Gizmo-CdA, Inc and North Idaho College
ACKNOWLEDGEMENT OF RISK, WAIVER & INDEMNITY
This form must be read and completed by participant before participation.
I have been offered an opportunity to participate in a program operated by Gizmo-CdA, Inc. on the North Idaho College campus (the “Program”). I understand that in this form, “Gizmo-CdA” includes Gizmo-CdA, Inc, North Idaho College, their employees, officers, directors, partners, representatives, agents, servants, subsidiaries, shareholders, parents or affiliate corporations, successors, assigns, and any volunteers. I acknowledge that I have read a description of the Program and understand all of the inherent and potential risks of the intended activities related to the Program.
I also understand that Participant’s participation in the Program involves Participant’s use of facilities and equipment at the Program and participation in the activities offered at the Program.
The activities at the Program may include, but are not necessarily limited to:
∞ Low-energy activities such as: coding, robotics and electronics, computer skills, design and engineering.
∞ High energy activities such as: open recreation periods at local parks.
∞ Working with tools and equipment that require exposure to risk of injury when not used in a safe and reasonable way.
Participation in the Program including each of the activities involves a risk of injury or death and/or damage to or loss of property. Participants must assume these risks. All of the risks cannot be listed on this Form, but may include the possible conduct of other participants, whether it is negligent or intentional.
ACKNOWLEDGEMENT & ASSUMPTION OF RISK
I accept any and all risks, including the risk of injury or death and/or damage to or loss of property associated by participation in the Program. I hereby provide my full, voluntary and informed consent to the Participant’s participation in the Program.
WAIVER, AGREEMENT NOT TO SUE AND INDEMNITY:
In exchange for Gizmo-CdA, Inc and North Idaho College allowing Participant’s participation in the Program, I agree to the following:
a. To waive any and all liability, of any kind, of Gizmo-CdA, Inc. and North Idaho College, including for North Idaho College and/or Gizmo-CdA, Inc’ negligence or vicarious liability, if any, resulting from Participant’s participation in the Program;
b. That I will not commence or participate in any type of claim or lawsuit against
Gizmo-CdA, Inc and/or North Idaho College in any way related to Participant’s participation in the Program; and
c. That will completely defend, indemnify and hold harmless Gizmo-CdA, Inc. and/or North Idaho College for any claims or lawsuits against Gizmo-CdA, Inc and/or North Idaho College by any person or corporation in any way associated with Participant’s participation in the Program, including any claims or lawsuits commenced in a personal capacity or by any legal person as a representative of me/us or the Participant.
I understand that Gizmo-CdA, Inc. and/or North Idaho College will be facilitating Activities of the Program. I understand that despite all reasonable precautions being in place to provide proper organization, supervision and equipment for all Activities, circumstances may arise which are not foreseeable or which are beyond GIzmo-CdA, Inc. and/or North Idaho College control. I understand and acknowledge that GIzmo-CdA, Inc. and/or North Idaho College is not responsible for any damages caused by the delay or failure to perform or complete any activities or to provide any aspect of the Program when such delay or failure is due to fires, strikes, floods, acts of God, lawful acts of public authorities, or delays or defaults caused by common carriers, which cannot reasonably be foreseen or provided against.
RULES AND REGULATIONS
I acknowledge that Gizmo-Cda, Inc. and/or North Idaho College has a policy of “I’ll come. I’ll make something. I’ll help others and stay safe.” I acknowledge that any behavioral misconduct will result in immediate removal from the Program with no money refunded.
I agree that any violation of the rules of Gizmo-CdA, Inc. and North Idaho College by the Participant, or any behavior or health status that puts the Participant or others at physical or emotional risk may result in the dismissal of the Participant from the Program at the sole discretion of Gizmo-CdA, Inc. and North Idaho College.
I consent to photos and videos of the Participant being captured and displayed at the Program by Gizmo-CdA, Inc. and North Idaho College for the purpose of informing parents of the day’s activities and their child's progress. These photos/videos may also be used for promotional purposes for the benefit of Gizmo-CdA, Inc. and North Idaho College without compensation.
I acknowledge that the Program may be cancelled if too few people register. I will have the option of the registration being turned into a Gizmo-CdA, Inc credit, or receiving a refund in full.
I acknowledge that Gizmo-CdA, Inc offers full refunds for programs canceled more than 15 days in advance of the start date. After that point refunds are contingent upon Gizmo-CdA, Inc, Inc being able to fill the seat. I acknowledge that no refunds whatsoever are offered for same-day cancellations.
I acknowledge that Gizmo-CdA, Inc. and North Idaho College will close to the public for weather emergencies. In the case of weather emergency, Gizmo-CdA, Inc. and North Idaho College staff and volunteers may still access the building, but staff will not be on duty, and classes will be cancelled. Closings will be posted online, and I will be emailed if our class is affected. Gizmo-CdA, Inc will attempt to reschedule any classes cancelled due to emergency, but if Gizmo-CdA, Inc is unable to reschedule or Participant is unable to make the newly scheduled class, Participant will have the option of your registration being turned into a Gizmo-CdA, Inc credit, or receiving a refund in full.
I agree to this Cancellation Policy.
We agree that any dispute relating to the Participant’s participation in the Program shall be litigated, if at all, in the state of Idaho.
I waive any and all rights to participating in a class action lawsuit against Gizmo-CdA, Inc. and/or North Idaho College.