Waiver of liability

Participant Agreement, Assumption of Risk, and Release of Liability

1 · What this covers

This agreement applies to my participation in any Pangea Academy in-person program, including campus immersions at the Taos property, month-long field study, international field study, construction printer training, and any site visit, demonstration, work session or transport connected with them (each, a “Program”).

“Pangea Academy” means Pangea Academy, a New Mexico non-profit corporation, and its directors, officers, employees, instructors, volunteers and contractors, and the owners of any property where a Program takes place.

2 · What I am undertaking to do

A Program is a working construction site, not a classroom. I understand and accept that it involves, among other things:

• sustained heavy physical work, including repeated impact work such as compacting earth in tires with a sledgehammer;
• working at height, on and around walls, vaults, scaffolding and roofs;
• excavation, trenches and work around open ground;
• hand and power tools, and heavy machinery including construction printing equipment;
• wet cement, lime, concrete and other caustic or irritant materials;
• lifting, carrying and moving heavy and awkward loads;
• an elevation of approximately 7,000 feet at the Taos campus, which reduces exertion tolerance, increases dehydration, and affects some people severely;
• sun, heat, cold, wind, lightning and rapid weather change at that elevation;
• a remote location where emergency medical response is measured in tens of minutes, not minutes;
• unpaved access roads and vehicle travel to and between sites;
• livestock, dogs, wildlife, insects and snakes on a working ranch; and
• risks that are not listed here and risks that are not known to anyone.

I understand that these activities can cause serious injury, permanent disability or death, and damage to or loss of my property. I am choosing to take part anyway, freely and voluntarily, and I accept those risks — including risks arising from the ordinary negligence of Pangea Academy.

3 · Release and covenant not to sue

To the fullest extent permitted by New Mexico law, I release Pangea Academy from, and covenant not to sue it for, any claim, demand, action or cause of action for loss, damage, injury or death arising out of my participation in a Program, my presence on the premises, or my travel to or from them, whether or not caused by the ordinary negligence of Pangea Academy.

4 · Indemnity

I will indemnify and hold Pangea Academy harmless from any loss, liability, damage or cost it incurs as a result of my own negligence or my breach of this agreement. This indemnity does not extend to Pangea Academy’s own gross negligence or willful misconduct.

5 · Fitness to participate, and medical care

I confirm that I am physically able to take part in the activities described in Section 2, and that I have disclosed to Pangea Academy in advance anything about my health, fitness, medication or allergies that might affect my safe participation or the care I would need in an emergency.

I authorize Pangea Academy to summon emergency medical assistance on my behalf and, if I am unable to consent for myself, to consent to emergency medical, dental or surgical treatment. I am responsible for the cost of any medical treatment, ambulance or evacuation.

6 · Insurance

Pangea Academy does not provide medical, accident, liability, property or travel insurance for participants. I am responsible for carrying my own, and for any program outside the United States I confirm that I hold travel and medical coverage valid in that country, including emergency evacuation.

7 · Instructions, equipment and conduct

I will follow the safety instructions given to me, use the protective equipment provided or required, and work within the limits I am given. I understand that Pangea Academy may remove me from a Program, without refund, if my conduct is unsafe, if I am impaired, or if I will not follow those instructions — and that this is for the protection of everyone on site.

8 · Who this binds

This agreement binds me, my spouse, my family, my heirs, my assigns and my personal representatives.

9 · Governing law, venue, and severability

This agreement is governed by the laws of the State of New Mexico, without regard to its conflict of laws rules. Any dispute arising under it will be brought in the state or federal courts located in Taos County, New Mexico.

If any provision of this agreement is held unenforceable, that provision will be limited or struck only to the minimum extent necessary, and the remainder of this agreement will remain in full force and effect.

10 · My acknowledgments

1. I have read this agreement, I understand it, and I sign it voluntarily as my own free act and deed.
2. No oral representation, statement or inducement apart from this written agreement has been made to me.
3. I am at least eighteen (18) years of age and fully competent to enter into this agreement.
4. I understand that I am giving up substantial legal rights, including the right to sue for ordinary negligence.
5. I enter into this agreement for full, adequate and complete consideration, fully intending to be bound by it.