2. Cancellation and Refunds
a. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges shown below. Depending on the reason for cancellation (camp or specific service), you may be able to reclaim these cancellation charges (less any applicable excess and premium) under the terms of your insurance policy. No refunds will be given for passengers not travelling or for unused services.
b. Failure to pay in full by the Final Payment Date can result in automatic termination of the Contract (without any requirement to notify you of this) and you will not be entitled to a refund of the Deposit.
c. For each Camp, a minimum number of people are required to book to enable the Camp to take place. CDC will assess whether the minimum number has been achieved and inform you as soon as reasonably practicable (and usually not less than 4 weeks before departure) if it becomes necessary to cancel a Camp for this reason. In the event of cancellation of a Camp for this reason, the Contract will simultaneously be terminated and in such circumstances, CDC will refund all sums paid by you to CDC in respect of that Camp.
d. In the event of curtailment of a Camp or inability to ski during a Camp because of inclement weather or lack of snow, you should note that you will not be entitled to any refund from CDC. You may in limited circumstances, receive a partial refund described in paragraph 2a (insurance policy) or from CDC where CDC has obtained a refund from the relevant service provider(s).
e. In the event of inclement weather or lack of snow during a Camp, CDC may use reasonable endeavours to re-site elements of the Camp, however this may result in extra costs which will be passed on to you. These costs will be invoiced to you at the end of the Camp.
f. If it is necessary for CDC to cancel a Camp prior to the commencement of the Camp because of inclement weather or lack of snow, CDC will endeavour to re-site the Camp. In the event that this results in extra costs, these will be passed on to you. However, where the increase in costs payable by you is 10% or more, you will have the right to terminate the Contract if you do so prior to the start of the Camp. If you do so terminate, you will receive a full refund of all sums paid by you to CDC.
3. Insurance
a. You must ensure that the Trainee has full medical insurance, comprehensive travel insurance and a policy covering winter sports including alpine ski racing and alpine ski racing training for the duration of any trips booked with CDC. Insurance should cover personal medical costs and repatriation, 3rd party accident cover and cancellation.
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4. Force Majeure
We regret that we cannot accept liability or pay compensation or refund if we are forced to cancel, curtail or in any way change your holiday or if the performance or prompt performance of our contractual obligations is pre-vented or accepted by circumstances amounting to Force Majeure. In these booking conditions, Force Majeure means any event which we or the supplier of the service(s) in question could not with all due care, foresee or avoid. Such circumstances shall include, but are not limited to, war or threat of war, riot, civil strife, industrial disruption, natural disasters, fire, technical problems or accidents with airports, ports or transport, inclement weather, pandemics (including COVID 19), governmental action and similar events beyond the Company’s control.
5. Medical Issues
a. A trainee will only be allowed to travel and participate on the Camp if the medical information on the booking form has been completed. In the case of a child participant, the medical consent must also be signed by a parent.
b. You confirm that the information in the medical questionnaire is accurate and you have not omitted any medical conditions that could affect yours, or the safety of anyone else on the camp.
c. You must inform CDC if there is any change to the details provided in the medical / health information.
d. The booking form contains a box about trainee’s medical history, and treatment and dietary requirements. Trainees will be looked after in accordance with this information. Any outstanding medical or dental treatment should be undertaken before joining if possible, with updated information given to CDC.
e. Accommodation and food will be monitored for any danger to health and safety. All aspects of the camp will be monitored for the prevention of accidents, including the wearing of protective headgear, eyewear, clothing and the use of sun screen.
f. Treatment for any infection or injury will be in-house in the first instance. The majority, if not all, members of staff will have a First Aid qualification. When necessary local medical services will be utilised. Any incident, and the action taken, will be recorded in an incident book. You understand and agree that if any important decision has to be made (eg medical treatment) a parent or carer will be contacted for consent if possible (for trainees under 18). However the Management of CDC are authorised to act in loco parentis if necessary and give consent for Management and Staff of CDC to administer first aid and minor medical treatment including but not limited to: pain relief, cold cough treatments or treatments for stomach upsets. Any medicines required during the camps should be well labelled with dosage instructions and handed directly to a member of the CDC team on arrival at the meeting point.
