Terms & Conditions Use Agreement
In consideration of the City of Mill Valley permitting me to participate in recreational activities offered through or in conjunction with the Mill Valley Recreation Department, I hereby agree on behalf of myself, my heirs and assigns, to be bound by the terms and conditions of this waiver, release and indemnity.
- I understand that physical recreation activities can be dangerous and that there is a risk that I could suffer serious or fatal injuries as a result of my participation. Knowing of such dangers, I hereby freely assume all such risks and, furthermore, waive and release and agree to indemnify, defend, hold free and harmless, and to not sue the City of Mill Valley and/or its elected officials, officers, employees and agents with respect to any and all liabilities, claims, judgments and/or actions for damages arising out of or in any way connected with my enrollment and/or participation in recreational activities offered through or in conjunction with the Mill Valley Recreation Department, to the extent permitted by law.
- In the event I am seriously injured or otherwise am in apparent need of emergency medical treatment and/or my child(ren) is seriously injured and are in apparent need of emergency medical treatment, I hereby authorize employees of the City of Mill Valley to administer and/or seek emergency medical treatment which said employees may deem necessary. I further agree to pay any and all costs incurred as a result of said medical treatment.
- I hereby give my permission to the City of Mill Valley to photograph or videotape me, or my child, for any purpose while participating in activities offered through or in conjunction with the Mill Valley Recreation Department, and I hereby release any and all rights and interest which I may otherwise have in such photographs and/or videotape, without claim or right to receive any compensation whatsoever.
- This release and waiver shall continue in effect for 36 months from the date of signing unless earlier terminated in writing by the Participant or Participant’s parent or guardian, as applicable.
- I hereby agree to abide by the Mill Valley Recreation Code of Conduct, Client Use Policy, and Refund Policy outlined below. These policies are also available, in their entirety, on our website millvalleyrecreation.org.
RECREATION PROGRAMS TERMS OF SERVICE
Additional Fees, Withdraw/ Refund/ Cancellations and Charges:
Program & Camp Fees
- No camp/single day event transfer, camp/single day event schedule change, camp/single day event withdrawal request, or refunds will be granted if received less than 7 days prior to start of a CAMP or SINGLE DAY EVENT.
- No program course transfer, course schedule change, course withdrawal request or refund will be granted if received more than 1 business day after the start of a program course.
- There is a $5 charge for each program course, camp, or single day event transfer, each course, camp or single day event schedule change, and each course, camp or single day event withdrawal request received up to 7 days prior to the first day of a course, camp or single day event.
- There is a $20 charge for each program course transfer, each course schedule change, and each course withdrawal received less than 7 days prior to and no later than 1 business day after the start of a course.
- The price of each program course, camp and single day event includes a processing fee based on the course price (see table below); all processing fees are refundable.
- The price of each program course, camp and single day event includes a $2 scholarship fee which goes towards the Mill Valley Scholarship Fund.
- There is a $2 scholarship fee charged to each program and pass.
- There is a $20 charge for every returned check.
- There is no transaction fee for refund requests.
AGREEMENT FOR SCHEDULED PAYMENTS/PAYMENT PLANS
- I authorize Mill Valley Recreation Department (“MVR”) to initiate debit entries to my credit card account.
- I agree to keep my home address, primary contact phone number, and email address updated with MVR at all times.
- I agree to maintain a valid Visa or MasterCard on my account to be used for schedule payments.
- Cancellation requests must be submitted to the Program Supervisor in writing, via email, at least 30 days prior to your next scheduled payment date.
- All Preschool and Center of Play deposits are non-refundable.
- All Preschool and Center of Play payments that have been processed are non-refundable.
- Refer to individual program registration descriptions for further program policy details, terms, and conditions.
PASS TERMS OF SERVICE
Additional Fees, Withdrawal, Refund, Cancellations, and Charges:
- There is a $25 charge to cancel your Annual Pass at any time and cancellation requests can be made via phone, email, or in-person. Refund amount for cancelled Annual Passes will be issued at a prorated rate based on cancellation request date.
- Annual Pass is valid for 365 days from date of activation.
- Your Annual Pass will not automatically renew at the end of the 365-day pass term.
- Annual Pass must be paid in full prior to activation and use.
- There are no transaction fees to make changes to your existing Annual Pass.
Monthly Renewal Pass
- Monthly Renewal Pass is valid for 12 months from the date of activation.
