Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement
IMPORTANT: You should read this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (the “Waiver”) carefully and in its entirety. It affects your legal rights. Agreeing to this Waiver is a condition of participation in the activities of Greene County Wellness Days.
In consideration of being permitted to participate in Greene County Wellness Days, including access to and/or the use of the property, facilities, services, and equipment of Waynesburg University, I, on behalf of myself, my son or daughter, my spouse, my heirs, and personal representatives, agree to the following terms and conditions:
1. Risks of Activity. By signing this Waiver, I acknowledge that my participation in Greene County Wellness Days is entirely voluntary, and understand that such participation involves a risk of injury and/or death due to certain inherent risks including, but not limited to, the following: contact with other individuals participating in Greene County Wellness Days, contact with the floor, walls, goals, posts, or equipment which are part of the playing area, strenuous exertions, quick movements, and/or sustained physical activity, the terrain, facilities, weather, vehicular traffic, and the actions or instructions of other people including, but not limited to, participants, volunteers, spectators, and coaches. I know, understand, and appreciate these and all other risks that are inherent in my participation and I hereby personally assume all such risks, whether foreseen or unforeseen.
I further understand that the best way to avoid injury is to follow the rules, regulations, and instructions of the staff of Greene County Wellness Days. I agree that I will learn and obey all the rules and regulations and will follow all instructions of the staff of Greene County Wellness Days.
2. Release and Waiver of Liability. I hereby forever release, waive, discharge, and covenant not to sue the person or entity responsible for administering Greene County Wellness Days, Waynesburg University and/or its trustees, officers, employees, staff, coaches, agents, representatives, students or volunteers (the “Releasees”), from any and all liability, claims, actions, demands, expenses, attorneys’ fees, breach of statutory duty or other duty of care, and causes of action whatsoever, that I might now have or may have in the future, arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while traveling to or from, or participating in this Greene County Wellness Days.
3. Physical Condition. I certify that I am physically fit and have not been advised to refrain from participating by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this Greene County Wellness Days. I acknowledge that this Waiver will be used by the organizers of the Greene County Wellness Days in which I may participate and that it will govern my actions and responsibilities at said Greene County Wellness Days.
4. Indemnification. I agree to indemnify and hold harmless the Releasees from any and all liabilities or claims, including all reasonable attorneys’ fees, made or incurred as a result of my participation in this Greene County Wellness Days, whether caused by negligence or otherwise.
5. Permission to Use Image/Likeness. I consent and agree that Waynesburg University and/or its employees, coaches, agents, representatives, or volunteers may take photographs or digital recordings of me as a participant during Greene County Wellness Days and use these photographs and/or recordings, with or without my name, for any lawful purpose, including in any media for training or promotional purposes. I agree that Waynesburg University will have complete ownership of such pictures and/or recordings, including the entire copyright. I waive any rights, claims or interest in the use of such photographs and/or recordings and I understand that I will receive no financial or other remuneration in connection therewith.
6. Miscellaneous. This Waiver shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.