Legal Notice | Release of Liability and Media Release

BUTLER COUNTY CPR – LIABILITY WAIVER, ASSUMPTION OF RISK, AND MEDIA RELEASE AGREEMENT

Effective Date: October 31, 2025  Last Revision: November 10, 2025

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 for individuals, business entities, and governmental organizations; 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

For purposes of this Agreement, unless the context clearly requires otherwise:

    • “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, whether conducted in-person, online, hybrid, or in any other format.

    • “Advanced Simulations” has the meaning assigned in Section 8C hereinbelow.

    • “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.

Words importing the singular include the plural and vice versa; words importing gender include all genders; references to “herein,” “hereof,” and “hereunder” refer to this Agreement as a whole and not to any particular section unless expressly stated.

Headings are for convenience only and shall not affect interpretation.

References to statutes shall include successor legislation and amendments thereto.

1. ACKNOWLEDGMENT OF RISK

1.1 The Participant hereby acknowledges and understands that the Training Programs provided by the Provider are inherently physical, interactive, and experiential in nature and may include, without limitation, kneeling, bending, lifting, carrying, compressing manikins, applying direct pressure, performing simulated rescue techniques, and engaging in other physical activities intended to replicate medical or emergency conditions. Such activities may take place indoors or outdoors and may include environmental exposure to heat, cold, precipitation, uneven surfaces, or other natural or facility-based hazards.

1.2 The Participant understands that participation may expose them to risks—both known and unknown—including, without limitation: muscle strain or sprain; joint injury; fatigue; bruising; allergic reaction; contact dermatitis; infection or exposure to airborne or surface pathogens (including communicable diseases despite reasonable infection-control practices); 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, whether foreseeable or unforeseeable, and all related consequences.

§1.3 – Acknowledgment of Risk

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 OF ANY NATURE WHATSOEVER, ARISING OUT OF OR RELATED TO ORDINARY NEGLIGENCE IN THE DESIGN, PREPARATION, INSTRUCTION, SUPERVISION, CONDUCT, OR ADMINISTRATION OF THE TRAINING PROGRAMS, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO EQUIPMENT FAILURE, ENVIRONMENTAL CONDITIONS, OR PARTICIPANT INTERACTION.

1.4 Each Participant acknowledges and agrees that they alone are responsible for evaluating their own physical, emotional, and mental capability to safely engage in training activities. Participants with any injury, illness, disability, or medical restriction—whether temporary or chronic—are strongly encouraged to consult a licensed healthcare provider prior to participation. The Participant shall immediately notify the Instructor or Program Administrator of any condition, limitation, or injury that may affect participation. The Provider assumes no duty to assess medical fitness or suitability for participation. Participants may request reasonable accommodations in advance; the Provider will evaluate feasible adjustments consistent with course objectives and safety.

1.5 The Participant further understands and agrees that participation in Training Programs may involve the use of equipment, materials, or facilities not owned or maintained by the Provider, and that the Provider makes no representation or warranty regarding the condition, safety, or suitability of such items or premises. The Participant voluntarily assumes all risks associated with the use thereof.

1.6 Participation in any portion of the Training Programs—whether as a student, observer, or volunteer—shall constitute conclusive acknowledgment of having read, understood, and voluntarily accepted the terms, conditions, and risks set forth in this Agreement. Such participation shall further constitute an irrevocable assumption of full personal responsibility for any injury, harm, loss, or damage sustained in connection with the Training Programs, whether occurring during or after the event.

2. WAIVER AND RELEASE OF LIABILITY

2.1 IN CONSIDERATION OF BEING PERMITTED TO ENROLL IN, ATTEND, OBSERVE, OR OTHERWISE PARTICIPATE IN ANY TRAINING PROGRAM, THE PARTICIPANT, FOR THEMSELVES AND FOR THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, ASSIGNS, ESTATE, AND ANY PERSON CLAIMING BY, THROUGH, OR UNDER THEM, HEREBY FULLY, IRREVOCABLY, AND UNCONDITIONALLY RELEASES, WAIVES, DISCHARGES, AND FOREVER HOLDS HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, COSTS, EXPENSES, OR SUITS OF WHATEVER NATURE OR KIND—WHETHER IN LAW, EQUITY, OR ADMINISTRATIVE PROCEEDING—ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH PARTICIPATION, ATTENDANCE, OR PRESENCE AT ANY TRAINING PROGRAM OR RELATED EVENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIM ARISING OUT OF OR RESULTING FROM ORDINARY NEGLIGENCE, ACTS, OR OMISSIONS OF THE RELEASED PARTIES.

