Please read this contract carefully. It releases Desert Mountain Medicine, LLC from liability and waives certain rights.
In consideration for being permitted to participate in wilderness medical instruction and training with Desert Mountain Medicine, LLC (“DMM”), I, the undersigned 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 wilderness medical training (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participation in the Activity involves certain inherent dangers and risks. I agree that the following dangers or risks of injury or death are inherent to the Activity, but that the following list is not exhaustive, and that there may be risks that are inherent to the Activity not listed below:
a. Exposure to uneven or slippery surfaces, obstacles, or heights that results in tripping, slipping, falling, or other physical impact;
b. Exposure to difficult or dangerous physical maneuvers;
c. Exposure to adverse outdoor conditions, including but not limited to: all types of weather, lightning, blizzards, extreme temperatures; dangerous insects or animals, avalanches, snow immersion, rock fall, driving conditions, waves, currents, dangerous water features, high altitude, falling timber, or other dangerous outdoor conditions;
d. Exposure to malfunctioning or broken equipment;
e. Exposure to other participants or the public who may be physically or mentally unstable or otherwise dangerous; exposure to airborne pathogens and viruses, including but not limited to contraction of COVID-19;
f. Exposure to vehicles or other mechanical or conveyance equipment;
g. Delayed medical care or rescue, impossibility of rescue, failed rescue or medical care, or poorly executed rescue or medical care;
h. Exposure to unsanitary or dangerous camp conditions;
i. Exposure to your own health risks, both mental and physical;
j. Mistaken or poor judgment by DMM instructors or personnel related to the above, including NEGLIGENT judgment or decision making
2. Assumption of Risk: I acknowledge and agree that Participant is choosing to take part in the Activity despite the many potential dangers and inherent risks of doing so, and freely chooses to accept the inherent and non-inherent risks of doing so despite the many potential dangers. By signing this Agreement, I recognize that injury, property loss, serious injury, and death are all possible while participating in the Activity. I acknowledge that DMM has made no representations that Participant’s safety in guaranteed, or any representations that are inconsistent with this Agreement. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, whether inherent or not, that may result in physical injury, property damage, or death.
3. Participant’s Responsibilities and Representations: I represent that the Participant is physically and mentally capable of participating in the Activity. The Participant assumes the responsibility for their own safety, including being aware of and mitigating risk, and following instructions at all times while engaging in the Activity. Participant is responsible for reading, listening to, understanding, and complying with all instructions given by DMM and its affiliates. Participant agrees and understands that he or she must have the physical dexterity and mental ability to safely participate in the Activity. Further, I represent that Participant has had the opportunity to discuss with DMM both the risks of participating in the Activity and Participant’s assumption of those risks, as well as the expectations of Participant while engaging in the Activity.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for DMM’s agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE DMM, its affiliated companies and subsidiaries, the organizers or promoters of the Activity, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) for any injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. 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 Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE, breach of any contract and/or express or implied warranty, or claim based on the Colorado Consumer Protection Act. I further release and waive any right to sue a Released Party based upon a claim by a third-party against Participant arising out of Participant’s rendering, or failure to render, medical care to a third party.
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 Activity. 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 ALL SUCH 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, Release, and Indemnification: I authorize DMM to undertake any emergency medical care for Participant; 2) authorize any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following Participant’s transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for Participant; 4) agree to pay all costs associated with the medical care and related transportation provided for the Participant; and 5) shall indemnify and hold harmless (as set forth in paragraph 5, above) the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation.
7. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and sign this document out of a desire to have the Participant be allowed to participate in the activity. I represent that I am a legal parent or guardian of the minor Participant.
8. Representation of Capacity 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. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. 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 Participant.
10. Agreement to Application of Colorado Law and Selection of Forum: In consideration of DMM allowing Participant to participate in the Activity, I agree that any and all claims for injury and/or death arising from the Participant’s participation in the Activity shall be governed by Colorado law, and that the exclusive jurisdiction for any claim shall be in the District Court of Lake County, Colorado, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s choice of laws analysis.
11. Photographic and Video Image Release: I agree that DMM may utilize my photograph, or video of me participating in the Activity for any purpose, including but not limited to printed and electronic marketing material, and printed or electronic educational material, and that any such image is the sole property of DMM.
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 CHILD OTHERWISE MAY HAVE.
The wilderness medical information and techniques taught to me by DMM instructors is derived from a variety of sources, including DMM’s experience and the collective industry experience in wilderness medicine, as well as advances in the ever-evolving field of medicine. Some of the information and techniques conveyed in the Course may be considered controversial or incorrect by other medical professionals. In the event of a conflict between DMM’s advice and that of a licensed medical professional consulted by the Student, the advice of the licensed medical professional should be followed.
Any wilderness medical course, including this one, limits a student who successfully completes the course to a specific scope of practice. Student should be fully familiar with the limitation on their scope of practice, and adhere to the same at all times if they gain a DMM certification.
Student’s certification from DMM does not constitute a license of any sort under any state’s law.
