SUMMIT VIEW SURVIVAL LLC

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

​

IMPORTANT LEGAL NOTICE

​

THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY BEFORE SIGNING.

​

BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE ASSUMING CERTAIN RISKS, RELEASING CERTAIN LEGAL CLAIMS, INCLUDING CLAIMS ARISING FROM ORDINARY NEGLIGENCE, AND ACCEPTING CERTAIN FINANCIAL RESPONSIBILITIES FOR YOUR ACTIONS DURING AND AFTER TRAINING.

​

This Release of Liability, Assumption of Risk, and Indemnification Agreement (the "Agreement") is entered into by the undersigned participant (the "Participant") in favor of Summit View Survival LLC, a Washington limited liability company, and its owners, members, managers, officers, employees, instructors, agents, volunteers, contractors, representatives, successors, and assigns (collectively, the "Releasees").

​

This Agreement applies to the course, class, seminar, workshop, exercise, or other training activity identified in the Participant's registration (the "Event") and conducted or organized by Summit View Survival LLC.

For the purposes of provisions addressing the subsequent application of training, this Agreement also applies to the Participant's independent use of skills and knowledge acquired during the Event after the Event has concluded, as expressly provided below.

​

1. ACKNOWLEDGMENT OF RISKS

​

The Participant understands that participation in the Event may involve inherent and other risks that can result in property damage, illness, serious bodily injury, permanent disability, or death.

Depending on the Event, these risks may include, but are not limited to:

• Physical exertion, fatigue, dehydration, and overexertion.

• Slips, trips, falls, and injuries associated with uneven or unstable terrain.

• Exposure to extreme temperatures, adverse weather, and other environmental hazards.

• Burns, cuts, punctures, and other injuries associated with training equipment and tools.

• Injuries associated with wilderness travel, survival exercises, outdoor activities, and emergency medical training.

• Contact with hazardous plants, wildlife, insects, or other natural hazards.

• Improper use, malfunction, or failure of equipment.

• Actions or omissions of other participants, instructors, or third parties.

• Delays in receiving emergency medical assistance, particularly during remote or wilderness training.

• Other reasonably foreseeable and unforeseen hazards associated with training activities.

The Participant acknowledges that this list is not exhaustive and that unforeseen risks may arise.

The Participant understands that Summit View Survival LLC will take reasonable precautions to promote safety but cannot eliminate every risk associated with training activities.

​

2. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK

​

The Participant acknowledges that participation in the Event is voluntary.

The Participant knowingly and voluntarily assumes the inherent and other risks associated with participation, including the possibility of serious injury, permanent disability, or death.

The Participant agrees to follow all reasonable safety instructions and guidelines provided by Summit View Survival LLC and its instructors.

The Participant understands that failure to follow safety instructions may result in removal from the Event without a refund, subject to applicable law and the company's stated refund policies.

The Participant acknowledges that they may decline to participate in an activity that they believe exceeds their physical capabilities or presents an unreasonable risk to their personal safety.

​

3. RELEASE AND WAIVER OF LIABILITY

​

THE PARTICIPANT EXPRESSLY RELEASES, WAIVES, AND DISCHARGES SUMMIT VIEW SURVIVAL LLC AND THE OTHER RELEASEES FROM CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASEES IN CONNECTION WITH THE EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

​

The Participant agrees not to bring a claim against the Releasees for personal injury, illness, death, property damage, or other loss arising from participation in the Event to the extent such claims may lawfully be released.

This release includes claims based on the ordinary negligence of the Releasees, including negligent acts or omissions associated with:

• Instruction and supervision.

• Equipment selection, inspection, maintenance, and use.

• Training facilities, premises, and outdoor training locations.

• The organization, preparation, and conduct of the Event.

• Emergency response and assistance provided during the Event.

The Participant acknowledges that this section is intended to limit the legal liability of Summit View Survival LLC and the other Releasees and that the Participant is voluntarily agreeing to these terms.