2.2 WITHOUT LIMITING THE FOREGOING, THIS RELEASE SPECIFICALLY EXTENDS TO AND INCLUDES, WITHOUT LIMITATION:

(A) ANY PERSONAL INJURY, ILLNESS, DISEASE, INFECTION, OR PROPERTY DAMAGE SUSTAINED BEFORE, DURING, OR AFTER ANY TRAINING PROGRAM;

(B) ANY EMOTIONAL DISTRESS, TRAUMA, SHOCK, OR DISCOMFORT EXPERIENCED IN CONNECTION WITH PARTICIPATION OR EXPOSURE TO REALISTIC EDUCATIONAL CONTENT OR SIMULATION;

(C) ANY REPUTATIONAL, PROFESSIONAL, OR FINANCIAL LOSS ALLEGEDLY RESULTING FROM PARTICIPATION;

(D) ANY HARM RESULTING FROM THE PARTICIPANT’S USE OR MISUSE OF SKILLS LEARNED;

(E) ANY CLAIM ALLEGING INADEQUATE SUPERVISION, INSTRUCTION, OR CONTENT SELECTION; AND

(F) ANY DEFECT OR MALFUNCTION OF EQUIPMENT OR PREMISES.

2.3 THE PARTICIPANT EXPRESSLY ACKNOWLEDGES THAT ALL TRAINING PROGRAMS ARE EDUCATIONAL IN NATURE AND DO NOT CONSTITUTE MEDICAL TREATMENT OR ADVICE. THE PROVIDER AND ITS INSTRUCTORS ARE NOT ACTING IN A CLINICAL CAPACITY AND SHALL HAVE NO LIABILITY FOR ANY APPLICATION OR MISAPPLICATION OF SKILLS AFTER COURSE COMPLETION.

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 AND DISCHARGE OF LIABILITY FOR THE PROVIDER AND ALL RELEASED PARTIES.

3. NO GUARANTEE OF PERFORMANCE OR OUTCOME

3.1 The Participant acknowledges, understands, and agrees that all instructional content, training activities, materials, and certifications provided by the Provider are delivered solely for lawful educational and informational purposes. Such content is based upon the curriculum, standards, and instructional guidelines of recognized national or international authorities, including, without limitation, the American Heart Association (“AHA”), the American Red Cross, the National Safety Council, or other comparable credentialing or accrediting organizations. The Provider does not warrant that the information or techniques presented represent the only, exclusive, or definitive methods of performing any lifesaving or medical procedure, nor that such methods will remain current as standards evolve over time.

3.2 The Provider expressly disclaims any and all representations, guarantees, or warranties—whether express, implied, statutory, or otherwise—regarding the Participant’s future skill level, judgment, performance, or success in any real-world emergency or medical situation. Certification issued upon completion of a course merely signifies that the Participant has met the educational and performance requirements in effect as of the date of issuance. Such certification shall not be construed as evidence or assurance of future competency, retention, or ability to render emergency aid, prevent injury, or save life in actual field circumstances.

3.3 The Participant expressly acknowledges that the Provider cannot control, supervise, or verify how the knowledge, techniques, or procedures learned are later applied. Accordingly, the Provider shall bear no responsibility or liability, whether direct or indirect, for any act, omission, error, or misjudgment by the Participant or any third party in the use, misuse, or nonuse of training content, skills, or materials obtained through participation in the Training Program. The Participant assumes sole and complete responsibility for their actions, decisions, and reliance upon such training in any setting, personal or professional.

3.4 Without limiting any other disclaimer set forth herein, the Participant further acknowledges that completion of any Training Program offered by the Provider does not constitute or guarantee employment, advancement, licensure, credentialing, professional qualification, continuing education credit, or any legal authorization to perform medical procedures beyond the limited scope expressly stated by the AHA, applicable regulatory body, or other governing standard. The Provider makes no representation or assurance that its programs will satisfy the requirements of any employer, agency, or licensing authority.

3.5 The Participant understands and agrees that techniques, recommendations, or guidelines presented in the Training Programs are subject to revision or replacement by the AHA, governmental entities, or other accrediting organizations. The Provider assumes no obligation to update Participants regarding subsequent changes in best practices, medical research, or regulatory standards after the conclusion of the Training Program.

4. Instructor Statement

4.1 Each individual engaged, contracted, or otherwise authorized by Butler County CPR (the “Provider”) to deliver, supervise, assist with, or otherwise participate in the administration of instructional services (collectively, the “Instructors”) acts exclusively in an educational, instructional, and training capacity. No Instructor, whether credentialed or licensed in any profession, shall be deemed or construed to render medical treatment, clinical diagnosis, therapeutic intervention, patient care, or other acts constituting the practice of medicine, nursing, paramedicine, or any allied health profession as defined under applicable federal, state, or local law, including but not limited to the statutes and regulations of the Commonwealth of Pennsylvania.

4.2 All instructional content, demonstrations, and evaluations are delivered in good faith and in accordance with then-current, nationally recognized educational and technical standards, pedagogical methods, and competency-based curricula. Such curricula may include, without limitation, those promulgated by the American Heart Association (“AHA”), the American Red Cross, the National Safety Council, or comparable accrediting authorities. The Participant expressly acknowledges that each Instructor may possess distinct professional experiences, qualifications, and instructional techniques, and that teaching methodologies, communication styles, and demonstrations may vary accordingly. The Provider makes no representation, assurance, or warranty—express or implied—regarding uniformity of instruction, identical presentation, or equivalency of outcome among different Instructors or courses.

