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Participant agreement

Please, confirm your acceptance of this Participant Agreement, as parent/guardian or participant , accept this agreement: by clicking on the "I ACCEPT" button back on the sign-up registration form.

By signing below, you agree to all of the following terms and conditions pursuant to which AVANZA USA Corp. (from here thereon AVANZA), an USA corporation ("we" or "us") shall provide the program described in the accompanying brochure. These terms and conditions apply to the program named on the Guest Reservation and Payment Form. By execution of this Participant Agreement, you are acknowledging limiting terms and conditions waiving certain rights at law that otherwise might be available to you.

Reservations:

A completed payment fee per participant, depending on the program chosen (except when otherwise noted in writing by us) and a completed Reservation Form ("Reservation Form") are required with this Participant Agreement to reserve space for the program. All prices are in USD Dollars. Except as expressly stated in the brochure, you are solely responsible for any program related costs that you incur.

Client Cancellation & Refund Policy:

Please note that there will be no reimbursements once the deposit has been made. Once you make the deposit you will be committed to completing the full registration payment.

If a player or companion is injured before the start of the program Travel Experience and is unable to attend, we will only provide monetary reimbursement if a substitute is found to take his/her place.

Program Travel Experiences are subject to change or cancellation without notice at any time for any reason, including if the number of participants registered is insufficient to host the Program Travel Experience. Upon cancellation of Program Travel Experience by our staff, full refunds are issued within 30 days of cancellation or participants can choose to attend any of the other Program Travel Experiences based on availability. If the Program Travel Experience is cancelled, our liability is limited to a full refund of the price and we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, travel or other expense whatsoever in such circumstances. No refunds will be given if a program in progress has to be interrupted or cancelled for reasons beyond our control.

Force Majeure and Acts of God. In the event AVANZA is unable to perform its obligations under the terms of this agreement due to circumstances beyond its control like terrorism, a pandemic, war, labour strikes, adverse weather conditions, etc., AVANZA will not be liable to provide any refund for services not delivered due to such circumstances.

COVID 19. Given the extraordinary circumstances produced by the COVID 19 Pandemic, AVANZA will endeavour to minimize the economic impact of cancellations to our clients by offering a credit when possible. This credit might be partial depending on the costs assumed by AVANZA in the organization and promotion of the program. Please note that in order to protect the interests of all participants and while the COVID 19 alert is in effect, AVANZA might at its sole discretion deny any refund request that falls under the above schedule.

If forced due to the circumstances (e.g. weather conditions), Avanza Sports might change the schedule of the week, the ratio players/court or both. Please note that if after the reschedule, clients can't make it, unfortunately, no refunds will be issued.

Certification of Participants Health:

Responsibility to Inform Operator of Disabilities or Pregnancy: By signing below and/or tendering any portion of the program to us, I certify that the participant does not have any condition or disability that would create a hazard for you or others participating in the program (as hereinafter defined). I agree to inform you via certified mail or e-mail sent to info@rafanadalacademycampusa.com (with confirmation of receipt thereof from you) at the time I tender my first payment of the program (or at such later time when I become aware of such a condition) of any existing physical or mental illness, disability, pregnancy or any other condition for which the participant may require medical attention or special accommodation during the program. We make no guarantee to be able to accommodate the participant for such condition during the program, and we make no representations or warranties regarding special accommodations or handicap accessibility at the program.

Athletics Release:

