Liability Waiver, Assumption of Risk & Media Release

Preamble and Recitals

WHEREAS, Butler County CPR, a training organization duly organized and operating within the Commonwealth of Pennsylvania (hereinafter the "Provider"), engages in the delivery of educational programs in cardiopulmonary resuscitation (CPR), First Aid, Stop the Bleed®, and other public-safety instructional curricula; and

WHEREAS, the Provider has developed and continues to offer training events, classes, courses, simulations, and educational activities (collectively the "Training Programs") that may involve physical exertion, interactive practice, and exposure to instructional materials designed to replicate real-world emergency conditions; and

WHEREAS, each individual registering for or attending a Training Program (hereinafter a "Participant") acknowledges that participation is voluntary and undertaken with full knowledge of the risks and conditions therein; and

WHEREAS, the Provider desires to establish a comprehensive agreement defining the rights and obligations of Participants and to limit its liability to the maximum extent permitted by law;

NOW, THEREFORE, in consideration of the mutual covenants herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant and the Provider agree as follows.

Definitions and Interpretation

"Participant" means any individual who registers for, attends, observes, or otherwise takes part in any Training Program provided by the Provider. "Released Parties" means the Provider and its respective owners, officers, directors, employees, instructors, agents, contractors, affiliates, volunteers, representatives, successors, and assigns. "Training Programs" include, without limitation, CPR, First Aid, Stop the Bleed®, and related instructional activities. "Advanced Simulations" has the meaning assigned in Section 8C. "Ordinary Negligence" shall mean the failure to exercise reasonable care that a reasonably prudent person would exercise under similar circumstances, but shall exclude gross negligence and willful misconduct.

1. Acknowledgment of Risk

1.1 The Participant acknowledges that the Training Programs are inherently physical, interactive, and experiential in nature and may include kneeling, bending, lifting, compressing manikins, applying direct pressure, performing simulated rescue techniques, and engaging in other physical activities intended to replicate medical or emergency conditions.

1.2 The Participant understands that participation may expose them to risks including muscle strain or sprain, joint injury, fatigue, bruising, allergic reaction, contact dermatitis, infection or exposure to pathogens, fainting or dizziness, emotional or psychological distress from graphic medical content or realistic simulations, or other bodily or mental harm. The Participant voluntarily assumes all such risks.

1.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PARTICIPANT HEREBY FULLY, FINALLY, AND FOREVER RELEASES, WAIVES, AND DISCHARGES THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OR LIABILITIES ARISING OUT OF OR RELATED TO ORDINARY NEGLIGENCE IN THE DESIGN, PREPARATION, INSTRUCTION, SUPERVISION, CONDUCT, OR ADMINISTRATION OF THE TRAINING PROGRAMS.

1.4 Each Participant is responsible for evaluating their own physical, emotional, and mental capability to safely engage in training. Participants with any injury, illness, disability, or medical restriction are strongly encouraged to consult a licensed healthcare provider prior to participation. The Provider assumes no duty to assess medical fitness.

1.5 The Participant understands that Training Programs may involve equipment, materials, or facilities not owned or maintained by the Provider. The Provider makes no representation regarding the condition, safety, or suitability of such items or premises.

1.6 Participation in any portion of the Training Programs shall constitute conclusive acknowledgment of having read, understood, and voluntarily accepted all terms and risks set forth in this Agreement.

2. Waiver and Release of Liability

2.1 IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN ANY TRAINING PROGRAM, THE PARTICIPANT, FOR THEMSELVES AND THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, HEREBY FULLY, IRREVOCABLY, AND UNCONDITIONALLY RELEASES, WAIVES, DISCHARGES, AND FOREVER HOLDS HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, OR SUITS ARISING OUT OF PARTICIPATION, INCLUDING ANY CLAIM ARISING FROM ORDINARY NEGLIGENCE.

