HEAVY METAL SUMMER EXPERIENCE
HOST CAMP AGREEMENT & INDEMNIFICATION WAIVER
This Agreement (“Agreement”) is entered into on [DATE], by and between Heavy Metal Summer Experience (“HMSE”), a 501(c)(3) tax-exempt nonprofit corporation, and [HOST CAMP], a [ORGANIZATION TYPE] (collectively, the “Parties”).
In consideration of HMSE permitting Host Camp to host HMSE summer camps and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
ARTICLE I: INSURANCE
Host Camp shall maintain comprehensive general liability and other necessary insurance consistent with industry standards for youth-focused educational programs, covering its directors, officers, employees, agents, volunteers, and assigns.
ARTICLE II: ASSUMPTION OF RISK, WAIVER & INDEMNIFICATION
2.1. Assumption of Risk. Host Camp acknowledges that hosting the Program involves inherent risks—including but not limited to use of construction tools and equipment, physical labor, slips, trips, and environmental hazards—and volunteers that Host Camp and its participants assume all such risks.
2.2. Waiver of Liability. To the fullest extent permitted by law, Host Camp, on behalf of itself, its agents, staff, volunteers, participants, and any minors under its oversight, waives any claims against HMSE and the “HMSE Indemnified Parties” for ordinary negligence—excluding gross negligence or willful misconduct.
2.3. Indemnification. Host Camp will defend, indemnify, and hold harmless HMSE and its officers, directors, employees, agents, affiliates, successors, and assigns (“HMSE Indemnified Parties”) from any and all claims, demands, liabilities, damages, losses, costs, and expenses (including attorneys’ fees) arising out of or relating to Host Camp’s activities under this Agreement, including claims by participants, parents, volunteers, vendors, or others—except to the extent caused solely by HMSE’s gross negligence or willful misconduct.
ARTICLE III: GENERAL TERMS
3.1. Entire Agreement; Severability. This Agreement contains the full understanding of the Parties and supersedes all prior agreements. If any provision is held invalid, the remaining provisions shall remain enforceable.
3.2. Host Camp Responsibilities:
Host Camp agrees to:
- Secure a signed release form from each participant—or their parent/guardian if under 18—and a media release form where feasible.
- Implement a written Safety Management Plan, including orientation, daily facility inspections, and an emergency medical response protocol.
- Promptly report any medical incidents, injuries, or property hazards to HMSE and provide a written incident summary upon camp conclusion.
3.3. Use of Name and Brand.
- Host Camp shall use the name “Heavy Metal Summer Experience” (“HMSE Name”) and any associated logos, trademarks, or branding (“HMSE Marks”) solely in connection with the Program, and in a manner that preserves the reputation and goodwill of HMSE. All such use must comply with HMSE’s brand usage guidelines, as provided and updated from time to time.
- HMSE reserves the right, in its sole discretion, to require Host Camp to immediately cease using the HMSE Name or Marks if HMSE determines such use is inappropriate, misleading, or otherwise harmful to HMSE’s goodwill or image. Upon such determination or upon termination of this Agreement, Host Camp must promptly discontinue all use of the HMSE Name and Marks, including removal from websites, signage, marketing materials, and other promotional items.
- Any goodwill generated from the use of the HMSE Name and Marks shall inure solely to the benefit of HMSE.
ACKNOWLEDGMENT & AGREEMENT
By clicking the "I agree" button below and submitting the Host Camp Application, the undersigned—an authorized representative of Host Camp—certifies they have read, understand, and agree to be bound by this Agreement.
I certify that I have read, fully understand, and accept the terms of this Host Camp Agreement & Indemnification Waiver.