Waiver of Liability

WAIVER OF LIABILITY

 

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

 

For and in consideration of good and valuable consideration, including, but not limited to online, CPR and/or First Aid / AED / Babysitter and/or Pet First Aid instruction and certification, 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 this online instruction or any subsequent activities arising there from. I further agree to hold harmless CPRFUNDRAISERS.COM for all injuries, be them physical, fiscal or otherwise, that I may inflict upon myself or others as a result of the online or hands-on instruction I receive.

 

Unless otherwise indicated within an online training class, all CPRFUNDRAISERS.COM online training courses are Bystander or Community Level training.  Participants requiring HEALTHCARE PROVIDER level training are hereby advised that the current online programs do not meet HEALTHCARE PROVIDER level training.  Additionally some jurisdictions, such as the State of California, require childcare staff to receive training from a State program approved for childcare workers.  CPRFUNDRAISERS.COM does not participate in the State of California’s EMSA program and no stickers are provided on certification cards or certificates of completion.

 

Participant manuals that are available as download links from the American Red Cross are provided by the American Red Cross free of charge, without purchase of any kind.  CPRFUNDRAISERS.COM only makes the download links from the American Red Cross’ site available a free online training reference.  No relationship exists between the American Red Cross and CPRFUNDRAISERS.COM.  Participant manuals are NOT REQUIRED for participation in online training.

 

By itself, neither the manual nor the online training constitutes complete and comprehensive training. The emergency care procedures outlined within our online training programs reflects the standard of knowledge and accepted emergency practices in the United States at the time the materials were produced. It is the participant’s responsibility to stay informed of changes in emergency care procedures.  The freely downloaded American Red Cross training manuals shall serve as the guide for training and shall override any contradictory information presented throughout any CPRFUNDRAISERS.COM course.  Participants may download free training manuals from the American Red Cross through the link provided within CPRFUNDRAISERS.COM.

 

You recognize and acknowledge that there are certain risks of physical injury involved in this type of training and real life application of these skills in an emergency, and You agree to assume the full risk of injuries, including death, damages or losses which You may sustain as a result of completing an online course of instruction with CPRFUNDRAISERS.COM. You agree to waive and relinquish any and all claims You may have arising out of, or connected with, said course, whether they relate to injuries to myself or others.

 

You understand that if You are participating in a CPRFUNDRAISERS.COM fundraising program You required to click on the link provided by the fundraising organization or on the CORRECT fundraisers page to ensure the fundraising organization receives full credit for Your registration.  Registrations made to the wrong fundraising group are NON-REFUNDABLE and NON-TRANSFERABLE to the correct group.

 

You understand and agree that your participation is required throughout the online class.  Failure to complete the required material within the allotted time may result in the Your not receiving training certification(s) at the instructor’s discretion.

 

No refunds will be available for participants who do not receive their certification(s) based on non-participation or being unable to pass the certification exam.  You understand that you are provided with three (3) opportunities to retake your certification exam and that no further attempt will be available.

 

If you practice skills You are hereby advised that You must SIMULATE the skill being taught / demonstrated.  Delivering actual compressions, thrusts, strikes, etc. may cause injuries and therefore must only be simulated.  You understand that rubber and / or latex gloves may cause allergic reactions in people and that if You begin to experience difficulty breathing, redness, itchy skin or any other unusual medical conditions after putting rubber or latex gloves on you must immediately remove the gloves, wash your hands with soapy water and seek immediate medical assistance as this may lead to a potentially life threatening condition.

 

You understand that You are responsible for verifying the certification requirements of Your employer, school, etc.  You understand and acknowledge that CPRFUNDRAISERS.COM programs are equivalent to Emergency Cardiovascular Care (ECC) national standards / guidelines and that no relationship exists between CPRFUNDRAISERS.COM and The American Red Cross, The American Heart Association or any other training provider.

 

You further understand that The American Red Cross, The American Heart Association or any other training provider logo will not appear on any certification cards or certificates as The American Red Cross, The American Heart Association or any other training provider is not authorized to accredit our training programs.

 

You do hereby fully release and discharge CPRFUNDRAISERS.COM its owner, and employees from any and all claims from injuries, including death, damage, or loss which You may have as a result of Your participation in any training program.

 

You understand and acknowledge that performing emergency life-saving skills on a person experiencing a medical emergency does not guarantee a positive or successful outcome and that injuries and / or death may result from your performance of those life-saving skills.

 

You understand and agree that you will abide by the Emergency Cardiovascular Care (ECC) national guidelines when performing emergency skills to a person experiencing a medical emergency.  You further agree to never perform emergency skills that are outside your level of training.