2.2 THIS RELEASE SPECIFICALLY EXTENDS TO: (A) PERSONAL INJURY, ILLNESS, OR PROPERTY DAMAGE; (B) EMOTIONAL DISTRESS FROM REALISTIC EDUCATIONAL CONTENT; (C) REPUTATIONAL OR FINANCIAL LOSS; (D) HARM FROM USE OR MISUSE OF SKILLS LEARNED; (E) CLAIMS OF INADEQUATE SUPERVISION OR CONTENT SELECTION; AND (F) EQUIPMENT OR PREMISES DEFECTS.

2.3 ALL TRAINING PROGRAMS ARE EDUCATIONAL IN NATURE AND DO NOT CONSTITUTE MEDICAL TREATMENT OR ADVICE.

2.4 This release applies to all forms of negligence other than gross negligence or willful misconduct to the extent such waiver is prohibited by law.

2.5 This section shall be interpreted as broadly as permitted by law to provide the fullest possible release of liability.

3. No Guarantee of Performance or Outcome

3.1 All instructional content is delivered solely for educational and informational purposes based upon nationally recognized standards, including the American Heart Association (AHA). The Provider does not warrant that techniques presented represent the only or definitive methods.

3.2 The Provider expressly disclaims any guarantees regarding the Participant's future skill level, performance, or success in any real-world emergency. Certification signifies only that the Participant met the educational requirements as of the date of issuance.

3.3 The Provider bears no responsibility for any act, omission, error, or misjudgment by the Participant in the use or misuse of training content. The Participant assumes sole responsibility for their actions.

3.4 Completion of any Training Program does not guarantee employment, advancement, licensure, credentialing, or professional qualification.

3.5 Techniques and guidelines are subject to revision by the AHA or other governing organizations. The Provider assumes no obligation to update Participants.

4. Instructor Statement

4.1 All Instructors act exclusively in an educational capacity. No Instructor shall be deemed to render medical treatment, clinical diagnosis, or patient care as defined under applicable law.

4.2 All instruction is delivered in good faith and in accordance with nationally recognized standards. Teaching methodologies may vary among Instructors.

4.3 Neither the Provider nor any Instructor guarantees mastery, proficiency, or skill retention beyond the instructional period.

4.4 The Provider and Instructors disclaim liability for acts, omissions, or errors committed in good faith during instruction, including simulation activities and equipment handling.

4.5 No guarantee is made that participation will result in successful performance of lifesaving procedures in real-world circumstances.

4.6 Instructors are independent educators acting under the Provider's direction solely for facilitating instruction and do not act as agents or employees of the Participant.

5. Indemnification

5.1 The Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, damages, losses, and expenses—including reasonable attorneys' fees—arising out of the Participant's participation, use or misuse of skills or certifications, or any breach of this Agreement.

5.2 This indemnity includes claims brought by third parties, governmental entities, employers, or educational institutions.

5.3 The Participant's duty to defend arises immediately upon assertion of any claim and shall be at the Participant's sole cost and expense.

5.4 Indemnity obligations apply irrespective of Ordinary Negligence by any Released Party, except where prohibited by law or caused by gross negligence or willful misconduct.

5.5 THIS DUTY TO DEFEND AND INDEMNIFY SHALL SURVIVE COURSE COMPLETION AND TERMINATION OF THIS AGREEMENT AND SHALL APPLY EVEN IN THE EVENT OF ORDINARY NEGLIGENCE BY ANY RELEASED PARTY, EXCEPT AS PROHIBITED BY LAW.

6. Organizational Responsibility and Premises Liability

6.1 Any Host Organization sponsoring or providing premises for Training Programs is solely responsible for the safety and supervision of its personnel, attendees, and property.

6.2 The Host Organization agrees to defend, indemnify, and hold harmless the Provider from claims arising from its operations, premises conditions, or participants' conduct.

6.3 Where Training Programs are conducted at third-party locations, premises liability is limited to duties recognized under Pennsylvania law. The Provider assumes no duty of care toward non-participants or bystanders.

