Applicable Legal Terms

As we want to be able to provide good services at an affordable price, we do ask that you waive some legal rights and sign a liability release. Doing so helps to keep our courses available, but you should read and review this section as it does affect your legal rights.

In exchange for the ability to participate in an event, lesson, course, or other activity hosted or arranged by Making Tracks Earth Education, LLC (“Making Tracks”), you agree to the following:

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1. Agreement to Follow Directions and Rules.
You agree, and represent that any minor participants you registered have also agreed (after a discussion with you), to observe and obey all rules, warnings, instructions, and directions posted, communicated, or otherwise made known to you, or your participants you registered, by Making Tracks or one of Making Track’s instructors, including without limitation the Emergency Response Policy and the rules below. You agree that any person not following directions, instructions, rules, or warnings may be removed from a class with no refund provided.

• Course Rules
  The following rules apply in all of our courses and events. Additional rules and directions may be provided by the instructor or event coordinator.

  • ​Safety first, fun second. Any unsafe behavior may result in removal from class. Be safe to have fun.

  • Honest Communication. Participants will be truthful with themselves and others.

  • Self-Supervision. Participants will take responsibility for themselves and their belongings.

  • Sensitivity Towards Others. Participants will be respectful of other people, other people's belongings and the outdoors.

  • Responsibility for Belongings. Making Tracks is not responsible for lost or forgotten items. Participants will ensure they keep their belongings with them.

  • No Pets. Pets are not permitted during class.

  • Three strikes and You Are Out. If an instructor has to ask a Participant to change behavior the Participant will get a warning. If an instructor asks the same Participant to change behavior twice the instructor may talk with the Participant or the Participant’s parents or guardians. If an instructor has to ask a Participant to change behavior a third time it may result in the Participant’s removal from class without a refund.

  • No Illegal Drugs. Use of illegal/illicit drugs or alcohol is not permitted and will result in immediate removal from class without a refund. Participants will inform an instructor any time they must take prescribed medicine as they do so.

  • No Advances. Fraternization of any kind is prohibited during class. Any sexual advances or misconduct will result in removal from class without a refund. If you feel someone is acting inappropriately towards you in class, please immediately notify an instructor.

  • Include Others. No discussing politics or religion during class time. This is a judgment free zone and an all inclusive environment. Bullying is not permitted and also may result in removal from class without a refund.

• Knife Safety Rules.
  To bring a knife to class, or to use a knife in class, Participants must be 7 years of age or older. Knives must be between 3-6 inches long. Additionally, if the knife folds, it must lock in the unfolded position. If the knife does not fold it must have a sheath. All knives must be kept sharp and clean. If a Participant wants to bring a knife to utilize in class, the Participant must first memorize and explain the Knife Safety Rules below. Once the Participant has completed this and successfully demonstrated knowledge of the rules to an instructor, the Participant may bring a knife to class to use according to the Knife Safety Rules. All Participants are responsible for knowing and abiding by the Knife Safety Rules. A Participant must be able to recite and explain the 5 rules of knife safety without using notes (must be at least one class period after learning the Rules).
  Failure to abide by these rules may result in knife confiscation for the day. If the instructor determines, in the instructor’s sole discretion, that you present a danger to others in any way, the instructor may also remove you from class without a refund.

  • Must always ask a staff member permission to use your knife.

  • Do not cut yourself.

  • You must utilize a blood bubble.

  • You must carve safely.

  • You must take proper care of your knife.​

 

2. Assumption of Risk and Release/Indemnification.
You acknowledge and agree that earth education cannot be fully taught or learned in an environment free of all risks as it involves being in nature. Accordingly, you are knowingly, for yourself and the participants you registered, assuming all risks associated with participating in a course or event hosted or arranged by Making Tracks. You assume full responsibility for any injuries you incur or the participants you registered incur as a result of participating in such events. You agree that you and the participants you registered will not make any claim against Making Tracks for any injuries or damages that arise during a course or event with Making Tracks. You agree, for yourself and your participants you registered, to release and hold harmless Making Tracks from any and all claims, liabilities, damages, judgments, cost, expenses, and other legal items that may arise (“Claims”), whether arising in tort, negligence, strict liability, or otherwise. You agree to indemnify and hold Making Tracks harmless for any Claims you or the participants you registered cause to Making Tracks or others participating with Making Tracks, including without limitation by a breach of this agreement.

