For and in consideration of good and valuable consideration, including, but not limited to, CPR, AED and First Aid instruction and certification, the receipt and sufficiency of which is acknowledged hereby, I hereby waive my rights to all claims for injuries that I may sustain arising out of the CPR, AED, and First Aid course instruction or any subsequent activities arising therefrom. I further agree to hold harmless Defensive Skills Academy (aka DSA), American Red Cross (aka ARC), and the facility where the course is being held, for all injuries, be them physical, fiscal or otherwise, that I may inflict upon others as a result of the CPR, AED, and First Aid course instruction. I recognize and acknowledge that there are certain risks of physical injury involved in attending a CPR, AED, and First Aid instruction course, and I agree to assume the full risk of injuries, including death, damages or losses which I may sustain as a result of attending a course of CPR, AED, and First Aid instruction with DSA. I agree to waive and relinquish any and all claims that may have arisen out of, or connected with, said course, whether they relate to injuries to myself or others. I do hereby fully release and discharge DSA and its officers, agents, employees, facility owners, and the ARC from any and all claims from injuries, including death damage or loss, which I may have as a result of this course. I have read and fully understand and agree to the above stated conditions of participation in this Program. By indicating your acceptance, you understand, agree, warrant and covenant as follows: 1. REGISTRATION AGREEMENT AND LIABILITY WAIVER (the “Agreement and Waiver”) Authority to Register and/or to Act as Agent. You represent and warrant to Defensive Skills Academy and the American Red Cross that you have full legal authority to complete this course registration on behalf of yourself and/or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver DSA refers to Defensive Skills Academy and any and all subsidiaries, affiliated entities, or entities that control or are controlled by Defensive Skills Academy singly or together and its officers, employees, contractors, subcontractors and agents. If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this course registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child’s information, which you provide for the purposes of registration. 2. Waiver. YOU UNDERSTAND THAT PARTICIPATION IN THE COURSE IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE COURSE, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE DEFENSIVE SKILLS ACADEMY, THE AMERICAN RED CROSS, THE FACILITY WHERE THE TRAINING IS TAKING PLACE, FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE COURSE BY YOU OR ANY REGISTERED PARTY. 3. Limitation of Liability; Disclaimer of Warranties. DEFENSIVE SKILLS ACADEMY, THE AMERICAN RED CROSS, AND THE FACILITY WHERE THE TRAINING IS TAKING PLACE, INCLUDING AGNETS, REPRESENTATIVES, EMPLOYEES, INSTRUCTOR, CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE DEFENSIVE SKILLS ACADEMY AND THE AMERICAN RED CROSS OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH DEFENSIVE SKILLS ACADEMY AND THE AMERICAN RED CROSS OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF DEFENSIVE SKILLS ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF DEFENSIVE SKILLS ACADEMY IS AT YOUR SOLE RISK. DEFENSIVE SKILLS ACADEMY AND THE AMERICAN RED CROSS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEFENSIVE SKILLS ACADEMY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Defensive Skills Academy makes no warranty that DSA and/or the ARC sites’ services will be uninterrupted, secure or error free. DSA and/or ARC does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Defensive Skills Academy site. DSA and the ARC are not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the DSA or ARC sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data. 4. Indemnification. You agree to indemnify and hold DSA and ARC harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use of DSA and ARC services. 5. Applicable Law; Consent to Jurisdiction. DSA sites (excluding linked sites) are controlled by DSA from its offices within the State of Pennsylvania, United States of America. By completing this course registration, both you and DSA agree that the statutes and laws of the State of Pennsylvania, without regard to the conflict of laws principles thereof, will apply to all matters relating to this course registration, this Agreement and Waiver, the Terms of Use or other use of the DSA sites. You agree that exclusive jurisdiction for any dispute with DSA and/or ARC resides in the courts of Berks County in the State of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Berks County in the State of Pennsylvania in connection with any dispute including any claim involving DSA, ARC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. 6. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Pennsylvania and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. |