6.4 The Host Organization is solely responsible for maintaining adequate general liability and premises liability insurance. Upon request, Host Organizations shall provide proof of insurance and name the Provider as a certificate holder.

6.5 Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the Provider and any Host Organization.

6.6 In the event of conflict between Host Organization policies and this Agreement, this Agreement shall govern.

7. Certification and Independent Status

7.1 The Provider operates as an independent educational organization and is not an agent, employee, representative, or partner of the American Heart Association or any other credentialing entity.

7.2 AHA-designated courses conform to AHA curriculum and standards. Certifications are issued through the AHA or its designated Training Center.

7.3 The Provider's authority to deliver AHA curriculum exists solely under the supervision of its affiliated AHA Training Center and may be modified or revoked at any time.

7.4 The AHA is not a party to this Agreement and assumes no responsibility for the Provider's operations.

7.5 The Participant has no direct contractual rights against the AHA under this Agreement.

7.6 The Provider may supplement instructional materials for educational clarity, provided such supplements do not alter core AHA curriculum.

8. Educational Equipment, Materials, and Simulation Scenarios

8A. Training Equipment and Anatomical Models

The Provider utilizes anatomically accurate CPR training manikins and instructional devices, including models depicting both male and female anatomy, to ensure realism and compliance with nationally recognized standards. All equipment is used exclusively for legitimate educational purposes. By participating, each Participant consents to the use of such equipment and affirms that said use is educational, professional, and non-prurient in nature.

8B. Educational Materials and Injury Simulations

Certain Training Programs may incorporate photographs, videos, diagrams, or digital representations depicting realistic injuries, wounds, or human anatomy for instructional purposes. All materials are curated exclusively for approved instructional use. Core course content remains aligned with applicable certifying body standards; supplemental materials may be independently sourced to enhance realism. By enrolling, each Participant consents to the use of all educational materials and visual aids, including content that may contain realistic or graphic medical imagery, and waives any claim arising from exposure to such lawful educational content.

8C. Simulation-Based Training Modules

Note: The activities described in this section are not part of a standard AHA BLS, CPR/AED, or First Aid class. These exercises extend beyond basic certification courses and are intended solely for enhanced, scenario-based learning under controlled conditions.

The Provider may incorporate Advanced Simulations replicating real-world emergency conditions, including moulage techniques, simulated trauma environments, and reconstructed emergency scenarios. Participation is strictly voluntary, occurs under direct instructor supervision, and may be requested by Host Organizations for group training.

No simulation shall include conduct that is sexual, harassing, or inappropriate. Privacy measures including trauma sheets and draping shall be employed wherever practicable.

Each Participant retains the unconditional right to withdraw from any simulation at any time without penalty. Withdrawal will not affect certification eligibility in standard courses. No refund shall be provided for withdrawal after commencement of class.

BY ENGAGING IN ANY CLASS, EXERCISE, OR SIMULATION, EACH PARTICIPANT ACKNOWLEDGES AND CONSENTS TO THE LAWFUL EDUCATIONAL USE OF METHODS AND MATERIALS DESCRIBED HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROVIDER AND ALL RELEASED PARTIES ARE ABSOLVED FROM LIABILITY FOR ANY INJURY, ILLNESS, EMOTIONAL DISTRESS, LOSS, OR CLAIM ARISING FROM PARTICIPATION. NOTHING HEREIN SHALL WAIVE LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL HARM AS PROHIBITED UNDER PENNSYLVANIA LAW.

9. Minors and Guardians

9.1 Where a Participant is under eighteen (18) years of age, a parent or legal guardian must execute applicable consent documentation prior to participation. Execution constitutes full acceptance of all provisions of this Agreement.

9.2 The Host Organization bears sole responsibility for obtaining, verifying, and maintaining all required parental or guardian consent forms for minors.

9.3 A minor may not engage in hands-on skills or assessments without written parental or guardian consent on file. Pending confirmation, a minor may observe only.

