2022 Winter Institute Policies

Assumption of Risk  |  Activities  |  Participation Waiver & Release
Cancellation & Refunds  |  Photo, Video & Email Release

Verde Valley School Waiver of Liability, Assumption of Risk and Indemnity Agreement

• I understand that I may engage in Physical Activities both on and off School property and that Physical Activities may or may not be sponsored by the School. Such Physical Activities may involve a risk of injury or other harm to me and/or damage to my property.
  
  
• I understand that participation in Physical Activities carries with it certain inherent risks that cannot be eliminated regardless of the care or precautions taken. Risks vary from one Physical Activity to another, and may range from minor injuries (i.e., scratches, bruises and sprains), to major injuries (i.e., eye injury or loss of sight, joint, bone or back injuries and concussions), to catastrophic injuries (i.e., paralysis or death). Injuries can be caused by various reasons, including my own actions, inactions or negligence; the actions, inactions, or negligence of others, including the School and its agents, as well as from equipment and/or facilities that I may use or enjoy in the course of participation in Physical Activities. I further understand that Physical Activities (including equipment and/or facilities relating thereto) may involve or include risks and/or hazards that either are not known, or not reasonably foreseeable by me, the School or its agents.
  
  
• In consideration of being permitted to participate in any way in Physical Activities, I hereby release, waive, discharge and covenant not to sue the School, its trustees, officers, faculty, staff and agents from liability for any and all claims resulting in personal injury, accidents or illness (including paralysis or death), and property loss or damage arising from or relating to my participation or involvement in Physical Activities.
  
  
• If, during participation in a Physical Activity, I observe any circumstances or condition that reasonably constitutes an unusual or significant hazard of any kind, or which may reasonably lead to injury to myself or another individual, or damage to property (including, Participant’s property), I agree to immediately withdraw from such Physical Activity, and report such circumstances or condition to the nearest available instructor, employee or agent of the School.
  
  
• I expressly agree to indemnify, defend and hold the School (including its trustees, officers, faculty, staff and agents) harmless for, from and against any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of or relating in any way to my participation or involvement in a Physical Activity.
  
  
• I further expressly agree that the foregoing waiver, assumption of risk and indemnity is intended to be as broad and inclusive as permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in legal force and effect.
  If, for any reason, a court invalidates any part of this Agreement, I agree to waive, release and not assert any claim for punitive damages against the School or its agents.
  
  
• The following Physical Activities below may be engaged in during the ISEEN event. I shall be deemed to have waived liability and assumed risk by virtue of the execution of this agreement and by participation in the activity.

Activities Policies

Participant, please read each description carefully. Physical Activity may include but is not limited to:

HORSEBACK RIDING

I understand that horses (meaning all equine species) are wild animals and horseback riding (meaning riding or otherwise handling horses, ponies, mules or donkeys, whether from the ground or mounted) is classified as a rugged adventure recreational sport activity, carrying with it numerous obvious and non-obvious inherent risks that cannot be eliminated despite all safety precautions.  I understand that horseback riding is an inherently dangerous activity and that there are numerous obvious and non-obvious inherent risks that cannot be eliminated despite all safety precautions, including, without limitation, significant risk of catastrophic injury (including permanent paralysis and death).  No horse is a completely safe horse.  Risks and hazards include, but are not limited to, risks related to the horse’s behavior, such as stopping short, changing directions or speed, shifting weight, buckling, rearing, kicking, biting or running from danger, and other general risks, such as cold and wet weather, loose rock, uneven trails, the potential for falls and the occurrence of acts of nature that can scare a horse, cause it to fall or react in some other unsafe way.  I understand that upon mounting a horse and taking up the reins, I am in primary control of the horse and my safety largely depends on my ability to carry out instructions and to remain balanced aboard the moving animal.  I am responsible for my own safety and that of an unborn child, if I am pregnant.  Pregnant women should ride a horse only under the advice of their physician.  It is acknowledged and agreed that protective headgear must be worn  while riding on horses.