I hereby acknowledge that playing or practicing sports is a potentially hazardous activity. I agree that the participant is voluntarily entering and assuming all risks associated with participating in those activities, including but not limited to falls, contacts with other participants, the effects of weather including heat and or humidity, and the conditions of the training grounds and facilities, all risks being understood and appreciated by me. Having read this waiver, and knowing these facts, and in consideration of AVANZA acceptance of this application, I hereby waive and release AVANZA and its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members, representatives and all affiliated and related companies from all claims and liabilities of any kind arising out of the participants involvement in tennis playing, practicing, or training, while registered as a participant and participating in any and all program sanctioned activities, events, practice sessions or social activities at any location (notwithstanding the location where the participant originally registered), including injury, loss or damage which might be caused by the negligence of AVANZA. The participant acknowledges that he/she is aware of the possible risks, dangers and hazards associated with participation in the program, including all manner of injuries resulting in muscular injuries and soft tissue injuries including bruises, scrapes, cuts, etc., from executing strenuous and demanding physical techniques, collisions with the wall, floor, ground contact with other participants or equipment used by other participants (including ropes, weights and pads) and failure in proper use of the equipment or techniques either by the participant or other participants; and the possible risk of severe or fatal injury to the participant or others. The participant acknowledges that the participants risk of injury increases as the participant becomes fatigued. The participant further acknowledges that such risks may be caused by the participants own actions or inactions, the action or inactions of others participating in the program, the condition in which the program takes place, or the negligence of AVANZA. The participant acknowledges that there may be other risks and social and economic losses either not known to the participant or not reasonably foreseeable at this time. risks being understood and appreciated by me. Having read this waiver, and knowing these facts, and in consideration of AVANZA acceptance of this application, I hereby waive and release AVANZA and its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members, representatives and all affiliated and related companies from all claims and liabilities of any kind arising out of the participants involvement in tennis playing, practicing, or training, while registered as a participant and participating in any and all program sanctioned activities, events, practice sessions or social activities at any location (notwithstanding the location where the participant originally registered), including injury, loss or damage which might be caused by the negligence of AVANZA. The participant acknowledges that he/she is aware of the possible risks, dangers and hazards associated with participation in the program, including all manner of injuries resulting in muscular injuries and soft tissue injuries including bruises, scrapes, cuts, etc., from executing strenuous and demanding physical techniques, collisions with the wall, floor, ground contact with other participants or equipment used by other participants (including ropes, weights and pads) and failure in proper use of the equipment or techniques either by the participant or other participants; and the possible risk of severe or fatal injury to the participant or others. The participant acknowledges that the participants risk of injury increases as the participant becomes fatigued. The participant further acknowledges that such risks may be caused by the participants own actions or inactions, the action or inactions of others participating in the program, the condition in which the program takes place, or the negligence of AVANZA. The participant acknowledges that there may be other risks and social and economic losses either not known to the participant or not reasonably foreseeable at this time.

General Release:

In consideration of AVANZA allowing the participant or the undersigned minor child membership and participation in the program, The undersigned agrees: (i) to waive any and all claims that the undersigned or the participant has or may have in the future against AVANZA, its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members and representatives as a result of the undersigned or the undersigned minor child membership and/or participation in the program; (ii) to release, hold harmless and indemnify AVANZA from any and all liability from any loss, damage, injury or expense that the participant may suffer, or that the participants next of kin may suffer as a result of the participants membership and/or participation in the program due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Occupiers Liability Act (Delaware), on the part of the AVANZA; and (iii) to release, indemnify and hold harmless any affiliated AVANZA company, partnership or other person affiliated with AVANZA including those persons which own property used for any programs (collectively, a "Related Third Party"), and each of their respective directors, officers, agents, contractors, employees, instructors, trainers, volunteers, members and representatives from any and all claims, demands, actions and costs which might arise out of the participants membership and/or participation in the program, even though such claims, demands, actions and costs may have been caused by the negligence of such Related Third Party.

Travel Release:

I acknowledge that certain programs may take place at a location or locations other than AVANZA premises. I further acknowledge that: (i) during outdoor trips to other locations, extreme changes in weather or temperatures may result in heatstroke, sunstroke, or hypothermia and where applicable remoteness of location can result in poor communications and inability to get rescue or medical assistance quickly or easily; (ii) in an unfamiliar location, the participant may become lost, get off course or be separated from the rest of the party; (iii) steep or other dangerous terrain may exist where a fall or other accident may cause injury or death; (iv) risks, injuries and/or death that may result from transportation (all modes or types including but not limited to public or private motor vehicle) incidents/accidents; and (v) AVANZA shall not be responsible for any damages or injury caused by or related to the participation of the undersigned or the undersigneds minor child (children) in any program at such location. If a parent(s) of a minor child (children) has any concerns about transportation to or from an off-site location or any off-site program, such parent shall be permitted to accompany such child (children).

