This Release and Waiver of Liability, Assumption of Risk and Indemnification Agreement is signed as a precondition of the participation of parent or legal guardians child in the “Event”. The Event is to be held in and around Otterbein University at The Point (the “University”), Westerville, Ohio, on date of the Event, 2019. In consideration for Participant’s being permitted to participate in the Event, the following are the terms of this Agreement:
1. DEFINITIONS: For purposes of this Agreement, the following terms apply:
A. “Releasees” means Otterbein University and its trustees, officers, employees and agents. University shall also include, but not be limited to, any volunteers and students assisting or working for University.
B. “Participant” means the person participating in the Event, whose name is printed in the blank space above, along with the Participant’s heirs, executors, administrators, personal representatives, agents and assigns.
C. “Legal Guardian” means a parent and/or legal guardian of the Participant, along with such parent’s and/or legal guardian’s heirs, executors, administrators, personal representatives, agents and assigns.
D. “Signatory” means the Participant if such person is age 18 or older. If the Participant is under age 18, then “Signatory” means a Legal Guardian of the Participant.
E. “Claims, Lawsuits and Damages” means any and all claims, demands, lawsuits, legal actions, and suits in equity, arising from any causes of action and grounds for recovery, and any and all losses and damages in any way related to or arising from such causes of action and grounds for recovery, including but not limited to bodily injury, illness, infection, death, property damage, property loss, monetary loss, medical expenses, loss of income, loss of earning capacity, loss of consortium, loss of companionship, pain, suffering, mental anguish, inconvenience, annoyance, attorneys’ fees, litigation expenses and all other recoverable damages.
2. ASSUMPTIONS OF RISK: BY SIGNING THIS AGREEMENT, EACH SIGNATORY ACKNOWLEDGES AS FOLLOWS: He or she has been informed of and understands the various aspects of the Event. The Participant will be engaged in activities that may include, but are not limited to, observing of and participation in hands-on activities around or with machinery and equipment which have the potential to result in bodily harm. The Participant may be exposed to the following risks during the Event resulting from the actions or omissions of the Releasees and/or others: serious bodily injury; illness; infection; death; property damage; and other foreseeable and unforeseeable types of injuries or damages. Such serious injuries may include injuries to virtually all bones, joints, muscles, and internal organs. Protective equipment may be required for certain activities but may be inadequate to prevent such serious injuries. Risks of the Event may also include the following: negligent provision of first aid by the Releasees or others; reckless conduct of other participants; unsafe conditions as to equipment, facilities, housing, security and supervision; and other foreseeable and unforeseeable causes of injuries or damages. The risk of injury to Participant includes the following additional risks that may also impact Participant’s Legal Guardians and/or other family members: significant medical expenses; loss of companionship; loss of consortium; loss of income; loss of earning capacity; and other foreseeable and unforeseeable risks. Each Signatory on behalf of the Participant, and if Participant is under age 18 then on behalf of Participant and also the Signatory, hereby KNOWINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS, both known and unknown, including any risks arising in whole or in part from the negligence of any of the Releasees and any other causes of action and grounds for recovery resulting from any person’s or entity’s conduct, actions or omissions, except for willful or wanton misconduct that may be committed by a Releasee.
3. RELEASES, WAIVERS AND DISCHARGES FROM LIABILITY; COVENANTS NOT TO SUE; AND INDEMNIFICATION: Each Signatory on behalf of the Participant, and if Participant is under age 18 then on behalf of Participant and also the Signatory, hereby RELEASES, WAIVES, DISCHARGES, COVENANTS NOT TO SUE, AND AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY, the Releasees from any and all liability in any way related to Participant’s attending, participating in, or being transported during, the Event and any activities within the Event, including any liability arising in whole or in part from the negligence of any of the Releasees and any other causes of action and grounds for recovery resulting from any person’s or entity’s conduct, action or omission, including but not limited to any and all Claims, Lawsuits and Damages, except that an individual Releasee shall not be released from his, her or its willful or wanton misconduct.
4. CERTIFICATION OF FITNESS TO PARTICIPATE. Each Signatory attests that Participant is physically and mentally fit to participate in Event activities and has no medical conditions that could be aggravated by participation in the Event.
5. MEDICAL CONSENT. Each Signatory understands and agrees that the Releasees may not have medical personnel available at the location of the Event. In the event of a medical emergency, each Signatory authorizes and consents to any x-ray, examination, anesthetic, medical, dental or surgical diagnosis or treatment, and hospital care deemed necessary for Participant’s safety and protection. Each Signatory agrees that the Releasees assume no responsibility for any injury or damage which may arise out of or in connection with such authorized emergency medical treatment.
6. PHOTO RELEASE & CONSENT. Signatory grants permission to the University to records the Participant’s participation on the program. Signatory further grants permission for University to make and use video, audio, photographic, digital, electronic, or other recordings of Participant without further consideration for any legitimate purpose including publicity, advertising, or promotion.
7. CHOICE OF LAW. This Agreement and the parties’ rights shall be governed by the laws of the State of Ohio. Only Ohio courts shall have jurisdiction over any Claims, Lawsuits and Damages arising from or related to the performance of this Agreement, and the parties consent to the jurisdiction of such courts.
8. REQUIRED SIGNATURES: This Agreement shall be signed by the Participant if such person is age 18 or older. If the Participant is under age 18, then this Agreement shall be signed by at least one of Participant’s Legal Guardians. Each Legal Guardian who signs this Agreement represents that he or she is authorized to sign this Agreement on behalf of, and that his or her signature hereon is also made on behalf of, the Participant. If only one of Participant’s Legal Guardians signs this Agreement, then this agreement shall continue to be valid, enforceable and binding on the Participant.