4.3 The Participant expressly understands and agrees that neither the Provider nor any Instructor guarantees mastery, proficiency, competence, accuracy, or skill retention beyond the instructional period. Completion of any Training Program shall be deemed only an acknowledgment of satisfactory participation and fulfillment of the immediate course objectives, and shall not be construed or implied as certification of professional ability, clinical proficiency, or readiness to perform medical, rescue, or lifesaving procedures beyond the educational scope of the course.

4.4 The Provider and the Instructors expressly disclaim any and all liability for acts, omissions, errors, or misjudgments committed in good faith during the course of instruction, including, without limitation, those arising from simulation activities, demonstration procedures, equipment handling, or verbal explanation of medical or emergency techniques. The Participant understands and agrees that instruction necessarily involves generalization, demonstration, and repetition, and that errors in execution, comprehension, or demonstration may occur without constituting negligence or breach of duty.

4.5 No representation, warranty, or guarantee—whether express, implied, statutory, or otherwise—is made or shall be deemed made by the Provider or its Instructors that participation in any class, Training Program, or educational activity will result in successful performance of lifesaving or emergency procedures in real-world circumstances, nor that such participation will prevent injury, illness, or death of any person.

4.6 For avoidance of doubt, Instructors are independent educators acting under the direction of the Provider solely for the purpose of facilitating instruction and do not act as agents or employees of the Participant. All communications, demonstrations, and feedback are intended exclusively for educational development and shall not constitute or be relied upon as professional, medical, or therapeutic advice in any form.

5. Indemnification

5.1 The Participant hereby agrees to defend, indemnify, and hold harmless the Provider, together with its owners, officers, directors, employees, instructors, contractors, agents, affiliates, volunteers, representatives, successors, and assigns (collectively, the “Released Parties”), from and against any and all claims, demands, suits, proceedings, actions, causes of action, damages, losses, liabilities, judgments, settlements, fines, penalties, and expenses of every kind and nature—including, without limitation, reasonable attorneys’ fees, expert witness fees, and court costs—arising out of, resulting from, or in any way connected with:

  (a) the Participant’s participation in, attendance at, or observation of any class, course, simulation, or activity conducted by the Provider;

  (b) the Participant’s use, misuse, misrepresentation, or subsequent application of any instruction, certification, information, skills, or techniques provided by the Provider;

  (c) any statement, publication, or representation made by the Participant regarding their affiliation with or certification through the Provider or the American Heart Association;

  (d) any bodily injury, illness, property damage, or emotional distress sustained by any third party as a result of the Participant’s conduct, acts, or omissions following training; and

  (e) any breach or alleged breach by the Participant of this Agreement or any applicable law, regulation, or standard of care related to the Participant’s conduct before, during, or after training.

5.2 This indemnity obligation expressly includes any and all claims brought by third parties, governmental entities, employers, educational institutions, or other individuals, regardless of whether such claims are asserted directly against the Provider or indirectly through subrogation, contribution, or vicarious liability theories.

5.3 The Participant’s duty to defend shall arise immediately upon the assertion of any claim or demand falling within the scope of this Section, and such defense shall be provided at the Participant’s sole cost and expense, using counsel reasonably acceptable to the Provider. The Provider retains the right, but not the obligation, to participate in or assume its own defense at its discretion and expense, without waiving any right to indemnification under this Agreement.

5.4 The indemnity obligations set forth herein shall apply irrespective of any allegation or finding of Ordinary Negligence by any Released Party, except to the extent that such indemnity is prohibited by applicable law or where the injury or loss is finally adjudicated to have been caused by the gross negligence or willful misconduct of the Released Party seeking indemnity.

5.5 THE PARTICIPANT HEREBY AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PROVIDER AND ALL RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, FINES, PENALTIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATED TO PARTICIPATION IN ANY TRAINING PROGRAM OR THE USE OR MISUSE OF INSTRUCTION, SKILLS, OR CERTIFICATIONS PROVIDED. 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 OR WHERE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IS FOUND.

5.6 Nothing in this Section shall be construed to limit any other right, remedy, or cause of action available to the Provider or Released Parties at law or in equity, including but not limited to recovery of attorneys’ fees incurred in enforcing this Agreement.

6. ORGANIZATIONAL RESPONSIBILITY AND PREMISES LIABILITY

6.1 Any organization, business entity, government agency, educational institution, nonprofit association, or other facility (each, a “Host Organization”) that sponsors, arranges, contracts for, or provides space or premises for any Training Program conducted by the Provider shall be solely, exclusively, and independently responsible for the safety, conduct, and supervision of its employees, members, invitees, students, volunteers, guests, and other participants while on or about its premises or under its operational control. The Host Organization shall be deemed to have full custody and control over its own property, equipment, personnel, and attendees during all training activities hosted or facilitated on its behalf.