 

3. Covid-19 Risk.
Anytime you participate with people, there is a risk of contracting Covid-19, including at Making Tracks events. Making Tracks strongly recommends you wear a face mask or other protective facial coverings to help protect you and other participants from contracting Covid-19. However, Making Tracks does not police the use of face masks, and does not police vaccination status, unless required to do so by applicable law. Whether or not you use a face mask, you agree to fully release Making Tracks of any liability associated with contracting Covid-19. Further, in the event you have a fever, cough, Covid-19 symptoms, or have tested positive for the virus, you agree to notify Making Tracks and not participate in any in person courses or events until a minimum of two weeks following the last day of your symptoms. If you test positive, you agree to not attend any in person courses or events until you have completed all requirements of the applicable governmental entity having jurisdiction over you or over the location the course or events are offered.

 

4. Damages/Fees.
You agree to pay for all damages to any facilities, to Making Tracks, or to others that arise as a result of your negligent, reckless, or willful actions. You agree that Making Tracks can refuse to admit you to a class, course, or event until you have paid for any damages owing under this section.

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5. Medical Authorization.
You give permission for Making Tracks to seek and authorize medical care or attention on your behalf as Making Tracks may feel is appropriate for the situation or circumstances, including without limitation calling 911 or requesting/authorizing a licensed medical physician and/or treatment at a hospital. You agree to be responsible for all medical treatment authorized or requested by Making Tracks, and you agree that it is appropriate for Making Tracks to err on the side of caution when requesting medical services. You agree that Making Tracks may require a participant to see competent medical professionals before resuming a course or event.

 

6. Photo and Video Release.
You agree that Making Tracks can use your likeness and image, and the likeness and image of those you registered, in photographs, videos, or other items for marking purposes in any printed, digital, or online form. You grant Making Tracks a worldwide, perpetual, irrevocable, and royalty-free license to use such likeness and image and fully release all claims you or the participants you registered may have as a result of such use.

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7. Cancellation Policy.

Making Tracks’ cancellation and refund policy is available online at https://www.makingtracks.co/terms-conditions. You agree that you have reviewed this policy and agree to abide by the refund amounts listed in the chart below:

• If You Cancel 24 hours before event: No refund

• If You Cancel 2-6 days before event: 50% refund

• If You Cancel 1 week+ before event: Full refund, less payment processing fees

• If Making Tracks Cancels at Any Time: Full refund for the cancelled event(s)

You agree to monitor your email for notifications of any classes that are cancelled or moved to another time. You agree that classes may be cancelled and schedules changed based on a variety of factors, including Covid-19, weather, or other items.

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8. Applicable Law.

Utah law, without regard to the associated conflicts of laws principles, governs this agreement and any interactions or claims between Making Tracks and you or the participants you registered. Any and all legal actions shall first be submitted to mediation, with both parties agreeing to participate in mediation within 45 days of receiving a written demand for mediation. If mediation is not successful, or a party refuses to mediate, the parties agree to only file a legal action in the state or federal courts located in Salt Lake County, Utah. All parties submit personally to the jurisdiction of such courts and waive any defenses based on forum or venue.

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9. Severability.

f any provision of this agreement is not enforceable for any reason, such provision shall be severed from this agreement and the remainder of the agreement still enforced.

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10. Entire Agreement. This agreement, along with the terms and conditions and privacy policy contained on Making Tracks’ website at https://www.makingtracks.co and the provision of the instruction you paid to receive, form the entire agreement of the parties and there are no other oral or side agreements between the parties. All other representations not listed in this agreement or in the other agreements stated in this section are superseded and replaced with the listed written agreements.