Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of being permitted to participate in any way in (Trip/Event description completed below) hereinafter called “The Activity”, I agree, for myself, my heirs, administrators, personal representatives, and/or assigns, that I do hereby release, hold harmless, and discharge Carleton College, its officers, trustees, employees, agents and others acting on its behalf (hereinafter collectively referred to as “ASSOCIATES”), of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to Carleton College’s and/or its ASSOCIATES’ ordinary negligence; and I do further agree that, except in the event of Carleton College’s and/or its ASSOCIATES’ gross negligence and willful and wanton misconduct, I shall not bring any claims, demands, legal actions and causes of action, against Carleton College and/or its ASSOCIATES as stated above in this clause, for any economic and/or non-economic losses due to bodily injury, death, and/or property damage sustained by me and/or my minor children and/or legal wards, if any, arising from, but not limited to, participation in The Activity.
Assumption of Risks: Participation in The Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from 1: minor injuries such as scratches, bruises, and sprains 2: major injuries such as eye injury or loss of sight, illnesses, joint or back injuries, travel related injuries, heart attacks, and concussions to 3: catastrophic injuries including paralysis and death. To the extent my participation in the Activity involves leaving the premises of the Carleton College campus, I understand that Carleton College does not arrange or supervise transportation to or from campus and that I will be required to exercise my own judgment in arranging my own transportation or agreeing to ride with other student drivers. I hereby confirm that I have voluntarily chosen to participate in The Activity, that I have investigated the demands and requirements of The Activity, and that I am physically and emotionally fit to participate in The Activity. In the event of illness or injury, I authorize Carleton College and/or its ASSOCIATES to administer and/or secure medical treatment on my behalf.
Waiver of Liability: In consideration of being permitted to participate in the Activity, I hereby release, discharge and agree to hold harmless Carleton (including but not limited to the Activity Organizers), Carleton’s trustees, officers, faculty members, employees, agents, advisors or any one or more of them, or their executors, administrators, heirs or assigns (the “Released Parties”) from any and all claims, demands, damages, costs, expenses, actions and causes of action, present or future, on account of injuries to my person or property caused in whole or in part by the active or passive negligence of the Released Parties, arising out of or in connection with my participation. I intend for this release and indemnity agreement to protect the Released Parties from any and all claims, demands, damages, costs, expenses, actions and causes of action, present or future, of my executors, personal representatives, heirs and assigns, or any other person or entity, on account of injuries to my person or property, including injuries resulting in my death. I also recognize and agree that the Released Parties assume no responsibility for any liability, damage, or injury that I might sustain due to the intentional or negligent acts or omissions of any other person participating in the Activity. I hereby grant full permission to any and all of Carleton to use any photographs, motion pictures, recordings, or any other record of this event for any legitimate purpose including advertising, without monetary payment to me.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD CARLETON COLLEGE HARMLESS from any and all claims, actions, suits, procedures, costs (including but not limited to any medical treatment secured on my behalf) , expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in The Activity and to reimburse them for any such expense incurred.
Severability: I expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of Minnesota and that if any of its provisions are held to be invalid, the balance shall, notwithstanding, continue in full legal force and effect.
I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in The Activity. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.