PARTICIPANT AGREEMENT - LIABILITY RELEASE AND ASSUMPTION OF RISK for Professional Rescue Innovations, Corp.28495 R Ave. Adel, IA. 50003
In consideration of the services of Professional Rescue Innovations, Corp., their agents, owners, officers, volunteers, participants, employees, an all other persons or entities in any capacity on their behalf (hereinafter collectively referred to as “PRI, Corp.), I hereby agree to release, indemnify, and discharge PRI, Corp., on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in a PRI class entails known and unanticipated risks in physical or emotional injury, paralysis, death, or damage to myself, to property, or third patties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: the hazards of walking on uneven terrain and slips and falls; being struck by rock fall or other objects dislodged or thrown from above; the use of rescue rope and equipment; the forces of nature, including lighting and rapid weather changes; the risks of falling off the rock or structure; the risks of exposure to insect bites; the risk of cold including hypothermia; my own physical condition, and the physical exertion associated with these activities.
Furthermore PRI, Corp. employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might be damaged or malfunction.
2. I expressly agree and promise to accept and assume all of the risk existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
3. I herby voluntary release, forever discharge, and agree to indemnify and hold harmless PRI, Corp. from any and all claims, demands, or causes of actions, which are in any way connected with my participation in this activity or may use of PRI’s equipment or facilities, including any such claims which allege negligent acts or omissions of PRI, Corp.
4. Should PRI, Corp. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical conditions I may have.
6. In the event that I file a lawsuit against PRI, Corp., I agree to do so solely in the State of Iowa, and I further agree that the substantive law of Iowa shall apply in that action without regard to the conflict of law rules of the state. I agree that if any portion of this agreement is found to be void or unenforceable the remaining document shall remain in full force and effect.
By electronically selecting a button below this document that acts as a signature, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against PRI, Corp. on the basis of any claim form which I have released them herein.
