PIVOT ADVENTURE COMPANY, LLC
ACKNOWLEDGMENT OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
READ CAREFULLY BEFORE SIGNING – THIS LIMITS PIVOT’S LIABILITY
I, on behalf of myself and my child (collectively referred to as “I”, “my”, or “me”) have voluntarily chosen to participate in recreational activities, including but not limited to indoor and outdoor rock climbing, ropes course and challenge course activities, hiking, snowshoeing, mountain biking, cross-country and downhill skiing, snowboarding, and travel associated with these activities (collectively, “the Activities”). I understand that participation in the Activities poses inherent and other risks of INJURY and DEATH. The risks associated with the Activities include, but are not limited to, falling; landing on or striking padded or unpadded surfaces; being injured by falling objects or participants; being injured by the actions or inactions of other participants, including but not limited to other participants’ failure to belay properly; movement of climbing holds; equipment failures of any kind; naturally occurring hazards and dangers of all kinds; steep and uneven terrain and trail conditions including snow (surface and subsurface conditions), ice, rocks, dirt, mud, sand, vegetation, and cliffs; hazards associated with changes in weather, temperature, and lighting conditions; and other rugged terrain conditions. The risks also include hazards and dangers associated with the use of manmade structures, vehicles, materials, and equipment, including misuse, defect, failure, or inadequacy of equipment. Other risks include those associated with the use of facilities, including indoor climbing facilities; ropes course facilities; ski resorts including chairlifts, surface lifts, and other conveyances; and participating in instruction and/or special events (collectively, “use of the facilities”). Despite these risks and all other risks, and TO THE FULLEST EXTENT ALLOWED BY LAW, I ACKNOWLEDGE AND AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY OR DEATH that might be associated with or arise out of my participation in the Activities or use of the facilities.
In consideration for being permitted to participate in the Activities and engage in use of the facilities, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE Pivot Adventure Company, LLC and all of its successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, volunteers, facility landowners, parent and subsidiary companies, and affiliated companies (collectively herein, “Pivot”) for injury or death resulting from my participation in the Activities or use of the facilities, regardless of the cause, including the alleged NEGLIGENCE of Pivot. I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Pivot for any claims, lawsuits, damages, attorney fees, costs or judgments arising out of my participation in the Activities or use of the facilities.
I UNDERSTAND THIS IS A RELEASE OF LIABILITY that will apply whenever I or my child participate in the Activities or engage in use of the facilities with or associated with Pivot. I understand that this RELEASE OF LIABILITY will prevent me, my child, and our representatives and heirs from filing suit or making any claim for damages in the event of injury or death from my or my child’s participation in the Activities or use of the facilities. Additionally, in the event I file or my child or any legal representative files a claim or a lawsuit arising out of my or my child’s participation in the Activities or the use of the facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Pivot for any damages, attorney’s fees, or costs arising out of such a claim or a lawsuit. With a full understanding of this agreement, I enter into it freely and voluntarily and agree that it is binding upon me, my child, our heirs, assigns and legal representatives.
I UNDERSTAND THAT PARTICIPANTS IN PIVOT ADVENTURE ACTIVITIES MUST HAVE MEDICAL INSURANCE. I confirm that I and/or my child is covered by medical insurance and that if that status changes I will notify Pivot Adventure Co immediately and cease and/or have my child cease participating in Activities until coverage is restored. I understand that I alone am responsible to decide whether I and/or my child should engage in the Activities. I confirm that the participant is physically and mentally capable of participating in the Activities, and I understand that if my or my child’s mental or physical condition changes after the execution of this agreement such that I, he or she is not capable of participating in the Activities, I am responsible to cease and/or have my child cease participating.
I acknowledge that Pivot’s representatives and/or other participants or spectators may photograph or videotape the Activities and facilities, including my or my child’s participation therein. I agree that Pivot may use these recordings in any way, including but not limited to for marketing purposes and as evidence, without compensation or restriction. I understand and agree that this agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable.
THIS IS A RELEASE OF LIABILITY – DO NOT SIGN UNLESS YOU AGREE TO BE BOUND BY ITS TERMS
Date: May 28, 2020
Pivot Adventure Co. Consumer Agreement
Welcome, you and your family are about to embark on an 8-week adventure course designed to help students level up and to build resiliency needed to overcome life’s challenges. This agreement is to clarify the student and the family responsibilities, logistics and operational aspects of the course
Pivot Adventure has licensed recreation therapists, social workers and outdoor experts on the team who help develop the curriculum and set goals for activities and discussions. Pivot Adventure will provide weekly activities for students (excluding most school holidays). At each activity students will work on adventure skills such as hiking, mountain biking, outdoor and indoor rock climbing, snowshoeing, cross-country skiing and downhill skiing. Students will also participate in initiative games and group discussions to help build connections with other students and to help them understand and remember concepts they are learning. Each class will build on topics from the previous class so it is important not to miss one. Groups are made up of school-aged youth 12 and older. Parent webinars will be provided throughout the course. In addition, we offer a family workshop at the end (graduation) where the students will show the parents/guardians an activity we have been mastering. At least one parent/guardian is encouraged to attend the parent webinars and the family workshop.
