Waiver of Liability
Waiver of Liability
For and in consideration of good and valuable consideration, including, but not limited to, CPR and First Aid instruction and certification, the receipt and sufficiency of which is acknowledged hereby, I hereby waive my rights to all claims for injuries that I may sustain arising out of the CPR instruction or any subsequent activities arising therefrom. I further agree to hold harmless Pittsburgh Heart, LLC. for all injuries, be them physical, fiscal or otherwise, that I may inflict upon others as a result of the CPR instruction.
I recognize and acknowledge that there are certain risks of physical injury involved in attending a CPR instruction course, and I agree to assume the full risk of injuries, including death, damages or losses which I may sustain as a result of attending a course of CPR instruction with Pittsburgh Heart, LLC. I agree to waive and relinquish any and all claims I may have arising out of, or connected with, said course, whether they relate to injuries to myself or others.
I do hereby fully release and discharge Pittsburgh Heart, LLC and its employees from any and all claims from injuries, including death damage or loss which I may have as a result of this course.
I have read and fully understand and agree to the above stated conditions of participation in this Program.
By indicating your acceptance, you understand, agree, warrant and covenant as follows:
1. REGISTRATION AGREEMENT AND LIABILITY WAIVER (the “Agreement and Waiver”)
Authority to Register and/or to Act as Agent. You represent and warrant to Pittsburgh Heart, LLC that you have full legal authority to complete this event registration on behalf of yourself and/or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, Pittsburgh Heart, LLC refers to Pittsburgh Heart, LLC and any and all subsidiaries, affiliated entities, or entities that control or are controlled by Pittsburgh Heart, LLC singly or together and its officers, employees, contractors, subcontractors and agents.
If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child’s information which you provide for the purposes of registration.
YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITIES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE PITTSBURGH HEART, LLC FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.
3. Limitation of Liability; Disclaimer of Warranties.
PITTSBURGH HEART, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE FRAGILE HEART CPR, LL OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH FRAGILE HEART CPR, LL OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF FRAGILE HEART CPR, LL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF FRAGILE HEART CPR, LL IS AT YOUR SOLE RISK. FRAGILE HEART CPR, LL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRAGILE HEART CPR, LL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Pittsburgh Heart, LLC makes no warranty that Pittsburgh Heart, LLC sites’ services will be uninterrupted, secure or error free. Pittsburgh Heart, LLC does not guarantee the accuracy or completeness of any information in, or provided in connection with, the Pittsburgh Heart, LLC site. Pittsburgh Heart, LLC is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Pittsburgh Heart, LLC sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
You agree to indemnify and hold each of Pittsburgh Heart, LLC harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use of Pittsburgh Heart, LLC’s service
You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of Pennsylvania and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.
BY ATTENDING ONE OF OUR CLASSES YOU ARE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.