I have been offered an opportunity to participate in a program operated by Gizmo-CdA, Inc. on the North Idaho College campus (the “Program”). I understand that in this form, “Gizmo-CdA” includes Gizmo-CdA, Inc, North Idaho College, their employees, officers, directors, partners, representatives, agents, servants, subsidiaries, shareholders, parents or affiliate corporations, successors, assigns, and any volunteers. I acknowledge that I have read a description of the Program and understand all of the inherent and potential risks of the intended activities related to the Program.
I also understand that my participation in the Program involves my use of facilities and equipment at the Program and participation in the activities offered at the Program.
ACTIVITIES:
- The activities at the Program may include, but are not necessarily limited to:
Low-energy activities such as: coding, robotics and electronics, computer skills, design and engineering.
- High energy activities such as: open recreation periods at local parks.
- Working with tools and equipment that require exposure to risk of injury when not used in a safe and reasonable way.
RISKS:
Participation in the Program including each of the activities involves a risk of injury or death and/or damage to or loss of property. Participants must assume these risks. All of the risks cannot be listed on this Form, but may include the possible conduct of other participants, whether it is negligent or intentional.
ACKNOWLEDGEMENT & ASSUMPTION OF RISK
I accept any and all risks, including the risk of injury or death and/or damage to or loss of property
associated by participation in the Program. I hereby provide my full, voluntary and informed consent to
my participation in the Program.
WAIVER, AGREEMENT NOT TO SUE AND INDEMNITY:
In exchange for Gizmo-CdA, Inc and North Idaho College allowing my participation in the Program, I agree to the following:
a. To waive any and all liability, of any kind, of Gizmo-CdA, Inc. and North Idaho College, including for North Idaho College and/or Gizmo-CdA, Inc’ negligence or vicarious liability, if any, resulting from Participant’s participation in the Program;
b. That I will not commence or participate in any type of claim or lawsuit against Gizmo-CdA, Inc and/or North Idaho College in any way related to my participation in the Program; and
c. That will completely defend, indemnify and hold harmless Gizmo-CdA, Inc. and/or North Idaho College for any claims or lawsuits against Gizmo-CdA, Inc and/or North Idaho College by any person or corporation in any way associated with my participation in the Program, including any claims or lawsuits commenced in a personal capacity or by any legal person as a representative of me/us.
UNFORESEEN EVENTS
I understand that Gizmo-CdA, Inc. and/or North Idaho College will be facilitating Activities of the Program. I understand that despite all reasonable precautions being in place to provide proper organization, supervision and equipment for all Activities, circumstances may arise which are not foreseeable or which are beyond GIzmo-CdA, Inc. and/or North Idaho College control. I understand and acknowledge that Gizmo-CdA, Inc. and/or North Idaho College is not responsible for any damages caused by the delay or failure to perform or complete any activities or to provide any aspect of the Program when such delay or failure is due to fires, strikes, floods, acts of God, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.
RULES AND REGULATIONS
I acknowledge that Gizmo-Cda, Inc. and/or North Idaho College has a policy of “I’ll come. I’ll make something. I’ll help others and stay safe.” I acknowledge that any behavioral misconduct will result in immediate removal from the Program with no money refunded.
I agree that any violation of the rules of Gizmo-CdA, Inc. and North Idaho College, or any behavior or health status that puts me or others at physical or emotional risk may result in my dismissal from the Program at the sole discretion of Gizmo-CdA, Inc. and North Idaho College.
We agree that any dispute relating to my participation in the Program shall be litigated, if at all, in the state of Idaho.
I waive any and all rights to participating in a class action lawsuit against Gizmo-CdA, Inc. and/or North Idaho College.