Student shall notify DMM of any physical limitations prior to starting the Course. It is Student’s sole responsibility to ensure their own safety while participating in course scenarios and classroom work. If Student is uncomfortable with any activity that is occurring, they should immediately notify the Course instructor, and/or ask to be excused. The choice to participate is Student’s, and Student’s alone.
Students are expected to be on-time, prepared, appropriately dressed in layers, with backup outdoor clothing immediately on hand. Clothing may be damaged during scenarios. Students are expected to silence their mobile devices and refrain from checking them during active Course hours. Students must refrain from discriminatory, harassing, explicit, or disruptive language or actions during the Course. Such prohibited actions are grounds for immediate dismissal from the Course, without a refund.
DMM reserves the absolute right to fail any student who does not, in the instructor(s) sole opinion, demonstrate a standard understanding of the material, and a standard mastery of the techniques and skills necessary to be certified by DMM for the Course the student is taking. No refund will be given by DMM in such a case.
7. Students who gain a certification from DMM will have access to their certification “cards” only from DMM’s website – physical copies will not be provided by DMM.
I have reviewed, understand, and agree to all of the above.
Registration and Cancellation Policy
Payment in full is required upon registration to reserve your spot in a course. Special circumstances may apply when paying with a scholarship or other government funding. Please contact us for more information on how to proceed.
An administration fee of $25 will be charged with any cancellation. Cancellations must be made via email to [email protected] or via phone at 406-579-7070.A refund will be issued if we are notified a minimum of 1 month before the start date of the in-person, classroom/field portion of the class. Cancellations less than 30 days from the start date of the classroom portion of the class do not qualify for a refund and thus 100% of the registration fee will be charged.All course participants who do not qualify for a refund can transfer their registration to another Desert Mountain Medicine course within 1 year from the start date of their original course by contacting the office at 406-579-7070.
Acknowledgment and Assumption of Risks & Release and Indemnity Agreement Adult Participants (those 18 yrs. of age and older)
Please read this entire Document (hereafter 'Document') carefully before signing. All adult participants must sign this Document. In consideration of the services of Desert Mountain Medicine, Inc., and its owners, officers, directors, employees, representatives, agents, volunteers, independent contractors, and all other persons or entities associated with it (collectively referred to in this Document as 'DMM'), I acknowledge and agree as follows: Desert Mountain Medicine contracts with individuals or organizations that are independent contractors (not their employees or agents) to provide some of the services, and to conduct some of the activities participants may engage in. Although Desert Mountain Medicine has made efforts to locate responsible contractors, it does not supervise or control these contractors and is not responsible for their conduct. I acknowledge that I may independently investigate and assess these other individuals or organizations, if I desire.
ACKNOWLEDGMENT & ASSUMPTION OF RISKS
DMM instructional, educational and/or adventure activities taking place in the United States or other countries (which may be scheduled or unscheduled, supervised or unsupervised. conducted by DMM staff or contractors and/or occur during free time) include but may not be limited to: wilderness medical training, including but not limited to courses in wilderness emergency medical technician, wilderness first responder, wilderness first aid, wilderness swiftwater technician, avalanche rescue and evacuation training, and other activities such as hiking, backpacking, camping, backcountry skiing, rafting, kayaking, mountaineering, rock and ice climbing, or travel to and from activities (collectively referred to in this Document as 'activities'). These activities include inherent and other risks, hazards and dangers (collectively referred to in this Document as ‘risks’) that can cause or lead to injury, damage, death or other loss to me or others. The following includes some, but not all of those risks: Risks involved in physical activity. DMM activities include a variety of both indoor and outdoor physical activities. These activities include running, sustained climbing or hiking, and repetitive lifting or carrying of objects of people. Risks present in an outdoor or wilderness environment. These risks include travel in high altitude, mountainous or wilderness terrain, both on and off trail. Travel can be subject to storms, strong winds, avalanches, currents, waves, whitewater, lightning, rapidly moving rivers or other water bodies, difficult stream crossings, snow or ice, extremely hot, humid or cold weather or water, steep terrain, falling rock, falling or fallen timber, stinging or disease carrying animals or insects, poisonous plants, wild animals and other natural or man-made hazards and dangers. Hazards may not be marked or visible and weather is unpredictable year-round. Risks in decision making, including, without limitation, the risk that a DMM staff member, volunteer, representative, co-participant or contractor may misjudge a participant’s capabilities, health or fitness level, or misjudge some aspect of instruction, medical treatment, weather, terrain, water level, or route location. Personal health and participation risks. The risk that participant’s mental, physical or emotional condition (disclosed or undisclosed, known or unknown) combined with participation in these activities could result in injury, damage, death or other loss. Although DMM personnel may review participant's submitted medical information, DMM cannot anticipate or eliminate risks or complications posed by participant’s mental, physical or emotional condition. The risk that equipment used in an activity may be misused, or may break, fail or malfunction. Risks associated with geographic location. DMM activities may take place in remote places, several hours or days from any medical facility, causing potential delays or difficulties with communication, transportation, evacuation and medical care. Risks connected with cooking and camping chores. Risks include gas explosion, scalding or other burns associated with cooking over a gas stove or open fire, and water contamination in natural water sources. All water may