Carleton Cupboard Waiver of Liability, Assumption of Risk and Indemnity Agreement
– Covers all use of the Cupboard while the participant is a student at Carleton –
WAIVER: In consideration of being permitted to participate in Carleton Cupboard 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, and I do further agree that 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, if any, arising from, but not limited to, participation in The Activity.
ASSUMPTION OF RISK: Participation in The Carleton Cupboard carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries or sickness. The specific risks vary from one activity to another, but the risks range from: (1) minor injuries such as scratches, bruises, and sprains; (2) sickness due to the consumption of donated food items. Food donated to the Carleton Cupboard is not inspected, nor can we guarantee the items were stored appropriately or provided within the “best by” or expiration date. Additionally, access to the Carleton Cupboard may involve exposure to allergens in the environment including various food items and nuts.
INDEMNIFICATION & HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Carleton College and its employees 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. By my signature below, I acknowledge the receipt of free food and supplies from the Carleton Cupboard. I understand this is a gift and not a reoccurring obligation by Carleton College, the Carleton Cupboard employees, or its trustees. I further understand and agree that by accepting this donated food I freely and voluntarily, with full knowledge, hold harmless and in no way liable or responsible for the quality, condition or packaging of food, Carleton College, its officers, agents, employees, students, donors, volunteers, food suppliers, and trustees.
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.