​

THIS AGREEMENT DOES NOT PURPORT TO RELEASE CLAIMS FOR GROSS NEGLIGENCE, RECKLESS OR INTENTIONAL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE WAIVED.

​

4. POST-TRAINING APPLICATION OF SKILLS AND THIRD-PARTY LIABILITY

​

4.1 Independent Application of Training

​

The Participant acknowledges that Summit View Survival LLC provides education and practical training in first aid, CPR, emergency medical response, wilderness medicine, survival, preparedness, and related disciplines.

The Participant understands that skills and knowledge acquired during training may subsequently be applied in circumstances beyond the supervision, direction, or control of Summit View Survival LLC.

The Participant accepts responsibility for their independent decisions, actions, and omissions when applying knowledge or skills acquired during training, whether during or after the Event.

​

4.2 Acknowledgment of Potential Harm

​

The Participant understands that applying learned skills may result in injury, illness, permanent disability, property damage, or death to another person, regardless of whether those skills are applied correctly or incorrectly.

The Participant acknowledges that successful completion of training or receipt of a certification does not guarantee competence in every situation or a successful outcome.

The Participant further understands that training does not authorize them to perform procedures beyond their applicable certification, professional qualifications, scope of practice, or legal authority.

​

4.3 Release of Liability for Subsequent Application of Skills

​

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTICIPANT RELEASES AND DISCHARGES SUMMIT VIEW SURVIVAL LLC AND THE OTHER RELEASEES FROM CLAIMS THE PARTICIPANT MAY HAVE ARISING FROM THEIR INDEPENDENT APPLICATION OR MISAPPLICATION OF SKILLS OR KNOWLEDGE ACQUIRED DURING TRAINING.

​

This release is intended to apply regardless of whether the Participant performs a learned skill correctly, incorrectly, incompletely, or under circumstances for which the Participant has not received specific training.

The release applies to claims arising from the Participant's own subsequent actions or omissions, including incidents involving injury, illness, permanent disability, or death to another person.

Nothing in this section releases liability that cannot lawfully be waived, including liability for gross negligence, reckless or intentional misconduct, or any other nonwaivable liability.

​

4.4 Third-Party Claims and Indemnification

​

To the fullest extent permitted by applicable law, the Participant agrees to indemnify and hold harmless Summit View Survival LLC and the other Releasees against third-party claims, demands, damages, judgments, settlements, and reasonable legal expenses arising from the Participant's negligent, reckless, intentional, or otherwise wrongful independent application or misapplication of skills or knowledge acquired during training.

This obligation includes claims involving bodily injury, illness, permanent disability, property damage, or death, whether arising from the Participant's correct or incorrect execution of a learned technique.

This provision does not require the Participant to indemnify any Releasee for that Releasee's own negligence, defective instruction, failure to satisfy an applicable legal duty, or other wrongful conduct.

​

4.5 No Continuing Supervision or Guarantee of Outcomes

​

The Participant acknowledges that completion of training does not establish an ongoing supervisory, employment, agency, or professional relationship between the Participant and Summit View Survival LLC.

Unless expressly agreed to in writing, Summit View Survival LLC does not supervise or direct the Participant's subsequent independent application of learned skills.

Summit View Survival LLC does not guarantee that the application of any technique or procedure will prevent injury, preserve life, or produce a particular outcome.

​

4.6 Preservation of Third-Party Rights

​

The Participant understands that this Agreement does not bind individuals who have not signed it, waive their independent legal rights, or prevent an injured person or their surviving family members from bringing claims against Summit View Survival LLC where permitted by law.

​

5. INDEMNIFICATION FOR ACTIONS DURING TRAINING

​

To the extent permitted by applicable law, the Participant agrees to indemnify and hold harmless the Releasees against third-party claims, damages, liabilities, and reasonable legal expenses arising from the Participant's negligent, reckless, or intentional actions or omissions during the Event.