9.4 Parents and guardians assume exclusive responsibility for the minor's supervision and behavior and agree to defend, indemnify, and hold harmless the Provider and Released Parties from any claim arising from the minor's participation.

9.5 The Provider reserves the right to deny or remove any minor from a Training Program if consent documentation is incomplete or a safety concern exists.

10. Record-Keeping, Insurance, and Coverage Notice

10.1 The Provider retains participant rosters, acknowledgment forms, and training records for a minimum of ten (10) years following instruction completion.

10.2 Instructors operate as independent contractors and are not individually insured under any Provider policy. Each Instructor maintains their own professional credentials and insurance.

10.3 The Provider makes no representation regarding the existence, scope, or adequacy of any insurance coverage applicable to Participants or Host Organizations.

10.4 Except as required by law, the Provider and Released Parties shall not be liable for any injury, illness, loss, or damage arising from participation.

10.5 The Provider's general business insurance does not extend to Participants, volunteers, or Host Organizations.

11. Photo and Media Release

11.1 By participating, each Participant acknowledges that photographs, video recordings, audio recordings, and other media may be captured for educational, archival, compliance, or promotional purposes.

11.2 Each Participant grants the Provider a perpetual, worldwide, irrevocable, royalty-free license to use, reproduce, distribute, edit, publish, and display such media in any format for lawful educational, promotional, or marketing purposes.

11.3 Participants who prefer not to appear in media must provide written notice before class. Complete exclusion from incidental capture cannot be guaranteed in group settings.

11.4 Incidental inclusion in educational or promotional materials shall not give rise to any claim for compensation, credit, defamation, or invasion of privacy.

11.5 Withdrawal of consent after participation shall not obligate the Provider to remove previously published media.

11.6 The Provider may create derivative works, composite images, or anonymized educational content from captured media.

11.7 Participant recording, photography, or livestreaming of any portion of training is prohibited without written permission from the Provider.

12. Governing Law and Jurisdiction

12.1 This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles.

12.2 Any action shall be brought exclusively in the Court of Common Pleas of Butler County, Pennsylvania, or the United States District Court for the Western District of Pennsylvania.

12.3 THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING UNDER THIS AGREEMENT.

12.4 Nothing herein precludes the Provider from seeking injunctive relief in any court of competent jurisdiction.

12.5 The prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, and litigation expenses.

13. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, such determination shall not affect the remaining provisions, which shall continue in full force and effect. Any invalid provision shall be deemed modified to most closely approximate the original intent and economic effect.

14. Entire Agreement; Integration; No Waiver

14.1 This Agreement constitutes the entire understanding between the Participant and the Provider. No amendment shall be valid unless in writing and executed by an authorized representative of the Provider.

14.2 Any waiver must be in writing and signed by the Provider. A waiver on one occasion shall not constitute a continuing waiver.

14.3 Electronic acceptance, including online registration, email confirmation, or execution of a digital class roster, shall be deemed the legal equivalent of a signed original.

SECTIONS 1–6, 8, AND 10–15 OF THIS AGREEMENT SHALL SURVIVE COMPLETION OF TRAINING, EXPIRATION OF CERTIFICATION, AND TERMINATION OF THIS AGREEMENT.

15. Acknowledgment and Acceptance

By registering for, attending, or participating in any course, program, or event offered by the Provider, each Participant affirms that they have carefully read, fully understood, and voluntarily accepted all terms, conditions, waivers, releases, and disclaimers contained in this Agreement, and that they enter into it knowingly, voluntarily, and without duress or coercion.

Participation in any portion of a Butler County CPR training event—including in-person, hybrid, or virtual instruction—shall constitute binding legal acceptance of all terms herein, whether or not a physical or digital signature is obtained.

16. Contact Information

Butler County CPR
Email: class@butlercpr.com
Phone: (724) 200-3099
Web: butlercpr.com | butlercountycpr.com