HOLD HARMLESS AND RELEASE FROM LIABILITY AGREEMENT FOR USE OF THE ALBUQUERQUE FIRE ACADEMY FACILITY 18 YEARS OLD OR OLDER
I, hereinafter “Participant/User”, on my own behalf, enter into this HOLD HARMLESS AND RELEASE FROM LIABILITY AGREEMENT (“Agreement”) with the City of Albuquerque in Albuquerque, New Mexico.
1. Participant/User desires to participate in training or otherwise using the Albuquerque Fire Academy Facility. The intent of this Agreement is to preclude any and all claims against the City of Albuquerque arising from and relating to any and all injuries or property damages the Participant/User may suffer as a result of attending or participating in any of the training or other activities at the City of Albuquerque Fire Academy Facility.
2. For consideration, including but not limited to, being permitted to participate in the training activities, Participate/User and the City of Albuquerque agree as follows:
(a) Participant/User will HOLD HARMLESS and RELEASE FROM LIABILITY the City of Albuquerque from any and all claims, actions, and judgments, including costs and attorney’s fees, from any injury, up to and including: death, or property damages arising from or related to Participant/User’s participation in any and all training or other activities, whether official or unofficial, INCLUDING NEGLIGENT CONDUCT BY THE CITY OF ALBUQUERQUE.
(b) For the purposes of this Agreement, the City). of Albuq4erque includes all personnel, agents, or employees, therein, acting in their official or unofficial capacity.
( c) This Agreement is limited solely for the purpose of the aforementioned activities and does not bind the City of Albuquerque in any other manner whatsoever.
(d) The Training and physical activity and use of the City of Albuquerque Fire Academy Facility is completely voluntary, whether official Of unofficial, and Participant/User or the City of Albuquerque can stop participation at any time, for any reason. Participant/User recognizes that this training/use activity is an opportunity provided by the City of Albuquerque and is valued consideration accepted in exchange for this Agreement.
(e) Participant/User acknowledges that he or she has been provided the opportunity to ASK ANY QUESTIONS as to any of the risks foreseeable in connection with the aforementioned activity. Participant/User acknowledges that he or she was provided the opportunity, at their request, to discuss the terms of this Agreement with family, friends, legal counsel, medical personnel, or anyone else they desire. Counsel will not be provided to the Participant/User at the expense of the City of Albuquerque.
ASSUMPTION OF RISK FOR MEDICAL ISSUES
(f) Participant/User accepts ANY AND ALL RISK for their medical conditions and agrees to HOLD HARMLESS and RELEASE FROM LIABILITY the City of Albuquerque from any and all injuries, up to and including death, stemming from the activities outlined above that may occur from ANY MEDICAL CONDITION, whether disclosed, undisclosed, known, or unknown by either party.
(g) Participant/User acknowledges that he or she has a CONTINUING OBLIGATION to disclose a change in their medical condition.
(h) Participant/User, by signing this Agreement, fully understands that the physical training is designed to be EXTREMELY DANGEROUS.
(i) Participant/User or the City of Albuquerque CAN STOP PARTICIPATION in any activity or event at any time, for any reason.
G) The physical activity and events could include stair climb, running, jumping, pushing, pulling, standing, and carrying heavy objects.
(k) Participant/User acknowledges that he or she has n9t relied on ANY REPRESENTATIONS, whether explicitly or implicitly made, other than the written terms outlined above and that ONLY THE WRITTEN TERMS of this contract represent the full and complete Agreement.
(1) This Agreement will remain in force for any and all use or training activities while the Participant/User is on the City of Albuquerque property, regardless of whether the Participant/User leaves and then returns to the property for additional training.
(m) In consideration of my voluntary participation in the use/training activities, Participant/User acts and agrees to this terms of this Agreement on behalf of Participant/User, and Participant/User’s executors, administrators, heirs, next of kin, successors and assigns.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AW ARE THAT THIS IS A WAIVER AND RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
If you are not able to fulfill your commitment to attending the NMCPAT, we’re here to help.
You have 15 calendar days to request a refund from the date you purchase a spot in our classes. Refunds requests are not accepted after 15 calendar days.
Please click here to contact us and let us know you would like a refund. Once we receive your request, we will review and notify you when your refund has been processed.
If your refund is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a 3-14 days, depending on your card issuer’s policies.
NMCPAT will share your private information, upon request, with the fire department you have indicated as your preference. This is the information you provided on the initial CPAT registration form.
Your financial information will never be shared, nor will NMCPAT share any of your private information with marketing firms, third-party vendors, social media ad firms or any public or private institution other than the Fire/EMS department you specify on your initial application.
If you have any questions on how to request a refund for your booking, please contact us.