Wilderness First Aid Course Participation Release and Indemnity Agreement

1. Wilderness First Aid Course (hereinafter “WFAC”) shall mean and refer to the non-profit corporation together with all persons that teach, contribute to, assist, provide materials to, volunteer for, or otherwise participate, exclusive of being a student therein, in the presentation of medical and or first aid techniques and curricula associated in any way with the WFAC course. I also expressly recognize that many if not all of WFAC may not be certified to teach the material, lessons and/or techniques that will be presented.

2. In consideration for the my enrollment in the WFAC, I hereby jointly and severally irrevocably and unconditionally release and forever discharge and agree to waive, and hold harmless WFAC and their agents, directors, officers, employees, representatives, attorneys, insurers, affiliates/subsidiaries, parent corporations, sister corporations, (and agents, directors, officers, employees, representatives, attorneys of such affiliates/subsidiaries parent corporations, sister corporations), and their predecessors, successors, heirs, executors, administrators, and assigns, and all persons and entities acting by, through, under or in concert with any of them, or any of them, from any and all actions, causes of action, suits, debts, charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages and expenses (including attorneys’ fees and costs actually incurred), of any nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, arising out of, based upon, or related to any allegations of misfeasance, malfeasance, nonfeasance, negligence, breach of contract, intentional torts, or any torts or civil wrongs in connection with my participation in the WFAC course, or my actions using knowledge and/or techniques I learned in the WFAC course, whether applied correctly, negligently or incorrectly.

3. Waiver, Modification and Amendment. No provisions of this agreement may be waived unless in writing and signed by all of the myself and WFAC. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. This agreement may be modified or amended only by written agreement executed by myself and WFAC.

4. Attorneys’ Fees. In the event of any litigation between the parties involving their respective rights or obligations under this agreement, the prevailing party shall be entitled to recovery of reasonable attorneys’ fees and court costs as determined by the court.

5. Governing Law; Jurisdiction; Venue. This Agreement will be governed by and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. Furthermore, WFAC and I agree that any action or proceeding brought to enforce or declare rights arising out of or relating to this agreement will be brought exclusively in the State or Federal Courts in and for the County of Orange, California, and WFAC and I further consent to the jurisdiction of said Courts and waive any claims of forum non conveniens or any other claims relating to venue.

6. Integration. This agreement sets forth the entire agreement between the myself and WFAC in regards to waiver and indemnification for and from any and all actions, causes of action, suits, debts, charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages and expenses (including attorneys’ fees and costs actually incurred), of any nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, arising out of, based upon, or related to any allegations of negligence, breach of contract, intentional torts, or any torts or civil wrongs in connection with my participation in this course. This agreement fully supersedes any and all prior agreements or understandings between the WFAC and me pertaining to the subject matter hereof.

7. Successors. This Agreement is binding upon and shall inure to the benefit of the myself and WFAC and each of WFAC’s respective successors, predecessors, assigns, heirs, personal representatives and affiliates, without time limitation.

8. Interpretation. In the event of an ambiguity in or dispute regarding the interpretation of same, the interpretation of this RELEASE OF LIABILITY AND INDEMNITY AGREEMENT shall not be resolved by any rule of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the draftsman.

9. Savings Clause. If any portion of this waiver is deemed unenforceable, that shall have no effect on any other portion of this waiver.

10. Standard of Care. I further understand that some of the lessons and or techniques taught in the class may not meet the recognized legal standard of care and that no action for medical malpractice will exist against any and all of the WFAC. I further recognize that techniques and lessons taught by WFAC may even dictate breaching the recognized standard of care and that it is incumbent upon me to seek outside, third party, professional medical opinions before using the knowledge and techniques taught by WFAC prior to using them. Moreover, I assume all risk associated with my use of any and all knowledge and/or techniques taught and demonstrated by WFAC both during the class and forever following the class.

11. I further recognize the following: that this RELEASE OF LIABILITY AND INDEMNITY AGREEMENT was fairly and honestly negotiated in that I have a right to refuse to participate in the WFAC class and that as a condition of my participation, I must sign this RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I fully understand and am cognizant of this condition to my participation in the WFAC class.

12. I further recognize that there are voluminous inherent risks in participating in this class, including but not limited to, negligent acts by other students and by WFAC, intentionally tortuous acts by other students and WFAC, unforeseen acts of God, unforeseen dangers from weather, environment and or conditions in the pro- vided temporary lodging which may lead to injury and/or death, or property damage. I expressly assume these risks and agree to hold WFAC harmless , from any and all actions, causes of action, suits, debts, charges, com- plaints, claims, liabilities, obligations, promises, agreements, controversies, damages and expenses (including attorneys’ fees and costs actually incurred), of any nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, arising out of, based upon, or related to any allegations of misfeasance, malfeasance, negligence, breach of contract, intentional torts, or any torts or civil wrongs in connection with my participation in this course.

13. Use of My Likeness. I understand that during the WFAC I may be photographed. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me, and I grant to WFAC and their assigns permission to use and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.

14. I expressly agree that this agreement shall be binding on my agents, employees, representatives, attorneys, insurers, affiliates/subsidiaries, and their predecessors, successors, heirs, executors, administrators, and as- signs, and all persons and entities acting by, through, under or in concert with any of them, or any of them.

15. I further herby covenant that I have read and understand this entire RELEASE OF LIABILITY AND INDEMNITY AGREEMENT, and that I have the ability to withdraw from this class and my tuition will be applied to a future class, for the purpose of seeking legal counsel to review and advise me on the terms of this RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. Should I fail to seek legal counsel, I expressly represent and war- rant that I fully understand and voluntarily enter into the terms of this RELEASE OF LIABILITY AND INDEMNITY AGREEMENT and that I understand the legal ramifications of this RELEASE OF LIABILITY AND INDEMNITY AGREEMENT.