In consideration of the services of Wyoming Catholic College (WCC), I, joined by my parents or guardian if I am under eighteen years of age, agree and acknowledge as follows: ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS Although WCC has taken reasonable steps to provide me with appropriate equipment and skilled staff for the class or event for which I have registered, I acknowledge that the activities of the course or event have risks, including certain risks, which cannot be eliminated without destroying the unique character of the activities. The same elements that contribute to the unique character of these activities can cause loss or damage to my equipment, accidental injury, illness, or in extreme cases, permanent trauma, disability or death. I understand that WCC does not want to frighten me or reduce my enthusiasm, but considers it important for me to know in advance what to expect and to be informed of the activities’ inherent risks. The following describes some, but not all, of those risks. - WCC outdoor activities may occur in remote places, days from medical facilities. Communication and transportation are difficult and sometimes evacuations and medical care may be significantly delayed.
- Equipment may fail or malfunction, despite reasonable maintenance and use.
- Travel is by vehicle, snowshoe, snowmobile, skis, horseback, foot and other means, over rugged unpredictable off-trail terrain, including boulder fields, downed timber, rivers, rapids, river crossings, high mountain passes, snow and ice, steep slopes, and slippery rocks. Attendant risks include collision, falling, drowning and others usually associated with such travel, including environmental risks.
- Environmental risks and hazards include rapidly moving, deep or cold water; insects, snakes, and predators, including large animals; falling and rolling rock; lightning, avalanches, flash floods, and unpredictable forces of nature, including weather which may change to extreme conditions without notice. Possible injuries and illnesses include hypothermia, frostbite, high altitude illnesses, sunburn, heatstroke, dehydration, and other mild or serious conditions.
- WCC activities are conducted indoors and outdoors, day and night. Physical activities include running, sustained climbing, hiking, biking, paddling and repetitive lifting. They may also include realistic simulated medical injury and treatment situations.
- WCC activities may involve travel to locations away from the primary classroom. Travel is not supervised by WCC and includes the use of personal vehicles and/or carpooling in vehicles not owned or controlled in any way by WCC. WCC has no responsibility for any incident arising out of such travel.
- Decisions are made by the instructors and students usually in a wilderness setting, based on a variety of perceptions and evaluations which by their nature are imprecise and subject to reasonable errors in judgment. Misjudgments may pertain to, among other things, a student’s capabilities, environment, terrain, water and weather conditions, natural hazards, routes and medical conditions.
- WCC participants will have unsupervised free time before, during and after their classes. Free time activities are not part of the WCC program and are at the sole risk of the participants. WCC has no responsibility for such activities. WCC staff may from time to time provide assistance or even accompany participants in these free time activities, but in doing so, they are acting as private individuals, and not for WCC.
I acknowledge that engaging in this program may require a degree of skill and knowledge not required in other activities, and that I have responsibilities as a student for my safety and the safety of others. I acknowledge that WCC activities are instructional in nature and I expect to be challenged to expand my skills and judgment. I acknowledge that the staff of WCC has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity. I understand that the description above of the risks is not complete and that other unknown or unanticipated risks may result in property loss, injury or death. I expressly acknowledge and assume the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with knowledge of the inherent risks. I represent that I am fully capable of participating in the program, without causing harm to others or myself. Therefore I assume and accept full responsibility for me and for injury, death and loss of personal property and expenses suffered by me and them as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence or otherwise wrongful conduct in participating in these activities. The Following Provisions Apply to the Acknowledgement and Assumptions Of Risks and The Agreements of Indemnity and Release: I, (joined by my parents or guardian if I am under eighteen years of age) further agree as follows: WCC is authorized to obtain or provide emergency hospitalization, surgical or other medical care for me. Any dispute between WCC and me and/or my parents or guardian shall be governed by the substantive laws (not including the laws which might apply the laws of another jurisdiction) of the State of Wyoming, and any mediation or suit shall occur or be filed only in the State of Wyoming. If I have any legal dispute with WCC which cannot be settled through discussions between the parties, I will attempt to settle the dispute through mediation before a mutually acceptable mediator whose name appears on the registry of names recognized by Wyoming courts as qualified persons for mediation assignments. To the extent mediation does not result in a resolution, the dispute will be submitted to binding arbitration through the American Arbitration Association in Wyoming. I also agree to pay all costs and attorneys’ fees incurred by WCC in defending a claim or suit, if the claim or suit is withdrawn or to the extent a court or arbitration determines that WCC is not responsible for the injury or loss. WCC and persons designated by it may use my photograph for sale or reproduction in any manner WCC chooses, including for advertising display, audiovisual presentations or otherwise. If any part of this agreement is found by a court or other appropriate authority to be invalid, the remainder of the agreement nevertheless will be in full force and effect. This agreement is entered into voluntarily, after careful consideration and is binding upon the persons signing below, their heirs, executors, administrators, wards, minor children and other family members. THE STUDENT HAS READ THIS PAGE AND THE PREVIOUS PAGE AND UNDERSTANDS AND AGREES TO THE ACKNOWLEDGEMENTS AND ASSUMPTIONS OF RISKS, AGREEMENTS OF RELEASE AND INDEMNITY AND THE ADDITIONAL PROVISIONS, ABOVE. ASSUMPTION OF ADDITIONAL RISKS AND AGREEMENTS OF RELEASE AND INDEMNITY The U.S. National Park Service and some other federal land management agencies do not allow service providers such as WCC to be released by their students from liability for injuries or other losses occurring on certain public lands. On those lands, WCC is limited to the Acknowledgement and Assumption of Risks, above. Your course may include travel and activities off these public lands, and WCC seeks the following additional protection for such travel and activities. In further consideration of the services of WCC I (joined by my parents or guardian if I am under eighteen years of age,) acknowledge that I have read and understand the Acknowledgement and Assumption of Risks, above, and confirm its representations and agree to all its provisions as though they were fully set forth again here. In addition, except with respect to an injury or loss that occurs on public lands whose rules and regulations prohibit doing so, I acknowledge and expressly assume all risks of the course and any other activity of WCC, whether those risks are known, unknown, inherent or otherwise. If I am an adult student, or the parent or guardian of a minor student, I agree, to the fullest extent allowed by law, for myself and on behalf of the minor child, if any, as follows: a) To release and discharge WCC, its agents, employees, trustees, officers, course sponsors, contractors, and all other persons or entities associated with it and its activities (individually and collectively referred to as “Released Parties”) from any and all claims of injury or loss which I or the minor child may suffer, arising out of or in any way related to my, or the minor child’s, enrollment or participation in the activities of WCC. I understand that in signing this document I, for myself and the minor child, surrender all rights to make a claim or file a lawsuit against a Released Party, for personal injury, property damage, wrongful death, products liability (including strict liability), breach of warranty or contract or under any other legal theory, except in cases of intentional wrongs or the gross negligence of WCC. b) To defend and to indemnify (that is, protect by payment or reimbursement, including attorney’s fees and costs) any and all Released Parties from any claim which may be brought by the minor child, a co-participant, rescuer or any other person, including a member of my or the minor child’s family, asserting a loss, including by reason of my, or the minor child’s injury or death, which may arise from or in any way relate to my or the child’s enrollment or participation in the activities of WCC. The Release and Indemnity described above includes but is not limited to any claim arising out of or in any way related to transportation or other occurrences to and from any activity of WCC, and the use of WCC’s equipment or facilities. The Release and Indemnity described above includes claims arising in whole or in part from negligent acts or omissions of the Released Parties or any of them. Today's Date: April 25, 2024 |