- Initial monthly payment will be processed on the date of activation. Future auto renewal payments are processed every 1 month after date of activation and payment will be processed on the same date monthly.
- Your Monthly Renewal Pass will not automatically renew at the end of the 12-month pass term.
- There is no fee to cancel your Monthly Renewal Pass. Cancellation requests must be received within 5 business days prior to your next monthly payment date and can be made via phone, email, or in-person.
- Monthly Renewal Pass cancellation requests will take effect at the end of your current billing cycle.
- All processed payments for Monthly Renewal Pass are non-refundable.
- Declined payments will result in immediate pass suspension until payment is rendered.
- It is the passholder’s responsibility to have a valid Visa or Mastercard on file for Monthly Renewal Pass payments.
- Monthly Renewal Passes will be cancelled by the City of Mill Valley if the current payment is 30 days past due.
- An Aquatics & Fitness Pass will be REQUIRED to access our Group Fitness Classes, Gym & Pool facilities (excluding Swim Lessons). Annual, Monthly Renewal, 30-Day & Single-Visit Passes DO NOT include Premium Group Fitness Classes or Personal Training.
- Individuals under the age of 18 must have a parent/legal guardian create a registration account with participating children added as family members. Individuals without registration accounts/signed waivers will not be granted access to the facility.
- Passes may not be shared. Each pass holder will have their own pass card and must scan in when using the facility. All pass holders must check in at the front desk with their pass card or pass barcode in hand.
- Single-Visit Passes constitute one continuous visit to the Aquatics & Fitness Center. Single-Visit Pass users who leave the premises and return later in the same day must buy another Single-Visit Pass to enter.
- If a Single-Visit Pass is purchased and the desired classes or facilities are at full capacity, a Free Visit Coupon will be issued for the missed class or visit. The Free Visit Coupon is valid for 30 days from the date of issue and may only be used by the individual it is issued to.
- No pass holder may conduct or participate in any non-MVR commercial business, activity or personal training at any MVR facility, including parks, fields, etc.
- Having a pass grants solely the right to use and enjoy the facilities in accordance with Mill Valley Recreation’s Code of Conduct, Client Use Policy, all posted MVR Facility Rules, and Refund Policy terms and conditions, as they are subject to change.
- Having a pass does not confer an interest in the property or assets of MVR or any right to participate in the management operations of MVR, financially or otherwise.
- Built into the fee structure are considerations for closures or modified hours due to holidays, MVR’s annual maintenance week, and seasonal pool use schedules.
- Dues are not reduced or suspended during closures or in the event that the entire facility, or a portion of the facility, is closed.
- Dues are fully payable without regard to frequency of use of the MVR facilities.
- It is the pass holder’s sole responsibility to know the MVR facilities hours of operation and gym/pool use schedule.
- MVR reserves the right to change the schedule of classes or cancel classes, depending on enrollment numbers and instructors’ availabilities. MVR does not guarantee a minimum number of available classes. Facility use subject to capacity limits and scheduling.
- MVR shall have the right, without cause, to revoke or suspend any pass at any given time for any reason by giving written or email notice of revocation or suspension to the holder and/or guardian of the pass plan.
- Refunds will only occur if
- The pass is an Annual Pass,
- It is for the revocation of the pass and,
- Only for the prorated value of the pass at the time of revocation.
- Refunds will only occur if
- No refunds will be given for any pass suspensions.
- Each pass holder is required to have a current, clear facial photo of themselves on their account profile.
- A pass holder and all persons entitled to the privileges understand and agree that MVR’s facilities, equipment, hours, services, regulations, and policies are subject to change without notice, at the sole discretion of MVR.
Youth Aquatics & Fitness Facility Usage Requirements:
Fitness Floor Requirements
Minors Ages 11–15
- A Youth Fitness Floor Orientation is required prior to accessing the fitness floor. A supervising adult or guardian is strongly encouraged to attend the Youth Fitness Floor Orientation with the minor.
- After completion of the Youth Fitness Floor Orientation, minors ages 11-15 are permitted to work out on the fitness floor. Failure to comply with all facility rules, including the Code of Conduct and Client Use Policy, may result in the requirement of an adult (of the same household and with a valid Annual, Monthly Renewal, 30-Day or Single-Visit Pass) to accompany the youth while using the facility.
- Each youth participant must have a valid Annual Pass, Monthly Renewal, 30-Day, or Single-Visit Pass to access the fitness floor.