g. All trainees must have comprehensive medical insurance cover to include cover for racing and race training. Evidence of such cover must be available in the event of an emergency.
h. If the camp is taking part in Europe, the trainee should ensure that their EHIC card is available in emergencies.
i. The coaches and staff on the trip should be made aware in advance of any medical issues that may affect participant’s safety or performance including but not limited to: Allergies, Fainting, Hearing difficulty, Asthma, Heart trouble, Speech difficulty, Diabetes, Significant Operations, Sight difficulty, Repeated tonsillitis, Serious injury, Learning difficulty, Fits, Convulsions or Epilepsy, Travel sickness, Bone or joint disease.
j. CDC staff may be able to assist in paying some medical costs up front but these should be reimbursed as soon as possible.
6. Equipment
a. CDC will not be responsible for any lost equipment or kit belonging to or hired by Trainees. You must ensure that the Trainee’s ski equipment is in full working order prior to the Camp. If you are hiring equipment, you are responsible for the cost of hiring.
b. Trainee will wear a FIS certified for ski racing helmet with a code such as CEE1077, US 2040, ASTM F2040, SNELL S98 or RS98. It is the responsibility of the trainee to ensure the safety of the helmet and that it is worn at all times when skiing. A back protector should also be worn during all ski training and racing.
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7. Trainee Behaviour
a. All Trainees must comply with the CDC Code of Conduct for Trainees set out below. If a Trainee’s behaviour is such that in CDC’s reasonable opinion a Camp is at risk of being disrupted, another Trainee is inconvenienced or adversely affected or CDC considers that the reputation of CDC has been or could be prejudiced, the Trainee may be asked to leave the Camp. Similarly if the trainee breaches the code of conduct, they may be asked to leave the camp and the contract cancelled.
b. If the Trainee is to be expelled from the Camp and is a child trainee, you will be informed and you will be required to make immediate arrangements for the Trainee to travel home at your full expense. For the avoidance of doubt, no refund or compensation will be paid to you and the cost of any other accommodation and travel expenses will be your responsibility.
c. The basic principles are consideration and common sense. Any act borne of thoughtlessness or stupidity may be considered a breach of good conduct.
d. The camp has a No Smoking and No Drinking policy for all participants under 18 years old. Contravention would be a serious breach of good conduct.
e. For child participants on a camp, we cannot allow trainees to have a sexual relationship. In furtherance of this rule girls rooms are off-limits to boys and vice versa. Contravention of this rule would be a serious breach of good conduct. (NB Girls and boys may mix freely in common areas).
f. Any involvement with drugs would be considered a serious offence warranting expulsion.
g. The camps have a non-discrimination policy. Living in a community it is important to 'live and let live' and to be tolerant of all types. Any discriminatory behaviour would be considered a breach of good conduct.
h. CDC abhors 'bullying' in any form. Any physical violence or mental intimidation would be considered a serious breach of good conduct.
i. Any proven incidents of theft between trainees would be considered a serious breach of good conduct.
j. Any breach of the law, either national or local, would be a breach of good conduct.
k. It is very important for the health and safety of everybody that instructions from members of staff are complied with. Failure to comply with any reasonable instruction would be a breach of good conduct.
