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 Men’s Basketball Elite Camp.
In consideration of being permitted to participate in Men’s Basketball Elite Camp, 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 Men’s Basketball Elite Camp 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 Men’s Basketball Elite Camp, 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 Men’s Basketball Elite Camp. I agree that I will learn and obey all the rules and regulations and will follow all instructions of the staff of Men’s Basketball Elite Camp.
2. Release and Waiver of Liability. I hereby forever release, waive, discharge, and covenant not to sue the person or entity responsible for administering Men’s Basketball Elite Camp, 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 Men’s Basketball Elite Camp.
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 Men’s Basketball Elite Camp. I acknowledge that this Waiver will be used by the organizers of the Men’s Basketball Elite Camp in which I may participate and that it will govern my actions and responsibilities at said Men’s Basketball Elite Camp.
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 Men’s Basketball Elite Camp, 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 Men’s Basketball Elite Camp 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.
WAYNESBURG UNIVERSITY STUDENT-ATHLETE SOCIAL MEDIA AGREEMENT
Playing and competing for Waynesburg University is a privilege. As a member of Waynesburg University athletics, you have the responsibility to, at all times, govern your actions in a way that reflects positively on your team, your family and Waynesburg University. The use of social media (such as blogs, Twitter, Facebook, Instagram, Pinterest, Snapchat, dating applications like Bumble, Tinder, Hinge, etc.) has become a popular and prevalent way in which individuals, including student-athletes, communicate and interact with one another. Consequently, third parties are able to publically access and view information about you and Waynesburg athletics.
It is your responsibility, as a student-athlete, to use social media in a way that reflects well on both you and the University for which you play. Inappropriate material that is posted or displayed through social media can negatively impact the portrayal of the student-athlete experience at Waynesburg, the University’s PAC and NCAA compliance efforts, your athletic and academic career, and your pursuit of potential educational and/or employment opportunities following your time at Waynesburg.
As a student-athlete during the academic year, you agree to responsibly use social media in accordance with the terms set forth in this Agreement. For purposes of this Agreement, “use” is defined broadly and includes, but is not limited to, “posting,” “commenting” “liking,” “sharing,” “tweeting,” “blogging,” “retweeting” or any other utilization of social media.
Accordingly, you agree that you shall not use social media:
1. In violation of (or in a manner that encourages or condones any violation of) the policies of Waynesburg University governing students, which includes, but is not limited to, the University’s Student Code of Conduct.
2. To display, discuss, reference, condone or encourage the use of alcohol, illegal drugs, drug-related activity or tobacco. This even includes any social media use that displays or depicts alcohol, drugs, drug paraphernalia, and tobacco. By way of example, a picture of a student-athlete holding a beer can, beer bong, smoking pipe or a shot glass is considered to be a violation of this Agreement.
3. To display, discuss, or depict content of a sexual, obscene, profane or vulgar nature. This includes nudity (personal or otherwise), comments and links to websites of a pornographic nature and other inappropriate material.
4. To engage in any conduct that is unsportsmanlike, defamatory, derogatory, demeaning or threatening toward any other individual or entity. By way of example, the posting of derogatory comments regarding another institution or student, or taunting aimed at student-athletes, coaches or teams at other institutions is strictly prohibited.
5. To display, depict, condone or encourage unacceptable, violent or illegal content or activities such as bullying, hazing, sexual harassment/assault, gambling, discrimination, fighting, vandalism, academic dishonesty, underage drinking, and illegal drug use.
6. That would constitute a violation of PAC or NCAA rules. By way of example, comments about a prospective student-athlete, providing information related to sports wagering activities, and soliciting impermissible extra benefits.
7. To disclose information that is sensitive or personal in nature, or that is proprietary to the Waynesburg Athletic Department or the University. Examples of proprietary (or non-public) information includes, but is not limited to, future team schedules, student-athlete injuries and eligibility status, or travel plans/itineraries or information.
Failure by a Waynesburg student-athlete to adhere to the above-guidelines regarding responsible social media use may result in discipline, up to and including, dismissal from the team.
In order to safeguard yourself and ensure your continued compliance with this Agreement, the Athletic Department recommends that its student-athletes adhere to the following responsible use security measures:
a. Set all social media accounts to have the maximum amount of privacy/security settings available;
b. Only accept friend/follower requests from people you know;
c. Do not follow or remove friends whose social media content violates this Agreement;
d. Do not post private information about yourself or others. By way of example, do not list cell phone numbers, addresses, scholarship information, social security numbers, banking information, etc.
e. Do not post content on social media when you are angry, sad or otherwise affected by emotions that could skew your best-judgment.
Finally, the Athletic Department retains the right to actively monitor student-athlete’s social media accounts for potential violations of this Agreement. Suspected violations of this agreement may be reported.