World Leadership School PBC:
Acknowledgment and Assumption of Risks
& Release and Indemnity Agreement
For the Participating Outside School Faculty Member
Introduction: Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter, “Document”) carefully before signing. The participating outside school faculty member (hereafter sometimes “participant” or “participants”) must sign this Document.
In consideration of the services of World Leadership School PBC, and its owners, officers, directors, employees, agents, representatives, volunteers and all affiliated persons or entities, (individually and collectively referred to in this Document as “WLS”), in allowing me to participate in and assist with a WLS Program (hereafter “Program”), I acknowledge and agree as follows:
Activities, Risks and Acknowledgment and Assumption of Risks:
Participating (whether attending, observing, assisting with, or actively participating) in WLS educational, instructional, adventure and/or recreational activities in the U.S. or in international locations includes risks. Activities (which may be provided or led by WLS staff, contractors or others) may include, but are not limited to: scientific field research both on land and in water; hiking; trekking; camping; whitewater rafting, canoeing, sea kayaking or other boating; swimming, snorkeling, surfing and other water based activities; ziplining, canopy walking and use of high and low challenge courses; bicycling; wildlife observation; service work; interactive games and other sporting activities; socializing; host family stays or other accommodations; use of any equipment, facilities or premises; transportation in vans, planes, boats, buses and/or other vehicles to and from activities or otherwise; and, participant’s responsibilities associated with the activities or otherwise, including but not limited to: pre trip set-up, organization and supervision of student activities, meal preparation, cleaning, participating in meetings and trip scheduling, role modeling and administering paperwork (collectively referred to in this Document as “activities”). Activities may be scheduled or unscheduled, supervised or unsupervised and include activities undertaken during participant’s free, independent and/or personal time. I acknowledge that the inherent and other risks, hazards and dangers of the activities (sometimes collectively referred to in this Document as “risks”) can cause injury, damage, death or other loss to me or others. The following describes some, but not all, of the inherent risks:
U.S. or international travel. Travel can involve unique risks, such as political unrest, contact with unusual diseases, viruses or bacteria, exposure to contaminated food or water, dangerous road or travel conditions, thievery, assault, abduction and other risks. Participants may be subject to laws and legal systems in foreign countries that do not provide the same protections as the U.S. (or participant’s home country) legal system.
Note: WLS considers geo-political issues but ultimately has no control over incidents of civil unrest, terrorism, diseases, health threats or other issues. I understand I am responsible for conducting my own independent investigation through the U.S. State Department, U.S. Centers for Disease Control, World Health organization or other sources.
Judgment and decision-making. WLS staff, contractors or others, including participants, must make various judgments and decisions in a variety of environments that are, by their nature, imprecise and subject to error. These risks include that the participant, or a co-participant, WLS staff member, contractor, or other person may misjudge a participant’s (or others) capabilities, health or physical condition, or misjudge some aspect of travel, instruction, work site safety, medical treatment, weather, terrain, route location or water level.
Personal health and participation. My mental, physical or emotional condition (including use or abuse of alcohol or prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in the activities includes risks. Although WLS personnel will review my submitted medical information, WLS cannot anticipate or eliminate risks or complications posed by my mental, physical (including fitness level) or emotional condition.
Geographic location. Activities may take place in remote locations, 2 hours or more from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation and medical care. Additional delays can result if circumstances require transport back to the U.S. (or participant’s home country) for medical care. Medical facilities located outside the U.S. may be primitive or inadequate, and are frequently of a lower caliber than U.S. medical facilities. Although WLS staff or contractors may have access to wireless communication devices, use of these devices in any location (whether inside or outside the U.S.) can be unreliable and inconsistent.
Outdoor environment. These risks include travel in high altitude (up to or above 14,000 ft.), mountainous or wilderness terrain both on and off trail, and on land or water. Participants’ travel may be subject to: storms, including strong winds, rain, lightning or snow; tides, currents, waves or whitewater; extremely hot, humid or cold weather or water; fast moving rivers, oceans or other water bodies; falling rocks; falling or fallen timber; stinging, venomous or disease carrying animals, insects or microorganisms; poisonous plants; domestic or wild (including marine) animals and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable.
Any active or physical activity. These risks include the risk that a participant may overestimate their abilities or fitness; be inattentive; lose control and trip or fall and/or collide with others, the ground, rocks or trees or encounter other hazards; not understand the functioning of (or misuse) the equipment; fail to negotiate steep, uneven or difficult terrain; not control their speed or experience equipment malfunction.
Equipment. The risk that equipment may be misused, may not fit, or may break, fail or malfunction. This includes participant’s personal equipment, WLS equipment or any other equipment (whether purchased, borrowed or rented) and any structures (whether associated with a challenge course or otherwise). WLS staff or contractors require use of helmets or other safety gear for some activities. Safety gear may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear.
Volunteer service and field research. Participating in volunteer service or scientific field research projects includes risks associated with activities such as (but not limited to) construction, beach patrol, building, digging, lifting, repair and clean-up projects. Projects can include the use of tools and equipment (e.g. shovels, hammers, ladders) and cleaning/other substances that can cause injury resulting from use, misuse or malfunction.
