terms and conditions

Church Groups

This agreement is entered into by and between Azusa Pacific University (“APU”) and Organization (“Licensee”) for the Licensee’s use of a camp site operated as part of APU’s Mexico Outreach Program.

Now, therefore, in consideration of the mutual agreements set forth herein, APU and the Licensee enter into this agreement (“Agreement”) on the terms and conditions set forth below.

I. BASIC PROVISIONS:
A. Licensee Information:

B. APU Information:
Mexico Outreach
Center for Student Action
Attn.: Client Services
Azusa Pacific University
P.O. Box 7000
Azusa, California 91702-7000
Tel: (626) 812-3027
Fax: (626) 812-3094

C. Agreed Use:
By accepting these use terms, Licensee agrees to use the camp site listed above during the specified timeframe, for the indicated costs, and with the listed number of participants. All changes to intended use must be approved in writing by APU.

II. USE FEE:
A. Use Fee: Licensee agrees to pay APU the Total Use Fee for Licensee’s use of APU’s camp site.
B. Payment Deadlines: Licensee agrees to submit its Total Use Fee made payable to “Azusa Pacific University” by the applicable deadline stated above.
C. Cancellation: In order to obtain a refund ($35 per person is non-refundable) in the event of cancellation, Licensee understands and agrees it must submit its refund request to APU via email at moreg@apu.edu on or before the Refund Date.
D. Document Processing: The Registration forms and required forms must be postmarked by the Regular Due Date.

III. TERMS AND CONDITIONS:
A. Lawful Activity: No activities on or near APU’s camp site (“Camp Site”) which are illegal or immoral in Mexico, or inconsistent with Camp Site rules, policies, and procedures, are permitted. If Licensee is aware of any violation by its participants, Licensee will immediately desist and correct the violation.

B. Compliance with Laws: Licensee agrees to obtain all permits or licenses required by the Mexican government of itself and its participants, including obtaining tourist visas for all non-Mexican participants staying in Mexico for more than 72 hours.

C. Prohibited Items: Tobacco, alcohol, illegal drugs, fireworks, explosives, ammunition, weapons, poisonous, hazardous, and illegal substances and firearms are not permitted at the Camp Site and will be cause for removal. In addition, matches, lanterns, or anything with an open flame, are prohibited at the Camp Site.

D. Usage: Licensee agrees to use only the areas of the lodging at the Camp Site as instructed by APU, and associated common areas. In addition, Licensee agrees not to permit the Camp Site to be used for any purpose other than for Licensee’s specified use of the Camp Site operated as part of APU’s Mexico Outreach Program. Licensee further agrees to comply and require its participants to comply with the following: (1) To refrain from injuring or defacing the premises or any part thereof; (2) To not drive nails, hooks, tacks, or screws into any part of the premises or furnishings located therein, or to apply tape or other materials to the walls or other painted surfaces; (3) To make no alterations in the authorized areas; and (4) To report and assume all financial responsibility for any and all damages which occur beyond the normal usage.

E. Cleaning and Breakage: Cleaning: Licensee agrees to leave the Camp Site in a clean and tidy condition, and to reimburse APU for the cost of any clean-up beyond normal janitorial maintenance. Breakage: Licensee agrees to protect Camp Site property and to reimburse APU for the reasonable cost of repair or replacement of any property damaged in connection with Licensee’s use thereof. Normal wear and tear are excepted. All such damages are to be reported to APU immediately. Licensee agrees to assume full responsibility for any property damage caused by its participants.

F. Removal of Property: In the event Licensee or any of its participants leave property at the Camp Site, and in any event no later than three days after Licensee’s stay at the Camp Site or termination of this Agreement for default, the property shall be deemed abandoned and APU shall have the right to remove, sell, place in storage, or otherwise dispose of any such property at the sole cost and expense of Licensee. Licensee hereby irrevocably constitutes and appoints APU as its special attorney in fact to do and perform all acts necessary in removing, storing, and disposing of the abandoned personal property, to execute and deliver a bill of sale for the property, and to retain the proceeds of such sale.