6.2 The Host Organization expressly agrees to defend, indemnify, and hold harmless the Provider and all Released Parties from and against any and all claims, demands, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

  (a) the Host Organization’s operations, premises conditions, or acts or omissions of its officers, employees, or representatives;

  (b) the actions, omissions, or conduct of its participants, invitees, or attendees, including minors or non-registered observers;

  (c) any failure by the Host Organization to obtain or maintain appropriate insurance coverage, parental or guardian consents, or waivers as required under applicable law or this Agreement; and

  (d) any injury, illness, property damage, or loss occurring on its premises or arising out of its supervision, instruction, or participation-related decisions.

6.3 Where a Training Program is conducted at a third-party location (including, without limitation, fire departments, healthcare facilities, schools, corporate offices, or community centers), the liability of the premises owner or operator shall be strictly limited to those duties and responsibilities recognized under Pennsylvania premises-liability law. The Provider and its Released Parties assume no duty of care, express or implied, toward any non-participant, bystander, or unrelated individual who may be present at or near the training venue.

6.4 The Host Organization shall be solely responsible for maintaining adequate general liability and premises liability insurance covering all participants, attendees, and third parties present on its property during the Training Program. The Provider shall have no obligation to verify, maintain, or enforce such coverage and shall be entitled to rely in good faith upon the Host Organization’s representations regarding its insurance, safety procedures, and compliance with applicable laws or regulations. Upon request, a Host Organization shall provide proof of current general liability insurance and, where applicable, name the Provider as a certificate holder for the training date(s).

6.5 Nothing in this Section, or elsewhere in this Agreement, shall be construed to create or imply any partnership, joint venture, agency, employment, or fiduciary relationship between the Provider and the Host Organization. Each entity shall remain wholly independent and solely responsible for its own acts, omissions, liabilities, and obligations. The Provider does not control, supervise, or assume responsibility for the Host Organization’s personnel, premises, or attendees, and no statement or implication to the contrary shall be made.

6.6 In the event of any conflict between the Host Organization’s policies and the terms of this Agreement, the terms of this Agreement shall govern with respect to the Provider’s rights, obligations, and liability limitations.

7. Certification and Independent Status

7.1 The Provider operates exclusively as an independent educational organization and is not, and shall not be deemed, an agent, employee, representative, partner, franchisee, or joint venturer of the American Heart Association (“AHA”) or any other credentialing or accrediting entity. All instructional activities, business operations, marketing, and administrative functions of the Provider are conducted independently, under its own ownership and control. Nothing in this Agreement or in any communication, advertisement, or material shall be construed as creating or implying any agency, partnership, endorsement, or employment relationship between the Provider and the AHA or any similar organization.

7.2 All Training Programs offered by the Provider that are designated as AHA courses shall conform to the curriculum, instructional methodology, testing standards, and administrative procedures promulgated by the AHA or its authorized Training Center. Certifications for AHA-authorized courses are issued solely through and in coordination with the AHA or its designated Training Center, and bear AHA marks, names, or logos only upon completion of all required course, evaluation, and documentation procedures in accordance with AHA policy.

7.3 The Provider acknowledges that its authority to deliver AHA curriculum and to issue AHA-branded certifications exists solely under the supervision and oversight of the AHA Training Center with which it is affiliated. Such authority may be modified, suspended, or revoked at any time at the discretion of the AHA or the supervising Training Center, without affecting the enforceability or continuing validity of this Agreement or any waivers, releases, or indemnifications contained herein.

7.4 The Participant expressly understands and agrees that the AHA is not a party to this Agreement and assumes no responsibility or liability for any act, omission, representation, or condition arising from or related to the Provider’s business operations, facilities, instructors, or course delivery. The AHA’s role is limited to the publication of curriculum and certification standards, and the AHA does not own, operate, manage, control, or supervise the Provider’s instructors, equipment, scheduling, policies, or business practices.

7.5 Nothing herein shall be interpreted as granting the Participant any direct contractual rights, claims, or remedies against the AHA or any accrediting body. All rights and obligations under this Agreement exist solely between the Participant and the Provider.

7.6 The Provider reserves the right to modify, adapt, or supplement instructional materials, examples, or demonstrations for educational clarity or realism, provided such modifications do not alter the core AHA curriculum or certification standards. Such supplemental instruction shall be clearly identified as independent of AHA materials and is offered solely under the Provider’s discretion and authority.

8. Educational Equipment, Materials, and Simulation Scenarios

The Provider’s instructional materials may include realistic medical content to promote accurate, professional-grade education. All such content is presented for lawful, educational purposes in a professional and clinical manner designed to reflect the realities of emergency and healthcare training environments.

8A. Training Equipment and Anatomical Models

8A.1 The Provider utilizes anatomically accurate CPR training manikins and related instructional devices, including models depicting both male and female anatomy, to ensure realism, accuracy, and compliance with nationally recognized standards. All equipment is used exclusively for legitimate educational purposes and contains no explicit, erotic, or sexualized features.

