Deep Roots Life School: Release of Liability
Certain risks are inherent in any Deep Roots Life School LLC (“Deep Roots”) activity (the “Activities”). Deep Roots takes your child’s safety seriously. As a condition of Deep Roots providing the Activities, and as consideration for being permitted to participate, you agree to the terms in this release.
In exchange for my child’s participation with Deep Roots, I agree for myself, for all other parents/guardians of the participant, and the participant, as follows:
1. I understand that the Activities have certain foreseeable and unforeseeable inherent risks, hazards, and dangers that no amount of care, caution, or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis, and loss of life.
2. I acknowledge that Deep Roots has taken reasonable precautions to prevent injuries to anyone participating in the Activities. Even after taking such precautions, risks still remain. These might include, but are not limited to, misunderstanding a participant’s fitness or abilities; giving incomplete or unclear warnings or instructions; misjudging weather or environmental conditions; or using equipment that has the potential to malfunction
3. I warrant that my child is capable of, and has agreed to, follow all instructions given to them by Deep Roots staff.
4. I warrant that I understand the Activities my child will participate in with Deep Roots, and that my child is healthy enough, both physically and mentally, to safely participate in the Activities.
5. I assume sole responsibility for personal injury or death arising in any part out of the negligence of myself or my child, or breaches of the warranties herein. I release and discharge Deep Roots and its employees and agents for injury, loss, or damage arising out of any participation in the Activities unless caused by Deep Roots’ sole gross negligence. I will hold harmless Deep Roots and its officers, directors, members, employees, and agents from any and all liability or claims of any kind whatsoever which may arise from Deep Roots’ simple negligence or the negligence of any of its employees/agents, or any of my or my child’s acts or omissions (whether negligent or not). If any loss or damage arises from the combined acts or omissions of Deep Roots and any other person or entity, I agree that Deep Roots shall not be liable for any portion of the loss or damage.
6. I agree to indemnify and defend Deep Roots against all claims, causes of action, damages, judgements, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise, in whole or in part, from participation in the Activities unless caused in whole by the gross negligence of Deep Roots or its employees or agents. I agree to pay for all damage to Deep Roots’ property, equipment, or facilities caused, in whole or in part, by my or my child’s acts or omissions.
7. I agree and acknowledge that I am under no pressure or duress to sign this Release and that I have been given a reasonable opportunity to review it before signing. I agree and acknowledge that I am free to have my own legal counsel review this Release if I so desire. I further agree and acknowledge that Deep Roots has offered to refund any fees I have paid to use its services and facilities if I choose not to sign this Release.
8. I have jointly participated in the negotiation, drafting, and/or discussion of this Release, which shall not be construed in favor of either party. The invalidity or enforceability of any provision of this Release shall not render the Release or any other term invalid or unenforceable.
9. Any controversies or disputes arising out of or relating to this Release will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final and any judgement may be entered upon it by any court having proper jurisdiction. Any legal or equitable claim that may arise from participation in the above shall be resolved under the laws of the State of Oregon, with venue for any dispute in Kootenai County, Idaho.
10. UNDER NO CIRCUMSTANCES WILL DEEP ROOTS BE LIABILITY FOR ANY INDIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES. UNDER NO CIRCUMSTANCES WILL DEEP ROOTS BE LIABLE FOR AMOUNTS IN EXCESS OF WHAT I HAVE PAID DEEP ROOTS TO PARTICIPATE IN THE ACTIVITY AT ISSUE, OR THE AMOUNT OF AVAILABLE AND COLLECTIBLE INSURANCE, WHICHEVER IS GREATER. THE PARTIES WAIVE ALL RIGHTS OF SUBROGATION AGAINST ONE ANOTHER.
11. PHOTO RELEASE. I grant Deep Roots permission to use my and my child’s “Media" (defined as any photographic, video, or other digital represention of myself or my family) in any and all of its publications, including web-based publications, without additional consideration. I understand and agree that by posting and tagging Deep Roots by name, or any other Deep Roots related social media connections, all Media may be used by Deep Roots without additional permission or approval. I irrevocably authorize Deep Roots to edit, alter, copy, exhibit, publish, or distribute Media for any lawful purpose, and I waive any right to inspect or approve the finished product wherein my Media and/or likeness with that Media appears. I have no right to royalties or other compensation arising or related to the use of the Media. I hold harmless, release, and forever discharge Deep Roots from all claims, demands, and causes of action that I or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
12. I warrant that I am the legal parent or guardian of the child identified below, and that I have full authority to sign this release on my own behalf, on behalf of any other parents/guardians, and on behalf of the child.
If you have questions or would like to negotiate any provision or part of this Release, please contact Amber Lomas.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.