Medical Qualifications:

I confirm that I have been advised that none of AVANZA employees or contractors have any level of medical training that would provide assistance to an injured person. Moreover, AVANZA does not maintain medical equipment or apparatus (including but not limited to defibrillators or Epi-pens) which could assist an injured or ill person. In the event that AVANZA is provided with any medical apparatus by or on behalf of a participant in the program, AVANZA makes no representation or warranty that any AVANZA personnel have the skill or training to operate such medical apparatus appropriately to assist any person or to prevent further injury. I acknowledge that I am solely responsible to select and purchase adequate medical/health and travel insurance. No medical/health or travel insurance will be provided by AVANZA. In the event of a medical/health or travel related problem, AVANZA accepts no responsibility for any costs or damages associated with a medical/health or travel related problem nor will AVANZA pay for any medical/health or travel related expenses, which may be incurred by my participation in the program.

Photography and Likeness Release:

I hereby authorize AVANZA to allow the reproduction, dissemination, and/or publication of my name and/or likeness (or those of my minor child) for media coverage, public relations, advertising, marketing or any other AVANZA promotional or educational purposes. This may be done in conjunction with my participation in any program and I understand and agree that I may neither pay a fee to receive individual promotional consideration from my participation in the program, nor will I receive any payment for the possible commercial use of my name or likeness.

Responsibility/Liabilities

We act only in the capacity of agent for providing services or goods in connection with the program, Program Travel Experience operators, and providers of entertainment. We assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned either by reason (1) any act or omission of any of the Suppliers (2) any matter beyond our exclusive control including but not limited to a delay or cancellation of a flight that causes you to miss any portion of the program. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at the Program Travel Experience locations. You are also responsible for respecting the authority and following the directions of the program guide during the program. We may exclude you from participating in all or any part of the program if, in our sole discretion, your condition or behavior renders you unfit for the Tennis Program Travel Experience or unfit for continuation once the program has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of program services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to a refund of the recoverable cost of any unused portion of the program. Should you decide not to participate in certain parts of the program or use certain goods included in the program, no refunds will be made for those unused parts of the program or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses, or liabilities arising out of your actions or omissions.

General:

Any dispute related to the program shall be governed by Delaware law without regard to conflict of laws principles. The federal or provincial courts in Delaware shall be the exclusive forum for any lawsuit related to the program, and you consent to the personal jurisdiction by said courts. You agree to present any claims against us within 30 days after the program ends and to file within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. Facsimile transmission or electronic transmission (such as pdf) of any signed document shall be deemed delivery of an original. At our request, you shall promptly provide an original document as well. If there are any conflicts between this Participant Agreement, the Reservation Form, and the Itinerary, this Participant Agreement shall govern.

Privacy Policy:

In accordance with the Personal Information Protection and Electronic Documents Act (USA), AVANZA has adopted a Privacy Policy dealing with the personal information collected by AVANZA from its customers, clients and employees. The full text of such Privacy Policy is available at the offices of AVANZA, by mail.

Special Provisions for Parents or Guardians of Participants

I, the undersigned, as parent or guardian, give my consent for the participant, identified herein, to participate in tennis activities during the Program Travel Experience program. I understand that participation in any tennis event is done at our own risk. I will not hold AVANZA, its officers, agents, employees, or anyone acting in its behalf, responsible or liable for injury occurring to the named participant in the course of such activities or such travel.

I understand that AVANZA will complete required accident insurance forms, after which all claims under insurance policy, or policies, for injuries received while participating in the program activities and events, shall be processed by the participant, his/her parent(s), or guardian(s) through the company handling the participants insurance claim and not through AVANZA.

I hereby accept financial responsibility for personal items lost by the participant identified herein.

I authorize AVANZA to transport and to obtain, through a physician of its own choice, any emergency medical care that may become reasonably necessary for the participant in the course of such activities/events or such travel. I also agree that the expenses for such transportation and treatment shall not be borne by AVANZA. I accept full responsibility and hereby grant permission for the participant to travel on any Program Travel Experience-related trip by bus or van.