8A.2 All training equipment shall conform to recognized infection-control and sanitization standards established by the American Heart Association (AHA), the Occupational Safety and Health Administration (OSHA), and any other applicable governing authority. The Provider disclaims responsibility for any misunderstanding, discomfort, or perceived impropriety arising from the lawful, medically appropriate use of approved instructional devices.

8A.3 By registering for or permitting participation in any Training Program, each Participant—and, where applicable, each parent or guardian—acknowledges and consents to the use of such anatomical equipment and affirms that said use is educational, professional, and non-prurient in nature.

8B. Educational Materials and Injury Simulations

8B.1 Certain Training Programs may incorporate photographs, videos, diagrams, or digital representations depicting realistic injuries, wounds, or human anatomy to illustrate emergency-care techniques, including but not limited to hemorrhage control, burn management, splinting, airway maintenance, and thoracic-injury care. All such materials are curated and employed exclusively for approved instructional use and are intended to improve comprehension, realism, and readiness in emergency medical training.

8B.2 Core course content shall remain aligned with the official curriculum and standards of the applicable certifying or accrediting body governing each specific Training Program; however, supplemental materials may, at the Provider’s sole discretion, be independently sourced to enhance realism and instructional depth. Such materials shall be medically appropriate, professionally presented, and selected solely for legitimate educational relevance. Certain materials may depict detailed anatomical areas or injury mechanisms as necessary to demonstrate clinical concepts, with every effort made to present such content respectfully and with appropriate sensitivity.

8B.3 By enrolling or authorizing participation, each Participant —and, where applicable, each parent or guardian — consents to the instructional use of all educational materials and visual aids utilized during training. This includes, without limitation, photographs, videos, digital simulations, live demonstrations, or other instructional media that may depict people, volunteers, patients, or models, and that may contain realistic or graphic medical content such as visible injuries, burns, amputations, bleeding, or motor-vehicle collisions. When feasible, alternative versions of materials that minimize exposure to sensitive visuals will be used without compromising educational integrity.

All such materials are presented solely for lawful, professional, and instructional purposes designed to foster accurate understanding of human anatomy, injury patterns, and emergency-response principles. Each Participant, and where applicable, each parent or guardian, expressly waives any claim, complaint, or objection arising from exposure to such lawful educational content and agrees to hold the Provider and Released Parties harmless from any emotional distress, discomfort, misunderstanding, or perceived offense resulting from the professional presentation of such materials.

8C. Simulation-Based Training Modules

Note: The training activities described in this section are not part of a standard American Heart Association (AHA) BLS, CPR/AED, or First Aid class. While certain elements may be integrated upon specific request by a Host Organization, such exercises extend beyond the normal scope of basic certification courses and are intended solely for enhanced, scenario-based learning under controlled conditions.

8C.1 The Provider may, at its sole discretion, incorporate Simulation-Based Training Modules (“Advanced Simulations”) intended to replicate real-world emergency conditions for educational benefit. Such simulations may include, without limitation: (a) moulage or synthetic injury techniques; (b) simulated bleeding, trauma, or hazardous environments; (c) reconstruction of incident or mass-casualty scenes; and (d) the controlled cutting or removal of garments from volunteers or manikins (“Training Subjects”) to demonstrate wound management, assessment techniques, or AED pad placement.

All Simulation-Based Training Modules are expressly designed for approved instructional use and to serve as accurate, realistic depictions of emergency medical services (EMS) calls, rescue responses, and pre-hospital medical emergencies. Their purpose is to simulate, as closely as reasonably practicable, the sensory, emotional, and decision-making challenges encountered by emergency responders and healthcare personnel. Classroom instruction and manikin-based training, while valuable, cannot fully prepare participants for real-world stress responses; therefore, controlled exposure to high-intensity scenarios ensures that such “shock factors” are experienced in a supervised educational environment rather than during an actual patient encounter.

8C.2 Participation in Simulation-Based Training Modules shall be strictly voluntary and shall occur solely within a controlled, professional environment under the direct supervision of qualified Instructors designated by the Provider. Each Participant shall receive advance notice of any simulation reasonably anticipated to involve simulated injury, physical contact beyond that customarily associated with standard lifesaving procedures (including, without limitation, abdominal thrusts or direct pressure for bleeding control), or exposure to high-intensity emergency scenarios.

It shall be expressly noted that any such Simulation-Based Training Module constitutes an opt-in-only experience distinct from standard CPR, AED, or First Aid training. While certain simulation elements may, at the Provider’s discretion, be incorporated into First Aid or similar courses to enhance realism, they are not customary or required components of the Provider’s basic curriculum. Enrollment and participation remain strictly voluntary at all times.

A Host Organization (including, without limitation, fire departments, EMS agencies, educational institutions, corporations, or government entities) may request inclusion of Simulation-Based Training Modules as part of its group training. In such cases, the Provider shall disclose the nature, scope, and objectives of such content in advance. Individual participation shall remain voluntary for all attendees, regardless of any organizational request or expectation.