G. First Aid: Licensee agrees to assume all responsibility for treatment and care of illnesses or injuries sustained by its participants. Licensee is advised to provide at a minimum: (1) its own health care supplies; and (2) one person with at least a certification in basic first aid and CPR. Licensee acknowledges APU will make available a first aid station manned by at least one person with certification in basic first aid and CPR, for the purpose of providing basic first aid assistance. Licensee acknowledges APU will not provide any other form of medical assistance, and that the nearest area hospitals are: Ensenada (35-45 minutes driving distance) – Hospital Velmar, Arenas No.151, Fracc. Playa Ensenada, Ensenada, B.C. C.P. 22880, Mexico, telephone (646) 173-4500; Cuernavaca (45-60 minutes driving distance) or El Centro (10-15 minutes driving distance)- El Centro Regional Medical Center, 1415 Ross Ave., El Centro, CA 92243, telephone (760) 339-7100; Chiapas (45-60 minutes driving distance) – Yuma Regional Medical Center, 2400 S. Avenue A, Yuma, AZ 85364, telephone (928) 334-2000. All injuries and accidents occurring at the Camp Site are to be reported to APU immediately.

H. Loss or Damages: Licensee agrees to assume all responsibility for the security of the property and equipment of Licensee, its participants, guests, and invitees. APU is not responsible for lost or stolen property or equipment.

I. Pets: Pets of any kind are not permitted at the Camp Site.

J. Noise/Volume: Outdoor systems should be kept to a moderate level and all outdoor sound systems must be turned off by 10:30 p.m.

K. Supervision: Licensee agrees to provide leadership and supervision for all participants during Licensee’s stay at the Camp Site. In respect for all guests, quiet times are 10:30 p.m. to 6:30 a.m. Licensee will provide a minimum of one adult supervisor for every twenty (20) participants under the age of eighteen (18); for children’s groups (ages 12 and under), Licensee will provide a minimum of one adult supervisor for every six (6) children. Each supervisor in charge of a group will be responsible for the conduct of the group. Such supervisors will be available to the participants and APU. In addition, one member of Licensee’s staff is required to meet as needed with APU and be available by phone, pager, or radio twenty-four (24) hours a day. Any use of hand and power tools must be agreed upon by APU and be used under adult supervision and stored in a secured cabinet or container.

L. Inspection: APU has the right to inspect the Camp Site at any time.

M. Parking: Parking is provided for the Licensee’s convenience near the various sleeping areas. Information about access to these areas may be obtained from APU.

N. Authorization for Use of Statements, Photos, and Videos: Licensee agrees to give APU permission for the use of Licensee’s name, photos, comments, and publicity materials, including its website, if any, as deemed appropriate by APU.

O. Publicity: Licensee agrees to not make any press release or other public statement with respect to this Agreement or to the activities contemplated hereby without first obtaining review and consent from APU.

P. Required Forms: Licensee agrees to provide APU the completed forms required for each of its participants (to include General Release of Liability and Particpant Agreement) prior to Licensee’s use of Camp Site.

Q. Transportation: Licensee agrees to assume all responsibility for transportation of its participants to and from the Camp Site, and all transportation of its participants during Licensee’s stay at the Camp Site.

R. General Safety Document: Licensee further agrees to comply and require its participants to comply with the following: (1) To read the current General Safety document within the Travel Guide; (2) To share the safety tips with everyone on your team; and (3) To follow these guidelines.

IV. GENERAL TERMS AND CONDITIONS:
A. Indemnification: To the extent not covered by insurance, Licensee agrees to defend, indemnify, and hold harmless APU and Azusa Pacific Mexico (“APM”), and their respective boards, trustees, officers, agents, employees, students, volunteers, affiliates and related foundations (collectively, “APU Entities”) from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses including, without limitation, judgments, interest, penalties, settlement amounts, court costs and attorneys fees and expenses, including allocable costs and expenses for in-house counsel (“Indemnified Claims”) on account of bodily injury, illness, death, emotional trauma, property damage, theft or other loss of any kind arising out of any actual or alleged act or omission in connection with Licensee’s use of the Camp Site. Licensee’s agreement to indemnify continues even after the Licensee’s stay at the Camp Site or termination of this Agreement by default, so long as any of the Indemnified Claims asserted arose out of an incident that occurred during Licensee’s stay at the Camp Site.

B. Changes to Camp Use: Licensee agrees that APU has the right to make cancellations, substitutions, or changes in the case of emergency or changed conditions, including the level of participant interest in the use of the Camp Site. Licensee accepts all responsibility for loss or additional expenses due to delays or other changes in the Licensee’s means of transportation, other services, sickness, weather, strikes, or other unforeseen causes. Licensee understands that none of the APU Entities are responsible for any such disruptions to Licensee’s use of the Camp Site, nor for any consequent expenses Licensee may thereby incur.