be contaminated and should be disinfected, filtered or boiled before use. Risks associated with DMM or other parties’ premises, including boulders, ruts, slippery walkways, ponds or other water sources, uneven ground or other conditions. Risks associated with transportation. Travel can be on foot or by vehicle, boat or other means and can be over rough and unpredictable terrain or via oceans or rivers, with wind, rain, or other adverse weather conditions. Risks regarding conduct, including the potential that the participant, or other participants or third parties (e.g. general public, rescue squad, medical facility) may act carelessly or recklessly. Risks associated with free time. Participants will have unsupervised time during, before or after the start of a DMM program. This may include periods of free time, or periods of time alone while engaged in backcountry travel. During both supervised and unsupervised activities, all participants share in the responsibility for their own safety and the safety of the group. Other risks that are generally associated with instructional, educational and/or adventure activities. These and other risks may result in participants falling, being struck, colliding with objects or people, experiencing vehicle or boat collision or capsize, drowning, reacting to high altitude, weather conditions or increased exertion, suffering gastro-intestinal complications or allergic reactions, becoming lost or disoriented, or experiencing other problems. These and other circumstances may cause hyperthermia (heat related illness), hypothermia, high altitude sickness, frostbite, dehydration, heat exhaustion, sunburn or other © Catherine Hansen-Stamp, final draft 11/20/06; attorney/client privilege protected communication Page 2 of 2 Please read both pages carefully and sign on page 2! burns, heart or lung complications, broken bones, concussions, paralysis, mental or emotional trauma, or other injury, damage, death or loss. I agree: • To accurately complete all required forms, abide by the terms of those documents, and obey all DMM rules, regulations and policies; • If I have any mental, physical or emotional conditions or limitations that might affect my ability to participate I agree to disclose those to DMM, and represent that I am fully capable of participating without causing harm to myself or others; • DMM representatives are, and have been available, should I have further questions about these activities and the associated risks, and cannot assure my safety or eliminate any of these risks. I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for the inherent and other risks (both known and unknown) of these activities, and for any injury, damage, death or other loss suffered by me, resulting from those risks and/or resulting from my negligence or other misconduct. RELEASE AND INDEMNITY AGREEMENT Please read carefully. This Release and Indemnity agreement contains a surrender of certain legal rights. Certain federal land agencies (including the National Park Service and some regions of the U.S. Forest Service) restrict service providers from seeking releases of liability for negligence, for injuries or other losses occurring while operating under permit or concession on those federal lands. Therefore, except to the extent a court determines these federal restrictions are enforceable against DMM as a matter of law, I agree as follows: (1) to release and agree not to sue DMM, with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively ‘claim’ or ‘claim/s’) for any injury, damage, death or other loss in any way connected with my enrollment or participation in these activities or use of DMM or other parties’ equipment, facilities or premises. I understand I agree here to waive all claim/s I may have against DMM, and agree that neither I, nor anyone acting on my behalf, will make a claim against DMM, as a result of any injury, damage, death or other loss suffered by me; (2) to defend and indemnify (‘indemnify’ meaning protect by reimbursement or payment) DMM with respect to any and all claim/s brought by or on behalf of me, my spouse or other family member, a co-participant, or any other person for any injury, damage, death or other loss in any way connected with my enrollment or participation in these activities or use of DMM or other parties’ equipment, facilities or premises. This Release and Indemnity Agreement includes claim/s resulting from DMM’s negligence (but not its gross negligence or willful, wanton or criminal misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency or medical response, assessment or treatment), property damage, breach of contract or any other claim. CONCLUSION I agree that Colorado law (without regard to its conflict of laws rules) governs this Document, any dispute I have with DMM and all other aspects of my relationship with DMM, and that any mediation, suit, or other proceeding must be filed or entered into only in Colorado. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Colorado mediator. DMM reserves the right to remove any participant from the program who staff or leaders believe, in their discretion, presents a safety concern or medical risk, is disruptive, or acts in any manner detrimental to the program. If I am dismissed or depart for any reason, I agree I am responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. These costs include, but are not limited to medical evacuation and costs, plane, train or taxi fare, accommodations, and costs and compensation for staff accompanying participant. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is deemed unlawful or unenforceable it shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect. I agree: I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and binding upon me, my minor children, spouse and other family members, and my heirs, executors, representatives and estate.
Wilderness medical protocols can be administered by Wilderness First Responders (WFR) or Wilderness Emergency Medical Technicians (WEMT) when in a remote or wilderness environment (more than 1 hour from definitive care). These protocols are not valid for urban settings where pre-hospital care givers are available to respond. Desert Mountain Medicine provides students with the didactic knowledge and skills training for certain wilderness medical protocols. However, a trained WFR or WEMT cannot legally perform the skills listed below without approval from their physician advisor. Consent from a physician advisor may be off-line protocols or on-line communication.
By signing below, I understand that I must have approval from my personal or organization’s physician advisor to perform the wilderness protocols listed above. I also understand that I must have a current WFR or WEMT certification card.