Terms and Conditions
The individual registering (referred to as “I” or “me”) desires to participate in a course/class being facilitated by the White Pine Wilderness Academy (the “Company”). As lawful consideration for being permitted by the Company to attend and participate in courses/classes, I agree to all of the terms and conditions set forth in this Consent, Release and Waiver (this “Release”).
I AM AWARE AND UNDERSTAND THAT COURSES/CLASSES MAY INVOLVE DANGEROUS ACTIVITIES AND MAY INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE COURSES/CLASSES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I, on behalf of myself, my personal representatives and my heirs, hereby expressly waive and release any and all claims, now known or hereafter known in any jurisdiction throughout the world, against the Company and its officers, managers, employees, instructors, agents, affiliates, members, successors and assigns (collectively, the “Releasees”), arising out of or attributable in any way to the course/class, whether arising out of the negligence of the Company or any of the Releasees or otherwise. I, on behalf of myself, my personal representatives and my heirs, covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of [Indiana] without giving effect to any choice or conflict of law provision or rule (whether of the State of [Indiana] or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in the State of [Indiana] and I hereby consent to the exclusive jurisdiction of such courts.
BY ACKNOWLEDING THIS RELEASE, I ACKNOWLEDGE THAT: I AM AT LEAST 18 YEARS OLD; I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE; AND I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.