The Host Organization shall bear sole responsibility for: (a) informing prospective participants and invitees of the nature of the requested training; (b) obtaining all necessary permissions, waivers, and parental or guardian consents as required by law; and (c) ensuring all such documentation is properly executed and retained. The Provider shall be entitled to rely in good faith on any representations or consents provided and shall not be liable for errors, omissions, or deficiencies in the Host Organization’s process.

8C.3 No simulation shall include, depict, or imply conduct that is sexual, harassing, indecent, or otherwise inappropriate. The Provider will, wherever reasonably practicable, employ trauma sheets, privacy draping, or equivalent measures to preserve participant dignity, modesty, and comfort. Nothing herein shall be interpreted as a guarantee of absolute coverage, as certain instructional activities may necessarily involve direct observation of relevant body areas for medical demonstration.

8C.4 Although Simulation-Based Training Modules are not generally recommended for minors, such exercises may provide substantial educational value to mature participants and to minors participating with the written consent of a parent or guardian. Parents or guardians may authorize a minor to participate as a regular participant or as a patient volunteer to enhance training realism, provided such participation occurs under continuous instructor supervision and in full compliance with applicable law.

The Provider shall be entitled to rely in good faith upon the authenticity and validity of any executed consent or authorization and shall have no independent obligation to verify its accuracy. Any falsification, misrepresentation, or unauthorized execution shall be the sole responsibility of the party submitting such documentation. Participation by an adult constitutes express acknowledgment and consent to lawful, professionally supervised, and educationally appropriate instructional activities conducted in accordance with the stated objectives of the training.

8C.5 Each Participant retains the unconditional right to withdraw from any Simulation-Based Training Module at any time upon expressing discomfort, objection, or perceived hazard. Such withdrawal shall be immediately respected without penalty or disciplinary consequence. Withdrawal will not affect certification eligibility in any standard course; however, the Participant acknowledges that opting out may limit their exposure to certain advanced training components designed to enhance real-world decision-making and patient-care proficiency. No refund, credit, or rescheduling shall be provided for withdrawal occurring after the commencement of the class, as training resources and instructional time are allocated in advance.

8C.6 Comprehensive Liability Disclaimer

Participants understand that all training activities are conducted in a controlled and respectful learning environment. Certain hands-on skills—such as applying tourniquets, performing bleeding control, or assisting with patient movement—may naturally involve brief or incidental physical contact as part of proper instruction. Such contact is limited to what is necessary for learning and is always expected to be carried out in a professional and courteous manner under instructor supervision.

All participants are expected to act respectfully, follow instructor guidance, and maintain appropriate boundaries at all times. Any behavior that is unprofessional or inconsistent with these expectations may result in removal from the activity or class, and, when appropriate, notification to the proper authorities.

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, INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM ORDINARY NEGLIGENCE. THIS RELEASE ENCOMPASSES ALL CLAIMS BASED ON DISCOMFORT, INCIDENTAL CONTACT, PERCEIVED EXPOSURE, EQUIPMENT MALFUNCTION, ENVIRONMENTAL CONDITIONS, OR FACILITY CIRCUMSTANCES. PARTICIPANTS ACCEPT FULL PERSONAL RESPONSIBILITY AND AGREE THAT PARTICIPATION CONSTITUTES A COMPLETE AND BINDING WAIVER OF LIABILITY. NOTHING HEREIN SHALL BE CONSTRUED TO 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 the applicable consent documentation or sign the official class roster prior to the minor’s participation in any Training Program. Execution of such consent shall constitute full acknowledgment, acceptance, and agreement to all provisions of this Agreement, including the assumption of risk and waiver of liability, and shall operate as a complete and binding release of claims on behalf of the minor to the maximum extent permitted by law.

9.2 The Host Organization shall bear sole responsibility for obtaining, verifying, and maintaining all required parental or guardian consent forms for minors participating in any Training Program. The Provider is entitled to rely in good faith on the representations and documentation furnished by the Host Organization or any adult signer, including class rosters, consent forms, or certifications confirming that proper authorization has been obtained. The Provider shall have no duty or obligation to investigate the authenticity, validity, or authority of any such documentation unless there is clear and specific evidence of irregularity.

9.3 A minor may not engage in hands-on skills, simulations, or assessments without written parental or guardian consent on file. The Provider may, in good faith, rely on (i) a consent form directly executed by a parent or legal guardian, whether completed and submitted prior to the minor’s arrival or provided through the Host Organization, or (ii) written certification or attestation from the Host Organization confirming that valid consents have been secured. Physical presence of the parent or guardian at the training site is not required, provided that the executed consent form has been properly received in advance. Upon receipt of such documentation, the Provider may, in good faith, accept it as valid and sufficient for participation unless otherwise notified. Pending confirmation of consent, a minor may be permitted to observe from a designated area only. Any misrepresentation, omission, or deficiency in consent remains the sole legal and financial responsibility of the adult signer or Host Organization and is subject to the indemnification obligations herein.