MOUNTAIN BIKING 

I understand that mountain biking is an inherently dangerous activity and that there are numerous obvious and non-obvious inherent risks that cannot be eliminated despite all safety precautions, including, without limitation, significant risk of catastrophic injury (including permanent paralysis and death).   Risks and hazards include, but are not limited to, cold and wet weather, loose rock, uneven trails, and the potential for falls, lightning, and travel to and from the biking sites.  It is acknowledged and agreed that protective headgear must be worn while mountain biking.

ROCK CLIMBING

I understand that rock climbing is an inherently dangerous activity and that there are numerous obvious and non-obvious inherent risks that cannot be eliminated despite all safety precautions, including, without limitation, significant risk of catastrophic injury (including permanent paralysis and death).  Risks and hazards include, but are not limited to, cold and wet weather, loose rock, uneven trails, and the potential for falls and lightning.  It is acknowledged and agreed that protective headgear must be worn while taking part in technical rock climbing (helmets are not required to be worn while bouldering or at indoor climbing gyms).

OFF CAMPUS TRAVEL

I understand that travel carries with it inherent obvious and non-obvious risks that cannot be completely eliminated regardless of the care or precautions taken, including risk of injury (including permanent paralysis and death) and damage to property.  I acknowledge and agree that the School cannot supervise all travel.  I further understand and agree to be responsible for supplying any and all money necessary for travel not included in the ISEEN program.

• We hereby grant the School a no-charge, royalty-free, perpetual, revocable and non-exclusive license to use, publish and reproduce the my image or likeness in the School’s literature, promotional materials, advertising, displays or any other publication (whether in print, on radio or television or over the internet, including on the School’s website).  I acknowledge and agree that my name, a description of activities, state or country of residence or citizenship, and my quotes may accompany any such publication.  I further agree that the foregoing license shall remain in effect unless and until expressly revoked in writing.
  
  
• I hereby acknowledge and represent that I am covered by personal health, accident and liability insurance sufficient to cover any injuries suffered or inflicted by me.  I further understand and agree that I, as the undersigned, will be personally liable for any and all medical and dental related costs (including medical transportation or evacuation), which are not deemed to be covered or paid by my insurance policy
  
  
• I agree that the laws of the State of Arizona will govern this agreement, without regard to the principles of conflicts of laws.  Any disputes arising from or relating to this agreement shall be resolved exclusively in the courts situated within Yavapai County, Arizona.

Participation Waiver & Release

In consideration of the services of the Independent School Experiential Education Network, a not-for-profit corporation organized and existing under the laws of the State of Texas, with its principal offices in Washington State (“ISEEN”), I, the undersigned, acknowledge and agree as follows:

• I expect to participate in a number of activities of a recreation, game and sporting nature while attending the 2022 ISEEN Winter Institute (including pre and post-conference activities) in Sedona, AZ.

• Activities may include hiking, or walking, over uneven terrain which may be slippery, rocky and uneven and may be adjacent to bodies of water; indoor and outdoor rock and wall climbing; rappelling into a sinkhole of at least 100 feet; moving about natural and man-made structures of historical and other interest; and traveling by public transit throughout Arizona. These and other activities are optional and will be explained by the staff. Any loss which I may suffer during activities conducted by a party other than ISEEN is the responsibility of that party, not ISEEN, and disputes arising out of that party’s performance must be resolved solely with that party, and not with ISEEN.

• The risks of participating in the activities include slips and falls, abrupt contact with other persons and fixed objects, exposure to the natural elements including heat and cold; interaction with third parties not under the control of ISEEN; possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. These risks are inherent in the activities; that is, without them, the activity would lose its basic character and appeal. These risks and others may cause bruises, sprains, illness and disease, serious injuries and even death. I understand and assume all risks of the activities, inherent or not and whether or not described above.