Our course involves challenging situations, introspection and a critical view of deep change. It is not unusual to experience uncomfortable feelings such as sadness, guilt, anger, frustration, loneliness and helplessness. Vulnerability is a huge part of what we do. This journey is undoubtedly hard work and is truly a process. It is hard to predict how quickly it will “work” or what specific effects it will have. There are no guarantees of what you will or will not experience. We make no promises of a magic answer to “fix” things. However, with your enrollment our course can lead to reduced stress and anxiety, improved self-esteem, increased self-efficacy, better relationships, solutions to specific problems and significant reductions in feelings of distress.
Gear and Clothing
Pivot Adventure will provide gear for activities. Students are required to come to the activity in appropriate clothing including athletic shoes and with a small backpack, water bottle and sack lunch. Pivot Adventure will always provide snacks, sunscreen, insect repellant, feminine hygiene products and first aid supplies. For safety reasons, students who arrive in improper clothing or without required personal items may not be allowed to participate in the activity.
Transportation (Pick up and Drop off)
Transportation is provided from specific high schools. The van will leave 10 minutes after school lets out. It is the student’s responsibility to arrive on time for the outing. It is your responsibility to notify Pivot Adventure prior to departure time if your child will miss an outing. If a student does not check in for an activity by departure time, we will attempt to contact a parent and leave a message. If your child does not attend one of the designated schools, we may arrange to meet you at the mouth of canyons or trail heads to join the group.
In the event that my child does not check in for an outing, I consent to messages being left at the following phone number. Pivot Adventure will not be responsible for a student that has not checked in for an activity by the time the van is scheduled to depart. If a student requires an authorized adult to pick them up, the adult must be on time. If the authorized person is late, a $50 fee will be charged.
Cost of Services
- 8 Week Session Fee (1 day per week and 1 family webinar per week) $2,000
- Late Pick-Up Fee (for students who require authorized pick up) $50
- Declined Credit Card Fee or $30
Pivot Adventure is an intensive workshop. Students are expected to attend every activity. As small staff ratios are required for individual attention, we are not able to offer make-up classes or refunds if an activity is missed.
Pivot Adventure is an out-of-network course. We encourage families to continue sessions with their current therapist if they have one or to seek one out, however our fees do not cover any additional therapy. We partner with a number of therapists and can provide a release of information agreement to allow us to work with your current therapist and share goals and progress. By partnering with therapists we are able to accelerate the work that has already been started and allow for insurance companies to work directly with the therapist and use medical billing to minimize costs. Therapists conducting therapy sessions outside of activities are therefore partners with Pivot, not employees and are not covered in our fees.
Authorization to Serve and Obtain Emergency Care
In case of emergency, I authorize Pivot Adventure Co to serve me and/or my minor child and obtain emergency medical care for me and/or my minor child.
Confirmation of Medical Coverage
I understand that participants in Pivot Adventure Activities must have medical insurance. I confirm that I and/or my child is covered by medical insurance and that if that status changes I will notify Pivot Adventure Co. immediately and cease and/or have my child cease participating in Activities until coverage is restored. I understand that I will also need to email a picture of the insurance card that covers the participant.
Pivot Adventure is a mutual commitment. We commit to welcoming you into a small, focused cohort, and doing everything we can to deliver on the promises of the course. In return, we ask you to commit to spending the time, money and passion it takes to level up. We understand that life can interfere and that plans change, and we’ve tried to create a refund policy that respects you, our students and our mutual commitments. After the enrollment period, we require full payment to secure your spot in the course. No refunds are possible once the course begins. We do appreciate notification of withdrawal as soon as possible so that we can attempt to fill your spot with another student who may be on the waitlist. If you’re unable to participate, we’ll donate half your Enrollment Fee to another students tuition who really needs a leg up.
If, in the opinion of our guides, the participant not contributing to the culture of safety and forward motion, we’ll let you know. If you’re still not able to actively participate, we’ll ask you to withdraw from the course. In this situation, no refund is possible, and we’ll donate half your Enrollment Fee to a future student in need.
I have read the Pivot Adventure Consumer agreement and agree to the relationship as outlined.