9.4 Parents and guardians assume exclusive responsibility for the supervision, behavior, and safety of the minor during participation and agree to defend, indemnify, and hold harmless the Provider and all Released Parties from and against any claim, demand, loss, or expense—including reasonable attorneys’ fees—arising out of or related to the minor’s participation, conduct, injury, or presence at any training location, whether such claim is asserted by or on behalf of the minor or by any third party.

9.5 The Provider reserves the right to deny participation or remove any minor from a Training Program if, in its sole discretion, the required consent documentation is incomplete, unclear, or inconsistent, or if the Provider determines that participation may pose a safety, maturity, or suitability concern. Such decisions shall be final and made solely in the interest of participant welfare and program integrity.

10. Record-Keeping, Insurance, and Coverage Notice

10.1 The Provider shall retain participant rosters, acknowledgment forms, consent documents, and other relevant training records for a minimum of ten (10) years following completion of instruction, or for such longer period as may be required by statute, regulation, or recognized industry practice. Records may be maintained in physical or electronic form and may be securely destroyed after the applicable retention period expires. The Provider shall not be obligated to furnish copies of any record to Participants except where required by law or court order.

10.2 Instructors, evaluators, and facilitators engaged by the Provider operate as independent contractors and are not employees, agents, or representatives of the Provider for purposes of insurance, liability, or employment law. Independent contractors are not individually insured under any centralized professional-liability policy maintained by the Provider. Each Instructor bears sole responsibility for maintaining all personal credentials, professional licenses, certifications, or insurance coverage required by law, their accrediting body, or their professional licensing authority.

10.3 Participation in any Training Program is strictly voluntary. The Provider makes no representation or warranty, express or implied, regarding the existence, scope, or adequacy of any insurance coverage applicable to Participants, Host Organizations, or Instructors, and assumes no duty or obligation to procure, maintain, or provide such coverage. Each Participant and Host Organization is solely responsible for determining and maintaining any insurance they deem necessary to cover their own activities, injuries, or property.

10.4 Except as otherwise required by applicable law, the Provider and all Released Parties shall not be liable for any injury, illness, loss, damage, or expense arising out of or related to participation in any Training Program, activity, or event—whether conducted on or off the Provider’s premises. Each Participant expressly acknowledges, accepts, and voluntarily assumes all associated risks.

10.5 The Provider maintains general business insurance consistent with its operational scope; however, such coverage is not intended for, nor shall it be construed to extend to, Participants, volunteers, or Host Organizations. The existence of any insurance policy shall not constitute a waiver of any rights, limitations, or disclaimers set forth in this Agreement.

11. Photo and Media Release

11.1 By attending, enrolling in, or participating in any class, course, or event conducted by the Provider, each Participant acknowledges and agrees that photographs, video recordings, audio recordings, and other media content (collectively, “Media”) may be created, captured, or produced by or on behalf of the Provider for legitimate educational, documentation, compliance, archival, or promotional purposes.

11.2 Each Participant hereby grants to the Provider and its affiliates, successors, licensees, assignees, and authorized representatives a perpetual, worldwide, irrevocable, royalty-free license to record, use, reproduce, distribute, edit, adapt, modify, publish, broadcast, publicly display, and otherwise exploit such Media, in whole or in part, in any medium or technology now known or hereafter developed, including digital, social, print, and electronic formats. This license extends to lawful educational, informational, promotional, training, or marketing purposes consistent with the Provider’s mission and may include use for accreditation, instructor development, or demonstration purposes.

11.3 Participants who prefer not to appear in Media must provide written notice to the Instructor or program administrator prior to the commencement of class. The Provider will make reasonable efforts to accommodate such requests; however, complete exclusion from incidental, background, or crowd-scene capture cannot be guaranteed, particularly in group settings, public venues, or multi-camera recordings.

11.4 The incidental or background inclusion of any Participant’s likeness, image, name, or voice in lawful, non-identifying educational or promotional materials shall not give rise to any claim for compensation, credit, defamation, invasion of privacy, or any other cause of action against the Provider, its affiliates, or its representatives.

11.5 Participants acknowledge that once Media has been lawfully captured and distributed, it may be impracticable to retract or delete such material from all potential media platforms. Accordingly, withdrawal of consent after participation shall not obligate the Provider to remove previously recorded, published, or disseminated Media.

11.6 The rights granted under this Section include, without limitation, permission for the Provider to create derivative or edited works, composite images, or anonymized educational content. No use of Media shall be deemed to constitute a misuse or commercial exploitation of likeness, provided such use is lawful and consistent with the Provider’s educational or promotional objectives.

11.7 Participant Recording Prohibited. To protect privacy and maintain a professional learning environment, participants may not record, photograph, or livestream any portion of training, simulations, volunteers, or materials without written permission from the Provider.

12. Governing Law and Jurisdiction

12.1 This Agreement, and any dispute, controversy, claim, or cause of action arising out of or relating to this Agreement or the subject matter hereof (whether sounding in contract, tort, statute, equity, or otherwise), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard to any choice-of-law or conflict-of-law principles that would require the application of the laws of any other jurisdiction.

