College of the Holy Cross

Waiver and Assumption of Risk for Recreational Programs

IN CONSIDERATION of being permitted to take part in recreational programs at the College of the Holy Cross (“College”), including but not limited to Club Sports, Intramurals, or other programs provided by the College, including the use of athletic equipment and facilities (“Programs”) I, on behalf of myself, my personal representatives, heirs, assigns, and next of kin, hereby acknowledge, agree, represent, and warrant that:

1. I understand and acknowledge that I have voluntarily chosen to take part in Program(s).
2. I understand and acknowledge that the Program(s) and any related activities, by their very nature, pose the potential risk of serious injury/illness to individuals who participate in such activities. I also realize that the Program(s) may be strenuous, and that I have the option to seek the advice of a physical before I participate in Program(s). I understand and acknowledge that some of the injuries/illnesses which may result from participating in Program(s) include, but are not limited to contusions; muscle strains and sprains; broken bones; lacerations; cardiac malfunction; head, neck and back injury; concussions; paralysis; and death (“Risks”.) I AGREE TO ASSUME ANY AND ALL LIABILITY AND RESPONSIBILITY FOR ANY AND ALL RISKS WHICH MAY BE ASSOCIATED WITH PARTICIPATION IN PROGRAM(S) OR ANY ACTIVITIES INCIDENTAL THERETO.
3. I understand and acknowledge that Program(s) will take part in a variety of locations and environments and will use a variety of equipment and facilities. I understand the College has not reviewed these facilities or equipment or undertaken an assessment regarding the safety of these facilities or equipment. I acknowledge and agree the College is in no way responsible for, nor does College assume any liability for, any injury or loss which may result from my use of these facilities or equipment.
4. I understand that, in the event the College provides and/or otherwise arranges for transportation to/from Program(s), I am expected to use this transportation. If the College does provide transportation and I do not use the transportation, I am solely responsible for making my own arrangements and the College assumes no responsibility or liability of any kind. When undertaking my own transportation, I further acknowledge and agree that (a) the driver of the vehicle in which I am riding, either as driver or passenger, is not driving on behalf of, or as an agent of, the College and that College has not verified the driving record of the driver, the liability insurance on the vehicle, or the condition of the vehicle; and (b) the College is in no way responsible for, nor does College assume any liability for, any injury or loss which may result from my transportation.
5. I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the College, its trustees, officers, employees, independent contractors and agents (hereinafter referred to as “Released Parties”) from any and all liability for loss or damage, and any claim or demands therefore on account of injury to my person or property or resulting in my death, whether caused by the ordinary negligence of the Released Parties or otherwise arising in connection with my participation in Program(s).
6. I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Released Parties from any loss, liability, damage or cost (including but not limited to attorney fees) they may incur arising in connection with my participation in Program(s) and whether due to my negligence or otherwise.
7. I understand that this RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as permitted by the laws of the state and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I confirm that I am at least 18 years of age, am freely signing this agreement, and that no oral representations statements or inducements apart from this written agreement have been made. I have read this form and fully understand that by signing this form, I am giving up legal rights and remedies that I might have now or in the future. I understand that my information will be kept secure and in confidence. The information contained herein shall be used for the sole purpose of assisting the staff in the evaluation of my safety for participation. External disclosures of this information will be limited to valid legal requests by law enforcement authorities and government agencies, legal proceedings where disclosure is necessary to protect the interest of the Fitness Center and the College in subpoenas and similar legal process.