 

You have read and fully understand and agree to the above stated conditions of participation in this training program.

 

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

 

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

 

  1. Authority to Register and/or to Act as Agent.

You represent and warrant to CPRFUNDRAISERS.COM that you have full legal authority to complete this registration / donation registration 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 / donation fees will be charged. As used in this Agreement and Waiver, CPRFUNDRAISERS.COM includes any and all subsidiaries, affiliated entities, or entities that control or are controlled by CPRFUNDRAISERS.COM singly or together and its owner, 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 CLASS IS POTENTIALLY HAZARDOUS, AND THAT A REGISTERED PARTY SHOULD NOT PRACTICE SKILLS UNLESS THEY ARE MEDICALLY ABLE. PARTICIPATION 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 ONLINE OR A HANDS-ON CLASS, YOU AND ANY REGISTERED PARTY, THE HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS OF YOU OR THE REGISTERED PARTY DO HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE CPRFUNDRAISERS.COM AND THEIR OWNERS AND EMPLOYEES FROM ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS ARISING FROM PARTICIPATION IN THE EVENT BY YOU OR ANY REGISTERED PARTY.

 

  1. Limitation of Liability; Disclaimer of Warranties.

CPRFUNDRAISERS.COM AND THEIR OWNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE CPRFUNDRAISERS.COM 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 CPRFUNDRAISERS.COM 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 CPRFUNDRAISERS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF CPRFUNDRAISERS.COM IS AT YOUR SOLE RISK. INFORMATION, RESUORCES AND MATERIALS USED BY CPRFUNDRAISERS.COM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CPRFUNDRAISERS.COM 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.

 

CPRFUNDRAISERS.COM makes no warranty that CPRFUNDRAISERS.COM services will be uninterrupted, secure or error free. CPRFUNDRAISERS.COM do not guarantee the accuracy or completeness of any information in, or provided in connection with, the CPRFUNDRAISERS.COM site, classes or training materials. CPRFUNDRAISERS.COM is not responsible for any errors or omissions, or for the results obtained from the use of such information from our website, classes, instructors, manuals, videos, photographs or equipment. You understand and agree that any material, data or knowledge received or otherwise obtained from CPRFUNDRAISERS.COM is at your own discretion and risk and that you will be solely responsible for any injuries / deaths, damage to your own computer system or loss of data that results from the download or use of such material and/or data.

 

  1. Indemnification.

You agree to indemnify and hold CPRFUNDRAISERS.COM 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 CPRFUNDRAISERS.COM ‘s services or training programs.

 

  1. Applicable Law; Consent to Jurisdiction.

The CPRFUNDRAISERS.COM site (excluding linked sites) are controlled by CPRFUNDRAISERS.COM from their offices within the State of California, United States of America. By completing this registration, both you, CPRFUNDRAISERS.COM 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 registration, this Agreement and Waiver, the Terms of Use or other use of the CPRFUNDRAISERS.COM site. You agree that exclusive jurisdiction for any dispute with CPRFUNDRAISERS.COM resides in the courts of the State of California 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 CPRFUNDRAISERS.COM or its affiliates, subsidiaries, employees, contractors, owner, 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 REGISTERING TO PARTICIPATE IN A FUNDRAISING PROGRAM YOU INDICATE 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. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE ACCEPTING 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.

Certificate Code Validation

Authorized Training

National training providers such as the American Red Cross and the American Heart Association have no authority to certify any other providers training programs or curriculum other than their own local training centers.

There is no national training authorizing authority as it relates to the issuance of training programs or certifications.

No logos from any other national training provider will appear on CPRfundraising.com's certificates of completion or training certification cards.

Training Standards

CPRfundraising.com training programs have been modeled after the Emergency Cardiovascular Care (ECC) national guidelines for Bystander or Community level CPR training.

All training is OSHA compliant. Requirements for CPR training are issued by individual employers and educational institutions. CPRfundraising.com training certification's should not be used for Healthcare Provider Level training requirements or if you will be working as a childcare provider.

Participants are required to verify that our training standards are acceptable for their needs. If you require a certification card instead of a certificate of completion, please select that option during your checkout.

Disclaimer

Online training participants may find it useful or beneficial to participate in a hands-on skill review session, at the conclusion of their online training, to reinforce presented skills. However, there is no legal requirement to do so. Some employers or schools may have individual policies preferring or requiring hands-on skills practice.

Completing CPR training in an online or classroom environment does not guarantee that your resuscitation efforts will be effective if performed in an emergency environment.

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