This provision does not require the Participant to indemnify a Releasee for that Releasee's own negligence or other wrongful conduct.

​

6. MEDICAL CONDITIONS AND PHYSICAL CAPABILITY

​

The Participant acknowledges that certain training activities may require physical exertion and exposure to environmental conditions.

The Participant agrees to disclose to Summit View Survival LLC any medical condition, injury, allergy, or physical limitation that may reasonably affect their ability to participate safely or require reasonable accommodation during the Event.

The Participant is responsible for evaluating their own physical capabilities and seeking medical advice when appropriate before participating.

The Participant understands that Summit View Survival LLC may modify or restrict participation in specific activities when reasonably necessary for safety and consistent with applicable law.

The Participant is encouraged to maintain appropriate health and accident insurance coverage.

​

7. EMERGENCY MEDICAL ASSISTANCE

​

In the event of an illness or injury during the Event, the Participant authorizes Summit View Survival LLC and its representatives to contact emergency medical services and provide reasonable assistance.

If the Participant becomes unable to communicate, the Participant authorizes reasonable efforts to obtain emergency medical assistance on their behalf.

The Participant understands that Summit View Survival LLC cannot guarantee the availability, response time, or outcome of emergency medical services.

The Participant remains responsible for medical expenses arising from their participation, except where applicable law provides otherwise.

​

8. EQUIPMENT AND PERSONAL PROPERTY

​

The Participant agrees to use training equipment appropriately and in accordance with instructor guidance.

The Participant is responsible for their personal belongings and for reporting any damaged or defective equipment to an instructor before use.

The Participant acknowledges that Summit View Survival LLC is not responsible for loss of or damage to personal property except to the extent liability cannot lawfully be excluded.

​

9. PHOTOGRAPHY AND MEDIA

​

Summit View Survival LLC may photograph or record training activities for educational, documentation, or promotional purposes.

The Participant's permission to use their identifiable image, voice, or likeness for promotional purposes will be obtained separately.

Declining promotional photography or video consent will not prevent the Participant from attending the Event.

​

10. COMPLIANCE WITH INSTRUCTIONS

​

The Participant agrees to comply with reasonable instructions, safety procedures, and applicable laws during the Event.

Summit View Survival LLC reserves the right to remove a Participant from an activity when the Participant's conduct presents a material safety risk to themselves or others.

​

11. GOVERNING LAW

​

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington, without regard to its conflict-of-law principles.

​

12. SEVERABILITY

​

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in effect to the extent permitted by applicable law.

​

13. ENTIRE AGREEMENT

​

This Agreement constitutes the entire agreement between the Participant and Summit View Survival LLC concerning the release of liability, assumption of risk, and indemnification associated with the Event and the subsequent independent use of training as expressly addressed in Section 4.

It does not supersede separate written agreements concerning course registration, payments, cancellations, or refunds.

Any amendment to this Agreement must be made in writing and agreed to by the parties.

​

14. ELECTRONIC SIGNATURE AND ACKNOWLEDGMENT

​​

The Participant agrees that this Agreement may be executed electronically.

By electronically signing this Agreement, the Participant acknowledges that:

• They are at least 18 years of age or are the legal guardian of the Participant. 

• They have read and understand the entire Agreement.

• They understand the inherent and other risks associated with participation.

• They understand that they are releasing certain legal claims, including claims arising from the ordinary negligence of the Releasees.

• They understand the provisions concerning their independent application of learned skills and the potential financial responsibilities associated with third-party claims.

• They have had an opportunity to review the Agreement and ask questions before signing.

• They are voluntarily entering into this Agreement.

• They consent to the use of electronic records and signatures for this Agreement.

​

THE PARTICIPANT ACKNOWLEDGES THAT THEY ARE WAIVING CERTAIN LEGAL RIGHTS AND ACCEPTING CERTAIN CONTRACTUAL RESPONSIBILITIES BY SIGNING THIS AGREEMENT.