8. Accommodation
Please note that rooming and room types will vary between hotels and across countries. Accommodations may pro-vide bunk beds, singles, doubles, Austrian twins, or shared queen beds. CDC work with accommodations that are suitable for the individual/ group/ camp requirements. Please inform us of any rooming requests but please be aware that these may not always be possible and additional supplements may be applicable. Check in and check out times may vary according to the accommodation and therefore, these will be advised by CDC prior to departure and on arrival for check out details. In most cases the provision of towels and soap/hygiene products are supplied by the accommodation, CDC provide a thorough kit list prior to departure and will indicate if there is a requirement for this provision to be brought by you. Usage of facilities such as Wi-Fi, swimming pool, hot tubs and saunas are determined by suppliers in accordance with local custom, guidelines, practice or regulations. Charges may apply for facilities. Facilities can be withdrawn at any time at the discretion of the accommodation provider.
9. Outliers
Outliers will be responsible for their own transport to and from the slopes or other venue where training is to be held. Outliers will only be able to use the accommodation arranged by CDC for other Trainees for meals by prior arrangement with CDC. Outliers will not be entitled to use such accommodation for other purposes such as ski waxing or eating packed lunches, neither will they be permitted access to resident Trainees’ bedrooms.
10. Consent and Personal Data
a. By completing the Booking Form you are consenting to CDC staff acting in loco parentis in relation to the child Trainee and the child Trainee being videoed for coaching and performance purposes. Consent to medical treatment for the child Trainee is dealt with in part 5.
b. Occasionally photographs and skiing footage of Trainees may be used in CDC publicity material (including social media) for promotional purposes. By completing and submitting the Booking Form, and by signing these terms and conditions, you also consent to such photographs and videos of the Trainee being used for these purposes. If you do not in fact so consent, please specify accordingly in writing.
c. CDC will keep any medical information provided by you confidential and will comply with its obligations un-der the Data Protection Act 1998 and related legislation in respect of such information.
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11. Liability and Indemnity
I understand that skiing is inherently dangerous and can involve the risk of death, permanent paralysis and bodily injury.
The trainee is participating on the camp by their own free will and they acknowledge that skiing involves many risks, dangers and hazards including but not limited to: boarding, riding and disembarking ski lifts;
changing weather conditions; avalanches; exposed rock, earth, ice and other natural objects; trees, tree wells, tree stumps and forest deadfall; the condition of snow or ice on or beneath the surface; changes or variations in the terrain which may create blind spots or areas of reduced visibility.
In consideration of being allowed to participate in the camp, I, for myself and my heirs and executors, agree to indemnify and otherwise hold harmless CDC and all other persons associated with the camp for all liabilities, claims, actions, or damages that I may have against them arising out of, or in any way connected with, my participation in the camp caused by my negligence or failure to follow proper instructions.
CDC shall have no liability for any indirect or consequential loss arising under or in connection with the Contract. Nothing in the Contract shall limit or exclude CDC’s liability for (i) death or personal injury caused by its negligence; or (ii) fraud or fraudulent misrepresentation.
CDC’s total liability in respect of all other losses arising under or in connection with the Contract shall be
limited to the full cost of the relevant Camp (being the Deposit plus the Balance).
CDC shall not be liable as a result of any delay or failure to perform its obligations under the Contract as a result of an event beyond the reasonable control of CDC such as inclement weather, lack of snow, industrial disputes, failure of any transport system or resort uplift, accident or default of suppliers or subcontractors.
I am not aware of any present or past mental, medical and / or physical condition which might endanger myself or others whilst participating in the camp. I have not been advised against participating in any of the activities offered by the camp by any medical
practitioner.
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12. General
Following termination, those Clauses which by implication survive termination shall continue in full force and effect.
The Contract shall be governed by and construed in accordance with English Law and the English Courts shall have exclusive jurisdiction.
I hereby release CDC and any person, firm, or corporation engaged by it, from any rights or entitlement that I may otherwise have to any permanent or transient, moving or still, video or audio record leading up to, during or after my participation in the camp, being used for any purpose that the operator may consider appropriate.
By booking I confirm that I have read this agreement, all information given is true and correct, understand the risks involved in this event and I have carefully read, understand and voluntarily accept the terms and conditions and releases of this waiver. I understand I am waiving certain legal rights by accepting this agreement.
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