Transportation. Travel can be on foot or by vehicle, aircraft, train, boat or other means and can be over rough and unpredictable terrain or via oceans or rivers, with wind, rain, or other adverse weather conditions. Vehicles outside the U.S. generally do not meet U.S. safety standards for seatbelts, tires, tire-tread, brakes and other maintenance.
Campgrounds, homestays, group or community accommodations. These risks include sharing rooms or space with unrelated parties or homestay families and lack of privacy and security; risks associated with varying and unfamiliar cultural norms, and unanticipated verbal and physical harm. Participant may be living with a homestay family and understand they need to use sound judgment when staying with homestay families.
Cooking, camping and travel. While camping or otherwise, risks include gas explosion, scalding or other burns associated with tending to, cooking over or being near an open fire or gas or propane stove. Contaminated water is a risk in natural or primitive settings and food or beverages provided by vendors, contractors, host families or public restaurants may be contaminated or cause an allergic reaction. Camp sites include risks such as falling trees and/or branches, floods, wildlife disturbances, and other hazards.
Participant conduct; interactions with people. Risks associated with the participant’s interactions with other participants or third parties, including any person’s carelessness or other misconduct, reliance on or interactions with WLS, its contractors, homestay families or other known or unknown persons, including the possibility of inadvertent touching by - or unwanted sexual advances from - anyone.
The inherent risks - and other risks - may result in participants: falling partway or falling to the ground or into the water; being struck by, colliding with or impacting objects, people, vehicles, animals or the bottom of a water body; experiencing vehicle or boat capsize, collision, capsize or rollover; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions; being subjected to sexual harassment, abuse or assault; being exposed to, contracting and/or transmitting to others life threatening human/animal/insect/other borne communicable and/or contagious diseases or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite or heat exhaustion/stroke), dehydration, drowning, high altitude sickness, heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussions, sunburn or other burns, illnesses, infections, cuts, wounds or other injury, damage, death or loss.
I agree:
- to review all materials received, accurately complete all required forms, abide by the terms of those documents, and obey WLS rules and other policies;
- WLS representatives are available should I have further questions about the activities or the associated risks;
- to disclose any mental, physical or emotional conditions or limitations which might affect my ability to participate, and represent that I am fully capable of participating without causing harm to me or others;
- the information provided above is not complete, other unknown or unanticipated activities, risks, and outcomes may exist, and WLS cannot assure my safety or eliminate any of the risks;
- the Program begins and ends at the times and places designated by WLS. If I and/or other School faculty spend time with or without students before or after the Program beginning or ending point, I do so independently of WLS and entirely at my own risk.
- WLS contracts with individuals/organizations that are independent contractors (not their employees or agents) to provide some of the services and activities participants will engage in. Although WLS has made efforts to locate responsible contractors, it does not supervise or control these contractors and is not legally liable or responsible for their conduct.
- I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for the inherent and other risks (known or unknown, described above or otherwise) of the activities, and for any injury, damage, death or other loss suffered by me, resulting from those risks, including the risk of my own negligence or other misconduct.
Release and Indemnity Agreement:
Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I agree:
(1) to release and agree not to sue WLS (as defined above) and its independent contractors (hereafter individually and collectively “Released Parties”), with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter “claim” or “claim/s”), for any injury, damage, death or other loss in any way connected with my enrollment or participation in the Program and/or activities. I understand I agree here to waive all claim/s I may have against the Released Parties, bind my estate and any family member/heir/other party bringing claim/s, and agree that neither I, nor anyone acting on my behalf, will make a claim against the Released Parties as a result of any injury, damage, death or other loss suffered by me;
(2) to defend and indemnify (‘indemnify’ meaning protect by reimbursement or payment) the Released Parties, with respect to any and all claim/s brought by or on behalf of me, my spouse, children or other family member/s, my heirs or estate, a co-participant or any other person or entity for any injury, damage, death or other loss in any way connected with my enrollment or participation in the Program and/or activities. This includes but is not limited to any claim/s brought by a medical care provider, insurer or other third party as a result of medical or other care or services provided to the participant before, during or after the Program and/or activities.
This Release and Indemnity Agreement includes claim/s of or resulting from the Released Parties’ negligence (but not any of their willful or wanton misconduct), and includes claim/s for personal injury or wrongful death (including but not limited to claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim.
Other Provisions:
I agree that Colorado substantive law (without regard to its “conflict of laws” rules) governs this Document, any dispute I have with WLS and all other aspects of my relationship with WLS, contractual or otherwise, and agree that any lawsuit or other legal proceeding must be filed or entered into only (exclusively) in Denver County, Colorado. I agree to attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator. I understand that WLS reserves the right to dismiss any participant from a trip or Program if staff believe, in their discretion, that participant presents a safety concern or medical risk, is disruptive, or otherwise conduct themself in a manner detrimental to the Program. If I am dismissed or depart for any reason, I understand I am responsible for all costs of early departure.
This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is deemed unlawful or unenforceable, it shall not affect the enforceability of the remaining provisions, and those remaining provisions shall continue in full force and effect.
I agree: I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and legally binding upon me, my spouse, children and other family members, and my heirs, executors, representatives, subrogees, assigns and estate. The participant must sign below.
I understand that my signature is valid and legally binding whether I choose to electronically sign, or manually sign a printable version of this Document.