CLASSX LLC – PARTICIPATION WAIVER AND RELEASE OF LIABILITY
PLEASE READ THIS DOCUMENT CAREFULLY. BY PURCHASING A TICKET, REGISTERING FOR AN EVENT, ACCEPTING COMPLIMENTARY ENTRY, OR PARTICIPATING IN ANY ACTIVITY OFFERED BY CLASSX LLC, YOU AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT.
1. Applicability to All Events (Free or Paid)
This Agreement applies in full to all events, classes, workshops, tours, excursions, or product samplings hosted, organized, or facilitated by ClassX LLC ("ClassX"), whether such activity is free of charge, complimentary, promotional, discounted, or fully paid. The absence of financial compensation or ticket fees paid to ClassX does not alter, reduce, or invalidate the legal force and enforceability of this Agreement.
2. Acknowledgment & Assumption of Inherent Risks
I understand that participating in ClassX events—as well as consuming any products, prepared foods, snacks, sea plants/animals, or wild/non-cultivated plants and fungi provided or identified—involves inherent risks and hazards.
I explicitly acknowledge that events may take place in rugged, remote, or dynamic environments during both daytime and evening/nighttime hours, including: mountains, wilderness areas, forests, seashores, beaches, mud flats, tide pools, rivers, creeks, and fresh or saltwater bodies.
These inherent risks include, but are not limited to:
Wild Animal & Wildlife Hazards: Encounters with dangerous, venomous, or aggressive wild animals and organisms, including but not limited to snakes (such as rattlesnakes), bears, mountain lions, coyotes, stinging insects, ticks, parasites, and hazardous marine life.
Craft-Making & Demonstration Hazards: Physical injuries arising from observing live instructor demonstrations or practicing hands-on crafting, carving, shaping, or processing. Hazards include cuts, punctures, lacerations, burns, abrasions, eye injuries, repetitive strain, flying debris, dust, or fumes from handling sharp hand tools, bladed instruments, heat sources, power equipment, or raw materials.
Tool & Equipment Failure / Malfunction: Unexpected failure, wear, breaking, or malfunction of tools, machinery, cooking equipment, crafting gear, lighting, or specialized outdoor equipment provided, loaned, or recommended by ClassX.
Ingestion & Health Risks: Severe allergic reactions, foodborne illness, poisoning, or adverse physical reactions resulting from ingesting wild, non-cultivated, or prepared flora, fauna, fungi, or seafood products.
Terrain, Environmental & Aquatic Hazards: Slipping, tripping, or falling on unstable, uneven, muddy, wet, or submerged surfaces; falling rocks, logs, or debris; low-light or night visibility hazards; rapid weather changes, flash floods, extreme heat or cold, and hypothermia. Water hazards include strong currents, undertows, rising tides, sudden surge waves ("sneaker waves"), cold water immersion, and drowning.
Remote Location Risks: Limited, delayed, or unavailable emergency medical care, cell service, or search-and-rescue response in wilderness, mountain, or coastal settings.
Property Damage & Personal Injury: Serious bodily injury, permanent disability, illness, property loss/damage, and death ("Injuries and Damages").
I acknowledge that these Injuries and Damages may occur due to natural causes, environmental conditions, equipment failure, wild animal encounters, instructor demonstrations, participant practice, or the negligence of ClassX, its trip leaders, instructors, assistants, participants, or third parties. I agree that I am solely responsible for exercising extra caution for my own safety and the safety of those around me.
3. Equipment, Tool Usage & Craft Practice
I agree to listen to all safety instructions and follow staff guidelines prior to observing demonstrations or engaging in hands-on crafting. I agree to:
1. Inspect any tools, materials, or equipment provided by ClassX prior to use and report any observed defects to staff immediately.
2. Wear all recommended personal protective equipment (PPE) provided or required during workshops.
3. Exercise reasonable care and control when handling tools or practicing near others.
I acknowledge that tool malfunction, material fragmentation, or accidental slips can occur even when safety guidelines are followed, and I expressly assume all risks associated with practicing craft-making and operating provided tools or equipment.
4. Specific Disclaimer Regarding Wild Edibles & Foraging
I expressly acknowledge that consuming wild or non-cultivated plants, fungi, and marine life carries significant inherent health risks, and individual reactions vary widely.
I agree that ClassX and its Released Parties (defined below) shall not be held liable for:
1. Any immediate or delayed adverse reaction I experience from consuming wild or prepared edibles during an event.
2. Any future reaction or illness resulting from my independent foraging, identification, harvesting, or ingestion of any plant, fungi, or marine species introduced during a ClassX event.
5. Express Assumption of Risk
TO THE FULLEST EXTENT PERMITTED BY LAW, I expressly and voluntarily assume all risks of injury, illness, property damage, drowning, wildlife encounters, tool or equipment failure, crafting injuries, or death associated with or arising out of my participation in any ClassX event (whether free or paid), regardless of whether such risks are foreseen or unforeseen.
6. Release of Liability & Covenant Not to Sue
In consideration for being permitted to participate in ClassX activities (whether free or paid), I HEREBY AGREE TO FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE ClassX LLC, along with its members, managers, officers, directors, shareholders, investors, employees, agents, instructors, trip leaders, successors, assigns, and the private or public landowners upon whose property or waters the events take place (collectively, the "Released Parties"), from any and all legal liability, claims, demands, or causes of action for any Injuries, Damages, or Death arising out of my participation (or my minor child's participation) in any ClassX event, REGARDLESS OF CAUSE, INCLUDING THE ALLEGED NEGLIGENCE OF THE RELEASED PARTIES.
7. Indemnification & Hold Harmless
I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties from and against any and all claims, lawsuits, losses, liabilities, damages, attorney's fees, costs, or court judgments arising out of or related to my participation (or my minor child's/dependents' participation) in any ClassX event, or brought by any third party as a result of my actions or my use of any tools, equipment, or facilities.
8. Minor Participants, Guests & Pets
If I acquire tickets, registration, or access on behalf of others (including accompanying adults, minor children under 18 years of age, dependents, or pets):
- I certify that I am the parent, legal guardian, or authorized representative of any minor child attending with me and hereby execute this Agreement on their behalf.
- I agree to inform all adult guests/participants of the terms of this Agreement, and I agree to defend and indemnify ClassX for any claims brought by any individual for whom I registered or invited.
- I assume full responsibility for any pets brought to an event and agree to indemnify ClassX for any injury or damage caused by or to such pets.
9. Governing Law, Jurisdiction & Severability
Governing Law: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of law principles.
Jurisdiction: Any legal suit, action, or proceeding arising out of this Agreement shall be instituted exclusively in a court of competent jurisdiction located in the State of California.
Severability: If any provision or portion of a provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
ACKNOWLEDGMENT OF FULL UNDERSTANDING
BY REGISTERING FOR, ACCEPTING TICKET(S) OR ENTRY TO, PURCHASING A TICKET FOR, OR ATTENDING A CLASSX EVENT (WHETHER FREE OR PAID), I ACKNOWLEDGE THAT I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT IN ITS ENTIRETY. I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
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