Minors Ages 16–17
- A Youth Fitness Floor Orientation is not required prior to accessing the fitness floor however it is strongly encouraged.
- Each youth participant must have a valid Annual Pass, Monthly Renewal, 30-Day, or Single-Visit Pass to access the fitness floor.
- Children ages 0-3 must wear a disposable and reusable swim diaper at all times while in the pool.
- Children ages 4 and under are not permitted in the hot tub at any time.
- Children ages 0-6 must have an adult in the water within arm’s reach at all times.
- Children ages 7-10 must have an adult present on the pool deck at all times.
- Children ages 11 and up are permitted to be in the pool without an adult present.
- Each adult and youth pool user must have a valid Annual Pass, Monthly Renewal, 30-Day, or Single-Visit Pass.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO CORONAVIRUS/COVID19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly through person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
The City of Mill Valley Recreation Department has put in place preventative measures to reduce the spread of COVID-19; however, the City of Mill Valley Recreation Department cannot guarantee that you and/or your child(ren) will not become infected with COVID-19. Further, attending City of Mill Valley Recreation Department Facilities, Programs, Child Care, Classes, Camps, and Events (“Programs”) could increase your risk and/or your child(ren)’s risk of contracting COVID-19.
In consideration and return for the City providing the Programs to me and/or my child(ren), I hereby execute this Assumption of Risk and Waiver of Liability Relating to Coronavirus/COVID19 form (“Waiver Form”) with the express purpose of releasing and relieving the City of any resulting liability for injury to me and/or my child(ren) or other damage whatsoever to the greatest extent permitted by law.
I acknowledge the contagious and infectious nature of COVID-19. I further acknowledge that specific risks vary based on participant and activity but include, without limitation, the exposure to and infection of COVID-19, personal injury, illness, permanent disability, and/or death. I hereby voluntarily assume and accept all risks of the Programs. I will familiarize myself with the Programs’ services and activities and will remove me and/or my child(ren) from the applicable Programs if at any time I become unwilling to assume the risk thereof.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for me and/or my child(ren) for any injury (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I and/or my child(ren) may experience or incur in connection with me and/or my child(ren)’s attendance at City of Mill Valley Recreation Department Programs, or participation in any connected City of Mill Valley programming. On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless the City of Mill Valley, its officers, employees, agents, and representatives, volunteers, of and from the every and all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the City of Mill Valley, its employees, agents, and volunteers, whether a COVID-19 infection occurs before, during, or after participation in any City of Mill Valley program.
For the purpose of this Waiver Form, the capitalized term “Claims” means any past, present or future, fixed or contingent, matured or unmatured, liquidated or unliquidated, claims, cross-claims, liabilities, rights, demands, notices, injuries, inquiries, damages, requests, suits, lawsuits, costs, costs of suit, attorney’s fees, expert’s fees, actions, administrative proceedings, requests for refund, causes of action or orders, of any nature, character, type or description, whenever and however occurring, whether at law or in equity, and whether sounding in tort, contract, nuisance, trespass, negligence, strict liability or any statutory, administrative, common law or other cause of action.
CLIENT'S CODE OF CONDUCT
When using Mill Valley Recreation Department Facilities, including parks and fields, I will always follow the direction of staff and city personnel and will not interfere or disrupt their ability to provide a safe family environment. I fully understand that I must refrain from:
- Any actions that interfere with or disrupt the ability of Center staff to provide a safe family environment.
- Failing to follow staff direction.
- Being under the influence of alcohol or drugs resulting in even the slightest degree of impairment.
- Using foul, offensive or abusive language.
- Harassing, intimidating or any other type of action to interference with another individual’s ability to use the recreation facilities, including parks, fields, etc., or in staff's execution of their duties.
- Any physical or violent altercation with another client and/or staff.
- Bringing weapons of any kind to recreation facilities, including parks, fields, etc., are not allowed.
- Disregarding posted rules and misuse and/or abuse of facility equipment.
CLIENT USE POLICY
The Mill Valley Community Center provides a friendly, safe, and enjoyable family atmosphere for all participants and clients. In order to maintain this pleasant environment, the following rights and responsibilities have been implemented for all clients.
Misuse or abuse of the facility, facility equipment or staff, use of profane language, and / or fighting among participants will not be tolerated. Clients are asked to respect the rights of others and are encouraged to display good sportsmanship so that participants in all activities have an enjoyable and safe experience.