C. Notices: Any and all notices required or permitted under this Agreement must be in writing, with a reference to this Agreement (and any specific provisions of this Agreement at issue or under which notice is being given). Any of the parties may change the contact information to be used for the purpose of giving notice under this Agreement by giving written notice of such change to the other party, as provided in this section. Notices must be addressed and delivered as follows:

To APU:
Mexico Outreach
Center for Student Action
Attn: Client Services
Azusa Pacific University
701 East Foothill Blvd.
Azusa, California 91702
Fax: (626) 812-3094

(With a copy to):
Office of General Counsel
Azusa Pacific University
P.O. Box 7000, 901 East Alosta Avenue
Azusa, California 91702-7000
Fax: (626) 334-0718

To Licensee:
Your organization

Notice shall be deemed effective only: (a) upon delivery when personally delivered; (b) on the next business day after deposit with a globally recognized commercial overnight carrier for overnight delivery, with written verification of receipt; (c) on the third business day after having been sent by registered or certified mail, return receipt requested, with written verification of receipt; or (d) on the next business day after having been sent by facsimile, with written verification of receipt, provided that a copy of such notice also is sent by registered or certified mail.

D. Assignment: This Agreement or any part hereof shall not be assigned or otherwise transferred by any party without the prior written consent of the other party.

E. Waivers and Modifications: No modification or waiver of any of the terms and conditions of this Agreement shall be effective unless such modification or waiver is expressed in writing and executed by each of the parties hereto.

F. Relationship of Parties: The parties are acting herein as independent contractors and independent employers. Nothing herein contained shall create or be construed as creating a partnership, joint venture, employer-employee, or agency relationship between any of the parties, and no party shall have the authority to bind the other party in any respect.

G. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Mexico. In the event of legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to reimbursement of their reasonably incurred attorneys’ fees, costs, and expenses.

H. Counterparts: This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

I. Force and Effect: This Agreement shall have no force or effect unless executed by all parties. The original hereof shall be delivered to Mexico Outreach, Azusa Pacific University, PO Box 7000, Azusa, California 91702-7000. Licensee agrees that its failure to fully and faithfully perform all covenants, conditions, and agreements hereunder shall excuse APU’s continued performance.

J. Entire Agreement: This Agreement and APU’s Mexico Outreach Registration Manual (as amended from time to time by APU) shall constitute the final, complete, and exclusive written expression of the intentions of the parties hereto and shall supersede all previous communications, representations, agreements, promises or statements, either oral or written, by or between either party. In the event of conflict between this Agreement and the Manual, the provisions of this Agreement shall govern.


School Groups

This agreement is entered into by and between Azusa Pacific University (“APU”) and Organization (“Licensee”) for the Licensee’s use of a camp site operated as part of APU’s Mexico Outreach Program.

Now, therefore, in consideration of the mutual agreements set forth herein, APU and the Licensee enter into this agreement (“Agreement”) on the terms and conditions set forth below.

I. BASIC PROVISIONS:
A. Licensee Information:

B. APU Information:
Mexico Outreach
Center for Student Action
Attn.: Client Services
Azusa Pacific University
P.O. Box 7000
Azusa, California 91702-7000
Tel: (626) 812-3027
Fax: (626) 812-3094

C. Agreed Use:
By accepting these use terms, Licensee agrees to use the camp site listed above during the specified timeframe, for the indicated costs, and with the listed number of participants. All changes to intended use must be approved in writing by APU.

II. USE FEE:
A. Use Fee: Licensee agrees to pay APU the Total Use Fee for Licensee’s use of APU’s camp site.
B. Payment Deadlines: Licensee agrees to submit its Total Use Fee made payable to “Azusa Pacific University” by the applicable deadline stated above.
C. Cancellation: In order to obtain a refund ($35 per person is non-refundable) in the event of cancellation, Licensee understands and agrees it must submit its refund request to APU via email at moreg@apu.edu on or before the Refund Date.
D. Document Processing: The Registration forms and required forms must be postmarked by the Regular Due Date.

III. TERMS AND CONDITIONS:
A. Lawful Activity: No activities on or near APU’s camp site (“Camp Site”) which are illegal or immoral in Mexico, or inconsistent with Camp Site rules, policies, and procedures, are permitted. If Licensee is aware of any violation by its participants, Licensee will immediately desist and correct the violation.

B. Compliance with Laws: Licensee agrees to obtain all permits or licenses required by the Mexican government of itself and its participants, including obtaining tourist visas for all non-Mexican participants staying in Mexico for more than 72 hours.

C. Prohibited Items: Tobacco, alcohol, illegal drugs, fireworks, explosives, ammunition, weapons, poisonous, hazardous, and illegal substances and firearms are not permitted at the Camp Site and will be cause for removal. In addition, matches, lanterns, or anything with an open flame, are prohibited at the Camp Site.

