In consideration of your accepting this entry, I, the below signed, intending to be legally bound, for myself, my heirs, my executors and administrators, waive and release and any all rights and claims for damages I may have against the race, and sponsors and their representatives, successors and assigns for any and all injuries suffered by me in said event. I attest that I will participate in this event as a footrace, that I am physically fit and sufficiently trained for the completion of this event. Furthermore, I hereby grant full permission to use my name and likeliness, as well as any photographs and any record of this event in which I may appear for any legitimate purpose, including advertising and promotion.
Mt. St. Joe Waiver:
I, the undersigned, agree to the following:
Assumption of Risk: I understand the physical, health, and wellness risks to my person associated with the Activity and assume all such risks. I understand that while there may be a University representative or employee (the “Representative”) present at or participating in the Activity and/or traveling with me during the Activity, the University is under no obligation to have a Representative present at all times during the Activity and/or traveling with me at all times during the Activity. Any such Representative present for any portion of the Activity may discontinue participation at any time.
Indemnification: I shall indemnify the University and hold harmless its officers, directors, agents and employees from all liability, losses, costs, claims, damages, and expenses, including attorney’s fees, arising or claimed to have arisen out of personal injuries or death, or property damage or loss, sustained by me as a result of participating in this academic, athletic, or University-supported Activity, however caused, including, without limitation claimed negligence on the part of University employees, other participants, or third-parties. In addition, I shall indemnify the University, its officers, directors, agents and employees from all liability, losses, costs, claims, damages, and expenses, including attorney’s fees, relating to claims or injury arising from my own negligence or intentional acts during my participation in this Activity (including travel to and from the Activity sites) and I hereby RELEASE and forever DISCHARGE the University and its officers, directors, agents and employees from all such liability, loss, costs, claims, damages, or expenses.
Waiver of Losses: I understand that the employee(s) and/or representative(s) of the University involved in the Activity are acting in their respective capacities as agents of the University, not individually, and hereby waive any and all claims I may have or purport to have against the University or against employee(s) and/or representative(s) individually for losses occasioned by any changes as they apply to the nature of this Activity, to provide such services on a timely basis or for the failure to provide them at all.
Right to Alter or Cancel Activity: The University has the right to make cancellations, changes, or substitutions in the Activity, including but not limited to, changes to the agenda, program, assigned employee(s) and/or representative(s), travel arrangements, or arrangements for other services, in the event of causes beyond its reasonable control, significantly changed conditions, or changes in the interests of the University as determined solely by the University.
Personal Property: I am solely responsible for obtaining and keeping safe my personal possessions, documents, money, travel tickets (as needed), and other property at all times during the Activity, and I hereby WAIVE and RELEASE the University, and any employee(s) or representative(s) from any and all claims for expenses or losses of any nature and amount due to my failure to do so.
Medical Emergency and Payment: In the event of illness or injury requiring medical care, I hereby authorize the University and its employee(s) and/or representative(s) to contact emergency services, if needed, or transport me to an appropriate medical facility, if requested. I authorize the University to notify my emergency contact on record. I hereby assume both physical risk associated with and responsibility for any medical treatment. It is my responsibility to obtain and maintain adequate health insurance at the time of the Activity.
University Policies: I understand that during the Activity I must obey any and all University rules and policies, and that my failure to do so during the Activity may result in disciplinary proceedings against me that could result in sanctions including, but not limited to, dismissal from the University or termination of employment (as applicable). I am aware that a violation of any University rules or policy during the Activity may result in being removed from the Activity, and that I will be responsible for all Activity costs and any additional costs resulting from my conduct, removal, and/or dismissal.
Governing Law: I understand that this University Activity Waiver and Release has been entered into in the State of Ohio, and the validity, interpretation and legal effect of this agreement shall be governed by the laws of the State of Ohio. The Ohio courts (state and federal) shall have sole jurisdiction over any controversies regarding this agreement, and any action or other proceeding which involves such a controversy shall be brought in those courts, and not elsewhere. If any part of this agreement shall be judged by a court of competent jurisdiction to be invalid, such judgment shall not affect the remainder of this agreement, which shall continue in full force and effect, or the application of this agreement to the remaining parties.
Competency: I hereby certify that I am at least 18 years of age and competent to contract in my own name. I have read this University Activity Waiver and Release before signing below and warrant that I fully understand and agree to its contents.
EXECUTION FOR MINORS:
If this University Activity Waiver and Release is being executed on a behalf of an individual who is not 18 years of age, it must be executed by the individual’s legal parent or guardian as set forth below.
I affirm that I am the parent or legal guardian of the individual identified above and have legal right to consent to this agreement on said individual’s behalf.