12.2 The Parties expressly agree that any action, proceeding, or litigation arising under, related to, or in connection with this Agreement shall be brought exclusively in the Court of Common Pleas of Butler County, Pennsylvania, or, where federal jurisdiction is proper, in the United States District Court for the Western District of Pennsylvania. Each Party hereby irrevocably submits to the personal jurisdiction and venue of such courts and waives any defense of improper venue, lack of personal jurisdiction, or forum non conveniens.

12.3 THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT. ALL SUCH PROCEEDINGS SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY TO THE FULLEST EXTENT PERMITTED BY LAW. IF ANY PART OF THIS JURY TRIAL WAIVER IS FOUND UNENFORCEABLE, THE REMAINING PROVISIONS OF THIS AGREEMENT (INCLUDING VENUE AND JURISDICTION) SHALL CONTINUE IN FULL FORCE AND EFFECT.

12.4 Nothing contained herein shall preclude or limit the Provider’s right to seek injunctive relief, temporary restraining orders, equitable remedies, or specific performance in any court of competent jurisdiction to prevent the unauthorized use, disclosure, or infringement of its intellectual property, proprietary materials, or confidential information, or to otherwise enforce the terms of this Agreement.

12.5 In the event of any action or proceeding to enforce or interpret this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees, court costs, and litigation expenses from the non-prevailing Party, in addition to any other relief to which it may be entitled at law or in equity.

13. Severability

13.1 If any provision, clause, sentence, or portion of this Agreement, or the application thereof to any person or circumstance, is determined by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable under applicable law, such determination shall not affect or impair the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect to the maximum extent permitted by law.

13.2 The Parties expressly agree that any such invalid, illegal, or unenforceable provision shall be deemed automatically modified, limited, or, if necessary, severed and replaced by a valid, enforceable provision that most closely approximates the original intent, purpose, and economic effect of the provision so held invalid.

13.3 Where judicial modification or interpretation is necessary to preserve the enforceability of this Agreement, the Parties request that the court construe and reform the Agreement in a manner consistent with their mutual intent as reflected herein. The remainder of this Agreement shall remain binding and enforceable as though such invalid provision had never been included.

14. Entire Agreement; Integration; No Waiver

14.1 This Agreement constitutes the entire understanding and integration between the Participant and the Provider with respect to the subject matter herein and supersedes all prior or contemporaneous representations, communications, negotiations, proposals, or agreements, whether oral, written, implied, or electronic, relating to the same subject matter. No other statements, promises, or inducements, whether made by any employee, instructor, or agent of the Provider, shall create any additional obligation or warranty not expressly set forth in this Agreement.

14.2 No amendment, modification, or supplement to this Agreement shall be valid or binding unless set forth in a written instrument and executed by an authorized representative of the Provider. The Participant acknowledges that no oral modifications or explanations, including those made during registration, training, or instruction, shall alter the terms of this Agreement.

14.3 Any waiver, consent, or relinquishment of any right or provision must be in writing and signed by the Provider. A waiver on one occasion shall not be deemed or construed to be a continuing waiver or a waiver of any other right or provision on any subsequent occasion.

14.4 The failure, delay, or partial exercise by the Provider of any right, power, or remedy under this Agreement shall not operate as a waiver of that or any other right, power, or remedy. All rights and remedies provided herein are cumulative and not exclusive of any rights or remedies provided by law or in equity.

14.5 Electronic acceptance of this Agreement, including acknowledgment through online registration, email confirmation, or execution of a digital class roster, shall be deemed the legal equivalent of a signed original and fully enforceable under applicable law.
14.6 SECTIONS 1–6, 8, AND 10–15 OF THIS AGREEMENT SHALL SURVIVE COMPLETION OF TRAINING, EXPIRATION OF CERTIFICATION, AND TERMINATION OF THIS AGREEMENT, AND SHALL REMAIN FULLY BINDING AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Acknowledgment and Acceptance

15.1 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.

15.2 Execution of the class roster, completion of electronic registration, acknowledgment by email, or continued participation in any instructional session shall constitute the Participant’s full, informed, and unconditional acceptance of this Agreement and an effective waiver of liability to the maximum extent permitted by law.

15.3 Participation in any portion of a Butler County CPR training event—including but not limited to 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. Acceptance through conduct shall carry the same force and effect as a written signature.

15.4 The Participant acknowledges that they have been advised of their right to seek independent legal counsel before signing or participating and have voluntarily elected to proceed after having had an opportunity to review and understand this Agreement in its entirety.

15.5 This Agreement shall be deemed accepted and enforceable upon the earlier of: (a) the Participant’s signature on any physical or electronic form, (b) submission of online registration, or (c) commencement of participation in any training activity, class, or program provided by the Provider.

16. Contact Information

Butler County CPR

Email: class@butlercpr.com

Phone: (724) 200-3099

Websites: butlercpr.com | butlercountycpr.com

 STOP THE BLEED® is a registered mark of the U.S. Department of Defense; American Heart Association® and AHA® are registered marks of the American Heart Association.