D. Usage: Licensee agrees to use only the areas of the lodging at the Camp Site as instructed by APU, and associated common areas. In addition, Licensee agrees not to permit the Camp Site to be used for any purpose other than for Licensee’s specified use of the Camp Site operated as part of APU’s Mexico Outreach Program. Licensee further agrees to comply and require its participants to comply with the following: (1) To refrain from injuring or defacing the premises or any part thereof; (2) To not drive nails, hooks, tacks, or screws into any part of the premises or furnishings located therein, or to apply tape or other materials to the walls or other painted surfaces; (3) To make no alterations in the authorized areas; and (4) To report and assume all financial responsibility for any and all damages which occur beyond the normal usage.

E. Cleaning and Breakage: Cleaning: Licensee agrees to leave the Camp Site in a clean and tidy condition, and to reimburse APU for the cost of any clean-up beyond normal janitorial maintenance. Breakage: Licensee agrees to protect Camp Site property and to reimburse APU for the reasonable cost of repair or replacement of any property damaged in connection with Licensee’s use thereof. Normal wear and tear are excepted. All such damages are to be reported to APU immediately. Licensee agrees to assume full responsibility for any property damage caused by its participants.

F. Removal of Property: In the event Licensee or any of its participants leave property at the Camp Site, and in any event no later than three days after Licensee’s stay at the Camp Site or termination of this Agreement for default, the property shall be deemed abandoned and APU shall have the right to remove, sell, place in storage, or otherwise dispose of any such property at the sole cost and expense of Licensee. Licensee hereby irrevocably constitutes and appoints APU as its special attorney in fact to do and perform all acts necessary in removing, storing, and disposing of the abandoned personal property, to execute and deliver a bill of sale for the property, and to retain the proceeds of such sale.

G. First Aid: Licensee agrees to assume all responsibility for treatment and care of illnesses or injuries sustained by its participants. Licensee is advised to provide at a minimum: (1) its own health care supplies; and (2) one person with at least a certification in basic first aid and CPR. Licensee acknowledges APU will make available a first aid station manned by at least one person with certification in basic first aid and CPR, for the purpose of providing basic first aid assistance. Licensee acknowledges APU will not provide any other form of medical assistance, and that the nearest area hospitals are: Ensenada (35-45 minutes driving distance) – Hospital Velmar, Arenas No.151, Fracc. Playa Ensenada, Ensenada, B.C. C.P. 22880, Mexico, telephone (646) 173-4500; Cuernavaca (45-60 minutes driving distance) or El Centro (10-15 minutes driving distance)- El Centro Regional Medical Center, 1415 Ross Ave., El Centro, CA 92243, telephone (760) 339-7100; Chiapas (45-60 minutes driving distance) – Yuma Regional Medical Center, 2400 S. Avenue A, Yuma, AZ 85364, telephone (928) 334-2000. All injuries and accidents occurring at the Camp Site are to be reported to APU immediately.

H. Loss or Damages: Licensee agrees to assume all responsibility for the security of the property and equipment of Licensee, its participants, guests, and invitees. APU is not responsible for lost or stolen property or equipment.

I. Pets: Pets of any kind are not permitted at the Camp Site.

J. Noise/Volume: Outdoor systems should be kept to a moderate level and all outdoor sound systems must be turned off by 10:30 p.m.

K. Supervision: Licensee agrees to provide leadership and supervision for all participants during Licensee’s stay at the Camp Site. In respect for all guests, quiet times are 10:30 p.m. to 6:30 a.m. Licensee will provide a minimum of one adult supervisor for every twenty (20) participants under the age of eighteen (18); for children’s groups (ages 12 and under), Licensee will provide a minimum of one adult supervisor for every six (6) children. Each supervisor in charge of a group will be responsible for the conduct of the group. Such supervisors will be available to the participants and APU. In addition, one member of Licensee’s staff is required to meet as needed with APU and be available by phone, pager, or radio twenty-four (24) hours a day. Any use of hand and power tools must be agreed upon by APU and be used under adult supervision and stored in a secured cabinet or container.

L. Inspection: APU has the right to inspect the Camp Site at any time.

M. Parking: Parking is provided for the Licensee’s convenience near the various sleeping areas. Information about access to these areas may be obtained from APU.

N. Authorization for Use of Statements, Photos, and Videos: Licensee agrees to give APU permission for the use of Licensee’s name, photos, comments, and publicity materials, including its website, if any, as deemed appropriate by APU.

O. Publicity: Licensee agrees to not make any press release or other public statement with respect to this Agreement or to the activities contemplated hereby without first obtaining review and consent from APU.

P. Required Forms: Licensee agrees to provide APU the completed forms required for each of its participants (to include General Release of Liability and Particpant Agreement) prior to Licensee’s use of Camp Site.

