Waiver, Release of Liability, Indemnification, and Consent to Medical Attention
In exchange for my being allowed to participate in the educational program or activity of the (“University”) identified as the DSU Community Education Class, (the 'Activity'), I and, if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following:
- Assumption of Risk. I expressly acknowledge that I am not required to participate in the Program or Activity. Accordingly, I voluntarily accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Program and/or Activity.
- Identification of Risks. I understand that there are certain dangers, hazards, and risks inherent in travel and the activities included in the Program or Activity. I understand that such dangers, hazards, and risks may involve risk of injury and loss, both to person and property. I further understand that the risk of injury may include the possibility of permanent disability and death. I understand that the premises, facilities, and equipment used in conducting the activities of the Program and Activity are owned, maintained, or controlled by someone other than the University. The University does not own, maintain, or control the premises, facilities, or equipment. There may be other risks not known to the University or not reasonably foreseeable at this time. I understand that these risks of injury and loss might result from the actions, inactions, negligence, or conduct of the University or others, the rules of the Program and/or Activity, or the condition of the premises, the facilities, or any equipment used in the Program and/or Activity. I further understand that the University cannot and does not assume responsibility for any such injury or loss.
- Waiver and Release. I waive and release the University, and their directors, officers, sponsors, employees, agents, volunteers, successors and assigns, if any, from all claims for any liability, injury, loss, or damage in any way connected with my participation in the Program and/or Activity, whether or not caused in whole or part by the negligence of any of the organizations or individuals mentioned above.
- Indemnification. I agree to indemnify and hold harmless (in other words reimburse and be responsible for) the University, the Premises Owner, and their directors, officers, sponsors, employees, agents, volunteers, successors, and assigns from all claims for any liability, injury, loss, or damage in any way connected with or arising out of my participation in the Program and/or Activity, whether or not caused in whole or in part by the negligence of any of the organizations or individuals mentioned above.
- Consent to Medical Treatment. I agree that the University or Premises Owner may provide to me, through medical personnel of their choice, customary medical assistance, transportation, and emergency medical services. I understand and agree that the University assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized medical treatment. I further agree that any expense resulting from the provision of such medical services is my responsibility. This consent does not impose a duty upon the University or Premise Owner to provide such assistance, transportation, or services.
- Binding Effect. This instrument shall be binding upon my relatives, personal representatives, heirs, beneficiaries, next of kin, or assigns and shall inure to the benefit of the University, the Premises Owner, and their respective successors and assigns.
- Photo/Email Release: By agreeing to and submitting this application, I hereby grant permission to DSU Community & Continuing Education, on my behalf and on behalf of my spouse and/or child(ren) to use any photographs, videotapes, or any other likeness obtained the course of this program, in any promotional, education, or other materials produced by or for DSU, and I hereby waive any and all right to control, inspect or approve such usage. I also give permission for Community Education to contact me by the email address and phone number I have provided and understand that my email address will be placed on the Community Education Newsletter list.
- Invalidity/Unenforceability. If any provision of this instrument is held to be invalid or unenforceable, this instrument shall be construed as if such valid or unenforceable provision was not contained herein,
- Applicable Law. Because the University is a state institution located in St. George, Utah, this instrument shall be governed, construed and enforced in accordance with the laws of the State of Utah.