AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY
Please read this contract carefully. It releases Pulp and Deckle, LLC from liability and waives certain rights.
In consideration of being permitted to participate in in classes and workshops with Pulp and Deckle, LLC (“P+D”), I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):
1. Acknowledgement of Dangers and Risks
I understand, acknowledge, and agree that participating in in classes and workshops with Pulp and Deckle, LLC (hereinafter the “Class”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Class involves certain inherent dangers and risks that cannot be eliminated or controlled by P+D, the presence of which are integral to the nature of the Class. I understand and agree that the following list of inherent dangers and risks that could cause physical
or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Class not listed below: cuts,
punctures, jabs, and all manner of injuries caused by tools and equipment; slipping, tripping or falling; allergen exposure;
exposure to dangerous wildlife or insects, including bee or wasp stings, tick bites, and snake bites; falling trees; storms; moving objects associated with extreme weather; wind; hail; lightning; temperature fluctuations; extreme or partial darkness; wildfire; water-borne or airborne bacteria or virus; exposure to potentially poisonous plants; misidentification of edible plants by instructor or Participant; landslides; rock-fall;
mudslides; earthquakes; tsunamis; the discharge of weapons in the area of Class; mentally or physically unstable or criminal
participants; negligence by participants; all manner of outdoor injuries including brain injury, spinal injury, broken bones, burns, internal
injury, sickness or disease, exposure to pathogens, virus, or disease, including but not limited to contraction of Covid-19; hypothermia,
heatstroke, sunburn, dehydration, and hyponatremia; errors in instructor judgment or lapse in instructor skill; inadequate or incorrect
medical care; getting lost; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles, boats, or aircraft; failure
or lack of communication equipment; inadequate or malfunctioning equipment; and mental, physical, or emotional injury or distress
from exposure to any of the above. I understand that P+D has done its best to list the known risks of participating in the
Class, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Class.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Class despite the dangers and risks of doing
so, and freely choose to accept the risks of participating in the Class. I recognize that property loss, physical or emotional injury, and
death are all possible while participating in the Class. I expressly acknowledge and assume all inherent risks, dangers, and
consequences of the Class, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that
may result in physical or emotional injury, property damage, or death.
3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the
Class. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all
instructions at all times while engaging in the Class. Further, I represent that I have had the opportunity to both independently research
and discuss with P+D the risks of participating in the Class and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Class. I understand that I am responsible for notifying P+D of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by P+D, including in any website or promotional materials, to induce me to go participate in the Class.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for P+D's agreement to allow the Participant to participate in the Class, I HEREBY AGREE NOT TO SUE Pulp and Deckle, LLC – its affiliated companies and subsidiaries, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, contractors, volunteers, representatives, assignees, members, managers, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Class. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Class,
INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence or intentional conduct).
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Class. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against released parties, undersigned will be required to pay back to the released parties all sums of money incurred by, or paid by or on behalf of any of the released parties on account of the bringing of such suit or claim, including all attorneys fees and costs.
6. Medical Authorization: I hereby: 1) authorize the Released Party to undertake any emergency medical care for me; 2) authorize the Released Party and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold the Released Party harmless from any claims associated with such medical care and/or related transportation.
7. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.
8. Agreement to Application of Oregon Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Class shall be governed by Oregon law.
9. Miscellaneous Provisions: I agree that Pulp and Deckle LLC may utilize my photograph, or video of me participating in the Class for any purpose, and that any such image is the property of Pulp and Deckle, LLC. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD MAY OTHERWISE HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.
__________________________________ Signature __________________________________ Printed Full Name __________________________________ Date
If signing on behalf of a minor, printed full name of minor Participant: _________________________________________
Please read this contract carefully. It releases Pulp and Deckle, LLC from liability and waives certain rights.
In consideration of being permitted to participate in in classes and workshops with Pulp and Deckle, LLC (“P+D”), I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):
1. Acknowledgement of Dangers and Risks
I understand, acknowledge, and agree that participating in in classes and workshops with Pulp and Deckle, LLC (hereinafter the “Class”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Class involves certain inherent dangers and risks that cannot be eliminated or controlled by P+D, the presence of which are integral to the nature of the Class. I understand and agree that the following list of inherent dangers and risks that could cause physical
or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Class not listed below: cuts,
punctures, jabs, and all manner of injuries caused by tools and equipment; slipping, tripping or falling; allergen exposure;
exposure to dangerous wildlife or insects, including bee or wasp stings, tick bites, and snake bites; falling trees; storms; moving objects associated with extreme weather; wind; hail; lightning; temperature fluctuations; extreme or partial darkness; wildfire; water-borne or airborne bacteria or virus; exposure to potentially poisonous plants; misidentification of edible plants by instructor or Participant; landslides; rock-fall;
mudslides; earthquakes; tsunamis; the discharge of weapons in the area of Class; mentally or physically unstable or criminal
participants; negligence by participants; all manner of outdoor injuries including brain injury, spinal injury, broken bones, burns, internal
injury, sickness or disease, exposure to pathogens, virus, or disease, including but not limited to contraction of Covid-19; hypothermia,
heatstroke, sunburn, dehydration, and hyponatremia; errors in instructor judgment or lapse in instructor skill; inadequate or incorrect
medical care; getting lost; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles, boats, or aircraft; failure
or lack of communication equipment; inadequate or malfunctioning equipment; and mental, physical, or emotional injury or distress
from exposure to any of the above. I understand that P+D has done its best to list the known risks of participating in the
Class, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Class.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Class despite the dangers and risks of doing
so, and freely choose to accept the risks of participating in the Class. I recognize that property loss, physical or emotional injury, and
death are all possible while participating in the Class. I expressly acknowledge and assume all inherent risks, dangers, and
consequences of the Class, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that
may result in physical or emotional injury, property damage, or death.
3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the
Class. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all
instructions at all times while engaging in the Class. Further, I represent that I have had the opportunity to both independently research
and discuss with P+D the risks of participating in the Class and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Class. I understand that I am responsible for notifying P+D of any risk to me or other participants associated with my own mental or physical conditions, including allergies that could result in anaphylaxis. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I am not relying on any prior oral, written, or visual representations made by P+D, including in any website or promotional materials, to induce me to go participate in the Class.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for P+D's agreement to allow the Participant to participate in the Class, I HEREBY AGREE NOT TO SUE Pulp and Deckle, LLC – its affiliated companies and subsidiaries, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, contractors, volunteers, representatives, assignees, members, managers, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Class. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Class,
INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence or intentional conduct).
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Class. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against released parties, undersigned will be required to pay back to the released parties all sums of money incurred by, or paid by or on behalf of any of the released parties on account of the bringing of such suit or claim, including all attorneys fees and costs.
6. Medical Authorization: I hereby: 1) authorize the Released Party to undertake any emergency medical care for me; 2) authorize the Released Party and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold the Released Party harmless from any claims associated with such medical care and/or related transportation.
7. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.
8. Agreement to Application of Oregon Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Class shall be governed by Oregon law.
9. Miscellaneous Provisions: I agree that Pulp and Deckle LLC may utilize my photograph, or video of me participating in the Class for any purpose, and that any such image is the property of Pulp and Deckle, LLC. If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD MAY OTHERWISE HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.
__________________________________ Signature __________________________________ Printed Full Name __________________________________ Date
If signing on behalf of a minor, printed full name of minor Participant: _________________________________________