Q. Transportation: Licensee agrees to assume all responsibility for transportation of its participants to and from the Camp Site, and all transportation of its participants during Licensee’s stay at the Camp Site.

R. General Safety Document: Licensee further agrees to comply and require its participants to comply with the following: (1) To read the current General Safety document within the Travel Guide; (2) To share the safety tips with everyone on your team; and (3) To follow these guidelines.

IV. GENERAL TERMS AND CONDITIONS:
A. Indemnification: To the extent not covered by insurance, Licensee agrees to defend, indemnify, and hold harmless APU and Azusa Pacific Mexico (“APM”), and their respective boards, trustees, officers, agents, employees, students, volunteers, affiliates and related foundations (collectively, “APU Entities”) from and against any and all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses including, without limitation, judgments, interest, penalties, settlement amounts, court costs and attorneys fees and expenses, including allocable costs and expenses for in-house counsel (“Indemnified Claims”) on account of bodily injury, illness, death, emotional trauma, property damage, theft or other loss of any kind arising out of any actual or alleged act or omission in connection with Licensee’s use of the Camp Site. Licensee’s agreement to indemnify continues even after the Licensee’s stay at the Camp Site or termination of this Agreement by default, so long as any of the Indemnified Claims asserted arose out of an incident that occurred during Licensee’s stay at the Camp Site.

B. Changes to Camp Use: Licensee agrees that APU has the right to make cancellations, substitutions, or changes in the case of emergency or changed conditions, including the level of participant interest in the use of the Camp Site. Licensee accepts all responsibility for loss or additional expenses due to delays or other changes in the Licensee’s means of transportation, other services, sickness, weather, strikes, or other unforeseen causes. Licensee understands that none of the APU Entities are responsible for any such disruptions to Licensee’s use of the Camp Site, nor for any consequent expenses Licensee may thereby incur.

C. Notices: Any and all notices required or permitted under this Agreement must be in writing, with a reference to this Agreement (and any specific provisions of this Agreement at issue or under which notice is being given). Any of the parties may change the contact information to be used for the purpose of giving notice under this Agreement by giving written notice of such change to the other party, as provided in this section. Notices must be addressed and delivered as follows:

To APU:
Mexico Outreach
Center for Student Action
Attn: Client Services
Azusa Pacific University
701 East Foothill Blvd.
Azusa, California 91702
Fax: (626) 812-3094

(With a copy to):
Office of General Counsel
Azusa Pacific University
P.O. Box 7000, 901 East Alosta Avenue
Azusa, California 91702-7000
Fax: (626) 334-0718

To Licensee:
Your organization

Notice shall be deemed effective only: (a) upon delivery when personally delivered; (b) on the next business day after deposit with a globally recognized commercial overnight carrier for overnight delivery, with written verification of receipt; (c) on the third business day after having been sent by registered or certified mail, return receipt requested, with written verification of receipt; or (d) on the next business day after having been sent by facsimile, with written verification of receipt, provided that a copy of such notice also is sent by registered or certified mail.

D. Assignment: This Agreement or any part hereof shall not be assigned or otherwise transferred by any party without the prior written consent of the other party.

E. Waivers and Modifications: No modification or waiver of any of the terms and conditions of this Agreement shall be effective unless such modification or waiver is expressed in writing and executed by each of the parties hereto.

F. Relationship of Parties: The parties are acting herein as independent contractors and independent employers. Nothing herein contained shall create or be construed as creating a partnership, joint venture, employer-employee, or agency relationship between any of the parties, and no party shall have the authority to bind the other party in any respect.

G. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Mexico. In the event of legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to reimbursement of their reasonably incurred attorneys’ fees, costs, and expenses.

H. Counterparts: This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

I. Force and Effect: This Agreement shall have no force or effect unless executed by all parties. The original hereof shall be delivered to Mexico Outreach, Azusa Pacific University, PO Box 7000, Azusa, California 91702-7000. Licensee agrees that its failure to fully and faithfully perform all covenants, conditions, and agreements hereunder shall excuse APU’s continued performance.

J. Entire Agreement: This Agreement and APU’s Mexico Outreach Registration Manual (as amended from time to time by APU) shall constitute the final, complete, and exclusive written expression of the intentions of the parties hereto and shall supersede all previous communications, representations, agreements, promises or statements, either oral or written, by or between either party. In the event of conflict between this Agreement and the Manual, the provisions of this Agreement shall govern.

 

3 thoughts on “terms and conditions

  1. Thanks

  2. I have no comment

  3. I will be there with my wife

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