This document affects your legal rights. Please read and understand this document before signing it. You may not participate in any hands-on activities without this form having been completed, signed and witnessed.
Acknowledgment of Risks
In consideration of the services of Wild Education Tasmania, Rescue 3 International, a California corporation (and any subsidiary entities and assumed business names), their owners, members, directors, officers, shareholders, employees, agents, volunteers and all other insurers and persons or entities acting in any capacity on their behalf(hereinafter “Instructor/Training Provider/Rescue 3”), I hereby agree to release and discharge Instructor/Training Provider/Rescue 3, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge my voluntary participation in rescue training courses as a trainee and/or volunteer, including those courses involving rescue training and related activities, entails known and inherent risks, as well as unknown/unanticipated risks which could result in serious physical, mental or emotional injury or trauma, paralysis, death, drowning, illness and disease or damage to myself, third parties and my own or others’ property. I understand such risks simply cannot be eliminated without jeopardizing the essential qualities of this training and associated activities. These risks include but are not limited to: General Risks: injuries related to: 1) weather conditions; 2) water conditions in all bodies of water; 3) contact with debris; 4) difficult terrain, hiking or walking conditions; 5) use of ropes and any related equipment; 6) contact with any animals; 7) contact with water-borne, insect-borne or blood-borne pathogens; 8) lack of needed medical care; 9) falling; 10) environmental contaminates; 11) natural or man-made objects; 12) muscular or skeletal overuse; 13) drowning or near drowning; 14) collision with objects or people; 15) entanglement with equipment; 16) cuts from sharp objects; 17) mental trauma due to events or information received during training; 18) exposure to allergens; 19) frostbite; 20) personal physical contact between students and/or instructor; 21) my own physical condition and acts or omissions; 22) loss or damage of my personal property; 23) my own and other participants’ attempts to exceed skills and/or acting in a reckless manner; 24) my own failure or that of other participants to follow Instructor/Training Provider/Rescue 3’s safety guidelines and instructions of its instructors; 25) my own and others’ improper use of equipment; 26) inadequate repair or maintenance of Instructor/Training Provider/Rescue 3’s equipment; 27) failure of (including manufacturing or other defects, both apparent and latent) the equipment supplied or used by Instructor/Training Provider/Rescue 3; 28) vehicular or pedestrian accident while being transported or walking to or from activity sites; and 29) error or negligence on the part of Instructor/Training Provider/Rescue 3 and its instructors, including inadequate instruction or assistance.
Additional Confined Space Rescue Risks: injuries related to: 1) deficient oxygen; 2) toxic gas; 3) explosive atmosphere; 4) engulfment
Additional Ice Rescue Risks: injuries related to 1) contact with ice; 2) being trapped under ice
Additional Boat Rescue Risks: injuries related to 1) entrapment from or contact with boat/vessel or propeller
Additional Animal Rescue Risks: injuries related to 1) behavior of animals used in the training
Additional Tower or Wind Turbine Rescue Risks: injuries related to 1) electrocution
Additional Medical Class Risks: injuries related to 1) contact with syringes
Furthermore, Instructor/Training Provider/Rescue 3’s instructors have difficult jobs to perform. They seek safety, but they are not infallible. They might not be aware of a participant’s fitness or abilities. They might misjudge the weather, the elements, the training environment, or the water or terrain. They may give insufficient warnings or instructions, and the equipment being used might malfunction.
I understand and acknowledge that the above lists of inherent risks are not complete or exhaustive, and that other risks known, or unknown, identified or unidentified, anticipated or unanticipated, may also result in injury, death, illness or disease, or damage to myself, to my property or to other third parties. I expressly accept those risks not specifically listed above as well.
Acceptance of Risks and Responsibility
My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of the risks.
I fully understand that I may elect to not participate in any given activity at any time during the course of rescue training.
Liability Release and Discharge
In consideration for being allowed to participate in this rescue training course, I hereby voluntarily release, forever discharge, hold harmless and agree to indemnify Instructor/Training Provider/Rescue 3 from any and all liability, claims, demands or causes of action which may be in any way connected with my participation in this rescue training activity or the use of Instructor/Training Provider/Rescue 3’s equipment or facilities, including whether or not all such claims arise out of their negligence, fault, recklessness, strict liability or any other acts or omissions of Instructor/Training Provider/Rescue 3. I also expressly agree to release and discharge Instructor/Training Provider/Rescue 3 from any act or omission of negligence, fault or recklessness in rendering or failing to render any type of emergency or medical services.
Additional Terms
Should Instructor/Training Provider/Rescue 3 or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. I agree that substantive California law, (not conflict of law rules) nor the law of any other state or jurisdiction shall be applied in any legal action involving the interpretation, validity and/or enforceability of this agreement, and that any legal action resulting from my participation in this activity shall be brought only in Sacramento County, California.
In the event any portion of this agreement is deemed invalid or unenforceable, all other portions of this agreement shall remain in full force and effect. I understand that this is the entire Agreement between me and Instructor/Training Provider/Rescue 3, and that it cannot be modified or changed in any way by the representations or statements of any employee or agents of Instructor/Training Provider/Rescue 3 or by me.
I understand that no major medical insurance benefits will be provided to me by Instructor/Training Provider/Rescue 3 during this rescue training course. I certify that I have adequate health, accident and liability insurance to cover injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume — and bear the costs of — all risks that may be created, directly or indirectly, by any such conditions.
Photo/Video/Film Release
I authorize Rescue 3 International including any entity or person certified or designated by Rescue 3, to use any and all photographs, video or film taken of myself during program training activities and related activities. I understand there will be no compensation to me. All negatives together with said prints, video or film are the property of Rescue 3 International or the entity or person certified or designated by Rescue 3, solely and completely. I also waive any right to inspect or approve any photo, video or film taken during the course. I affirmatively release and discharge Rescue 3 International from responsibility for any distortion or manipulation, whether intentional or otherwise, of photos, video or film taken of me during the course.
By signing this document, I acknowledge that if I am hurt or any property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Instructor/Training Provider and/or Rescue 3 on the basis of any claim from which I have released it herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Agreement
By reading and signing this document, I understand, agree and promise to accept and assume all risks existing in Rescue 3 training courses, including but not limited to those listed in this document. I further understand that this is a waiver and release of any and all claims against Instructor/Training Provider/Rescue 3 and that I am waiving my right to maintain a lawsuit against Instructor/Training Provider and/or Rescue 3 on the basis of any claim from which I have released it herein. I further understand and agree that my signature is on behalf of myself, my heirs, assigns, personal representative and estate. I understand and accept that this is the entire agreement between myself and the Instructor/Training Provider/Rescue 3 and that it cannot be modified or changed in any way by the representations or statements of any party to this agreement. I have had a sufficient opportunity to read this entire document. I have read this document in its entirety and understand it, and I voluntarily sign my name as evidence of my acceptance of all of the provisions in this document and agree to be bound by its terms.