• COVID-19 : The threat of the novel Coronavirus, and COVID-19, the disease caused by the virus, requires that participants be aware of the characteristics of the disease and preventative measures to reduce the chances of infection of participants and staff. Participants must read carefully and understand, and comply with ISEEN’s Covid-19 statement:

At the Winter Institute, participants will adhere to CDC recommendations on how to keep themselves and others healthy:

• Avoid close contact with people who are sick.
• Avoid touching your eyes, nose, and mouth with unwashed hands.
• Wash your hands often with soap and water for at least 20 seconds. Use an alcohol-based hand sanitizer that contains at least 60% alcohol if soap and water are not available. 

Participants in ISEEN activities must, among other requirements: 1) provide a copy of their COVID-19 Vaccination Card 2) be free of infection and circumstances (including recent travel and exposure to others) which might indicate the possibility of infection, 3) frequently sanitize hands and equipment, 4) minimize close personal contact with others and wear a face cover as required by applicable requirements, and 5) immediately report to staff any condition or conduct which might indicate the presence of,  or contribute to the spread of, the virus or any other communicable disease and remove themselves from the activity or condition. Participants also agree to abide by any other safety measures (i.e. testing prior to arrival, rapid testing on-site) that may be added prior to the event.

If COVID-19, or any other communicable disease, is suspected to have been contracted in connection with an ISEEN activity, and contact tracing is sought by a government health authority, I agree that ISEEN may give to that authority whatever information it has to allow the authority to contact me.

I hereby release, indemnify and agree not to sue ISEEN, its employees, staff, and directors and the employees, staff and directors of Verde Valley School (“Released Parties") with respect to any liability, claim, or expense in any way associated with my being enrolled in or participating in the activities by whomever they are conducted, or the use of any equipment or facilities in any way related to the activities or the premises on which they are conducted. These agreements of release and indemnity include losses caused or alleged to be caused in whole or in part by the negligence of a Released Party to the fullest extent allowed by law and include claims for personal injury, property damage, illness or disease, wrongful death, breach of contract, or any other type of suit (not including claims for gross negligence or willful or wanton conduct).

I agree that the substantive law of the State of Washington governs this document and any dispute or suit I have with a Released Party. Any mediation, suit, or other proceedings must be filed or entered into, and maintained, only in Washington. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.

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Cancellation & Refund Policy

Should registration numbers not be robust enough to support a meaningful experience for all attendees, ISEEN has the right to cancel the Institute (a full refund would be provided to registered attendees). For events that are canceled due to any other event that is beyond our control (Act of God, etc.) ISEEN will refund all registration costs. ISEEN will not be responsible for refunding other costs incurred by attendees connected to the Institute.

Refund requests must be submitted in writing to [email protected]. Each request will be reviewed individually. A colleague may be substituted at no fee or, if you cancel without substituting your place, the refund policy below will go into effect.

• Cancellation greater than 61 days prior to the Institute: 90% refund
• Cancellation 60-30 days prior to the Institute: 50% refund
• Cancellation under 30 days prior to the Institute: 0% refund

COVID-19 Refunds: We understand that we are living in a world where large in-person events are being guided by local health authorities. In the event public health dictates that we are not able to gather in January 2022 and ISEEN is forced to cancel the Institute, we will refund registration fees (less a $75 administrative fee).

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Photo, Video, and Email Release

By registering, I grant to the Independent Schools Experiential Education Network, their representatives and employees the right to take photographs or video recordings of me and my property in connection with my attendance and/or presentation(s) during the Institute. I authorize ISEEN, their assigns and transferees to copyright, use and publish the same in print and/or electronically. I agree that ISEEN may use such photographs or video recordings of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content. (Images will not identify the individual unless specific additional permission is sought.) I understand that there is no compensation to me for this use. 

I authorize ISEEN and verified Sponsors of the 2022 Winter Institute access to the personal information I submitted on my registration form. I authorize ISEEN and verified Sponsors to send emails to the address provided before, during, and after the conference, with the understanding that I may opt-out or unsubscribe at any time.

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