Advanced Professional Healthcare Education LLC ("APHE") Course Participant Agreement
I understand that participation in one of APHE’s courses or programs in resuscitation, advanced resuscitation, and trauma and medical care (the “activities”) involved inherent risks and dangers, including hazards associated with training in both indoor and outdoor environments that may include heat, cold, or physical exertion (including CPR and airway management) which may be inherently dangerous. I understand that such activities are often physically and emotionally demanding. I further understand that I will be participating in emergency medical training scenarios with other students under circumstances where accidents, mistakes, or other circumstances may result in injury to me. To enable APHE to provide its courses and programs and in consideration for my participation in such courses and programs:
1. Volunteer. I voluntarily choose to participate in the activities and accept and assume the risk of bodily injury, death, or property damage occurring while participating in them notwithstanding such risks and dangers.
2. Release. I, for myself and my heirs, successors, assigns, and personal representatives, hereby absolve, release and discharge APHE, its respective agents, employees, officers, directors, volunteers, and successors and assigns (hereinafter referred to individually or collectively as “Releasees”) from any blame or liability or causes of action whatever, whether based on tort, contact, expressed or implied, or any other theory, arising from, or on account of, property damage, economic loss, personal injury or death, related to or arising from my participation in the activities, including, without limitation, any liability or causes of action based on, asserting, or caused by, the negligence of Releasees or of other persons.
3. Indemnify. I further hereby covenant not to sue and agree to indemnify and hold harmless Releasees from any liability or causes of action whatsoever arising from property damage, economic loss, personal injury or death, related to my participation in the activities, including, without limitation, any liability or causes of action based on, asserting, or caused by, the negligence of Releasees or of other persons and including, without limitation, liability for loss of consortium which may be asserted by my spouse or others, and agree to pay the legal fees and expenses of Releasees associated with the defense of any claims brought in violation of this Agreement. Provided, however, that nothing herein shall operate to preclude me from making a claim for workers compensation if I would be entitled to make such a claim in the absence of this Agreement.
4. Financial Responsibility. I agree that I shall be financially responsible for the course I am participating in, including all tuition, materials, and fees and any other related costs. Related costs refers to but is not limited to interest that may accrue from a truant account and other associated fees. I further agree to pay any fees, fines or penalties that are related to my participation in this course, including but not limited to: tuition, late payment fees, finance charges, or material fees. In the event that a third party (i.e. employer, school, etc) does not pay for this course, as that third party may have previously stated, I understand that I am fully responsible for any charges pertaining to this course. In addition, I understand that if I do not pay for the course in which I am participating, any contact information I have provided to APHE may be turned over to a collections agency for the purposes of recovering payment. If there are additional fees owed for the collections agency involvement, I agree to pay the additional fees.
5. Consent for Photographs, Videotapes, and Film. I hereby authorize and give full consent to APHE to publish or copyright all photographs, videotapes, voice recordings, and film in which I, the undersigned, appear. I understand that photographs may have been taken prior to this consent and agree that those photographs are covered by this consent. I further authorize that the photographs, videotapes, and film may be published for any purpose and in any form without limitation or authorization. Examples of such use may include, but not be limited to, education and training of health care providers and accident prevention programs.
6. The Agreement shall be governed by the laws of the State of Wisconsin. By signing this Agreement, I further agree that the State of Wisconsin will be the exclusive jurisdiction in which I may bring any suit related to or arising out of the activities. This Agreement shall be binding on me and on my heirs, successors, assigns, and personal representatives. If any provision herein is invalid or unenforceable, in whole or in part, that shall not affect the validity or enforceability of any other provision.
This agreement is also available at www.aphed.com/participant-agreement.