Illegal Substances:

Notice is hereby given that possession or sale of controlled substances by any participant is grounds for expulsion of the program. Participant possession of or being under the influence of alcoholic beverages, and/or hallucinogenic drugs or combinations of drugs or substances having hallucinatory effects, marijuana, or under the influence of glue or other drugs or combinations of drugs or drug paraphernalia expressly prohibited by federal, provincial, or local laws, including prohibited substances which shall include those substances possessed, sold, and/or used that are held out to be, or represented to be, controlled substances, illegal substances, or counterfeit in any respect illegal or controlled substances is grounds for expulsion from the remaining of the summer program and referral to proper law enforcement agencies. Parent(s) or Guardian(s) will be immediately notified to pick up the participant. In none of the foregoing cases, shall the fee paid for the program be reimbursed, in whole or in part.

Further notice is hereby given that possession of prescription drugs, or any other over-the counter medication, not specifically ordered for the participant by a physician or the participants parent or guardian is grounds for expulsion from the remaining of the summer program. Parent(s) or Guardian(s) will be immediately notified to pick up the participant. The fee paid for the summer program will not be reimbursed, in whole or in part.

Terms & Conditions

What are your mobile terms?

When you provide us with your mobile phone number, you agree that our organization may send you text messages (including SMS and MMS) to that phone number. Our organization may send you up to 1 messages per month. You will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply. Reply STOP to cancel, HELP for help. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by texting the word STOP to shortcode +18775121107. For help, send a text message with the keyword HELP to shortcode +18775121107. Texts may be sent through an automatic telephone dialing system. Consent is not required to purchase our goods or services. You agree to notify us of any changes to your mobile number and update your account us to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

How do I sign up for these text messages?

All you have to do is text "Rafa Nadal experience april 2022! deadline to register august 31st" to +18775121107. (Up to 1 messages a month, message and data rates may apply, and you can always text HELP for help & STOP to cancel.) When you opt-in to the service, we will send you an SMS message to confirm your signup.

If at any time you forget what keywords are supported, just text HELP to +18775121107. After you send the SMS message HELP to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

How do I opt out of these text messages?

You can cancel the SMS service at any time. Just text STOP to +18775121107. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Will I be charged for the text messages I receive?

Our organization will never charge you for the text messages you receive however standard message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 1 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided through the number +18775121107, you can send an email to info@slicktext.com.

Supported wireless carriers

United States

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

Canada

Bell (including NorthernTel, Solo Mobile, and Telebec), Fido, MTS, Rogers, SaskTel, Telus (including Koodo Mobile and Public Mobile), Videotron, Virgin Mobile, and Wind.

***This service and the carriers are not liable for delayed or undelivered messages***

Privacy policy

Our organization is dedicated to protecting your privacy and work hard to ensure our website, and services are both safe and secure for our visitors, clients, and subscribers.

Protection of Information

Any information communicated to our organization for text messaging and or storage will remain in the ownership of the user, which will be stored securely in accordance with our security policy and the law. Our organization will take the necessary steps to secure your personal information with safeguards appropriate to the sensitivity of the information. Our organization will, at no time, rent or redistribute this information without your consent, except where legally required to do so.

Subscribing and Unsubscribing

It is policy, that just as a user must opt in to a text marketing list, they have the right to opt out of a particular text marketing list as well. When a user opts out of a text marketing list, they will no longer receive any texts unless they, themselves, re-subscribe.

Limits On Our Abilities

Even though your privacy is of the utmost importance to us, due to standing legalities, we cannot promise that personal information will not be divulged to third parties in ways not explained by this privacy policy. Furthermore, we can (and you give us permission to) divulge any information about you to private entities, law enforcement or other government officials, as we, in our sole vigilance, believe needed to address and/or answer questions or resolve problems.

Our organization reserves the right to change this privacy policy at its discretion. Your continued use of this service after changes to this privacy policy have been posted is taken as acceptance of those changes. It is your responsibility to monitor the privacy policy to determine whether any changes have been made. This privacy policy is subject to and applicable to all privacy laws.

You acknowledge that accepting this privacy policy is a condition of your relationship with our organization and its services and you agree to be bound by all of its terms and conditions.

I, as parent/ guardian or participant, accept this agreement: by clicking on the "I ACCEPT" button back on the sign-up registration form.