Waiver of Liability

For and in consideration of good and valuable consideration, including, but not limited to, the following instruction and certification(s), the receipt and sufficiency of which is acknowledged hereby, I hereby waive my rights to all claims for injuries that I may sustain arising out of the Palm Desert Resuscitation Education (PDRE) instruction or any subsequent activities arising therefrom:

  • CLASSROOM-BASED COURSES AND PRGORAMS
    • ACLS for Healthcare Providers
    • PALS for Healthcare Providers
    • BLS for Healthcare Providers
    • Heartsaver® First Aid
    • Heartsaver® First Aid CPR AED
    • Heartsaver® Pediatric First Aid CPR AED
    • Heartsaver® Bloodborne Pathogens
  • ONLINE COURSES AND PROGRAMS
    • HeartCode® ACLS (Online Part 1) and Skills Tests
    • Learn:® Rapid STEMI ID (Online)
    • Learn:® Rhythm Adult (Online)
    • HeartCode® PALS (Online Part 1) And Skills tests
    • Learn:® Rhythm Pediatric (Online)
    • BLS for Healthcare Providers (Online Part 1) And Skills Tests
    • Heartsaver® First Aid (Online Part 1) And Skills Tests
    • Heartsaver® CPR AED (Online Part 1) And Skills Tests
    • Heartsaver® First Aid CPR AED (Online Part 1) And Skills Tests
    • Heartsaver® Pediatric First Aid CPR AED (Online Part 1) And Skills Tests
    • Heartsaver® Bloodborne Pathogens (Online)
    • Acute Stroke (Online)
    • Nonvalvular Atrial Fibrillation (Online)
  • OTHER PRODUCTS
    • Emergency Disposable CPR Face Shield
    • Adult CPR Pocket Resuscitator Mask
  • OTHER SERVICES
    • Automated External Defibrillator (AED) Service Package for your Business or Home
      • Philips HomeStart Defibrillator
      • First Voice AED Basic Wall Standard Cabinet with Alarm
      • Accuform Signs Projection Sign, Legend “AED” with Graphic, 6” x 5” Panel, 0.10” Thick High-Impact Plastic
    • OTHER IMPLICIT PDRE RELATED PROGRAMS, PRODUCTS, AND SERVICES

I further agree to hold harmless PDRE for all injuries, be they physical, fiscal or otherwise, that I may inflict upon others as a result of the instruction and certification(s) in addition to the use of PDRE’s other products and services.

I recognize and acknowledge that there are certain risks of physical injury involved in attending a PDRE educational course including the purchase and use of PDRE products, and I agree to assume the full risk of injuries, including death, damages or losses that I may sustain as a result of attending an instructional course by PDRE and the use of purchased products sold by PDRE. I agree to waive and relinquish any and all claims I may have arising out of, or connected with, said course and products, whether they relate to injuries to others or myself.

I do hereby fully release and discharge the PDRE and its officers, agents and employees from any and all claims from injuries, including death damage or loss, which I may have as a result of this course and the products sold by PDRE.

I have read and fully understand and agree to the above stated conditions of participation in this Program.

By indicating your acceptance, you understand, agree, warrant and covenant as follows:

  1. REGISTRATION AGREEMENT AND LIABILITY WAIVER (the “Agreement and Waiver”)

Authority to Register and/or to Act as Agent. You represent and warrant to the PDRE that you have full legal authority to complete this event registration by phone, email, in person, and/or through our website and Enrollware.com registration hyperlink on behalf of yourself and/or any party you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, the PDRE refers to the PDRE and any and all subsidiaries, affiliated entities, or entities that control or are controlled by the PDRE singly or together and its officers, employees, contractors, subcontractors and agents.

If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this agreement on their behalf and by proceeding with this event registration, you agree that the terms of this Agreement and Waiver shall apply equally to all Registered Parties. By registering a child under 13, you agree and consent to the collection of that child’s information, which you provide for the purposes of registration.

  1. Waiver

YOU UNDERSTAND THAT PARTICIPATION IN THE EVENT AND USE OF OUR PROGRAMS, PRODUCTS AND SERVICES ARE POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PARTICIPATE UNLESS THEY ARE MEDICALLY ABLE AND PROPERLY TRAINED. YOU UNDERSTAND THAT EVENTS MAY BE HELD OVER PUBLIC ROADS AND FACILITES OPEN TO THE PUBLIC DURING THE EVENT AND UPON WHICH HAZARDS ARE TO BE EXPECTED. PARTICIPATION AND USE OF OUR PROGRAMS, PRODUCTS AND SERVICES CARRIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY RANGING FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. YOU UNDERSTAND AND AGREE THAT IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE EVENT AND USE OF OUR PROGRAMS, PRODUCTS AND SERVICES, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND CONVENANT NOT TO SUE THE PDRE FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT AND THE USE OF OUR PROGRAMS, PRODUCTS AND SERVICES BY YOU OR ANY REGISTERED PARTY.

  1. Limitation of Liability; Disclaimer of Warranties

THE PALM DESERT RESUSCTITATION EDUCATION (PDRE) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE PDRE OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PDRE OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE PDRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE PDRE IS AT YOUR SOLE RISK. THE PDRE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PDRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

The PDRE makes no warranty that PDRE sites’ services will be uninterrupted, secure or error free. The PDRE does not guarantee the accuracy or completeness of any information in, or provided in connection with, the PDRE site. The PDRE is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the PDRE sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.

  1. Indemnification

You agree to indemnify and hold each of the Palm Desert Resuscitation Education (PDRE) harmless from and against any and all damages, costs, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising from or relating to your use of the PDRE’s services.

  1. Applicable Law; Consent to Jurisdiction

The Palm Desert Resuscitation Education (PDRE) sites (excluding linked sites) are controlled by the PDRE from its offices within the State of California, United States of America. By completing this event registration, both you and the PDRE agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to this event registration, this Agreement and Waiver, the Terms of Use or other use of the PDRE sites. You agree that exclusive jurisdiction for any dispute with the PDRE resides in the courts of the Riverside County in the State of California (and subsequent courts of the other applicable states once our training site and affiliated training center is officially nationally recognized) and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving the PDRE or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

  1. Severability

You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any provision of this Agreement and Waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and Waiver and shall not affect the validity and enforceability of any remaining provisions.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS INCLUDING ALL OF PDRE’S COPYRIGHT NOTICE, DISCLAIMERS, WAIVER OF LIABILITY, CANCELLATION POLICY, PRIVACY POLICY, ETHICS POLICY, CONFLICT OF INTEREST POLICY, AND LINKING POLICY THAT ARE STATED IN THIS AGREEMENT AND WAIVER AND/OR PDRE’S WEBSITE. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.