UNG Department of Recreational Sports Assumption of Risk, Waiver of Liability & Indemnity Agreement
The recreational activities and programs offered through the University of North Georgia’s Campus Recreation and Wellness (“Activity” or “Activities”) involve substantial risks of bodily injury or death, property damage, and other dangers associated with participation in such Activities. Dangers related to such activities are described more fully below.
I acknowledge that the activities may include, but are not limited to, the following: sports-related and other physical fitness activities (e.g., running, exercising, weight lifting, swimming, etc.); instructor-led exercise classes; and other physical exertion such as lifting or moving heavy objects.
I acknowledge that certain risks are inherent in participating in the activities. These risks may include, but are not limited to, such things as: incidents related to sports or physical fitness types of activities, including sprains, broken bones, cuts, bruises, concussions, heart attacks, heat exhaustion, temporary or permanent disability, and/or death; theft of personal property or other criminal activity; allergic reactions to environmental allergens; exposure to contagious diseases; other physical, mental, and emotional injury; and other risks and dangers, whether known or unknown or reasonably foreseeable.
I acknowledge and agree that the university does not provide insurance to cover medical expenses for injuries that I may sustain or for damage to my personal property, and that the university strongly recommends that I carry my own health, medical, and property insurance for purposes of potential losses related to the activities.
I acknowledge that I am solely responsible for any hospital, medical, or other costs arising out of any bodily injury or property damage sustained through my participation in any activity.
ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE
I wish to participate in one or more of the activities. In consideration of the services to be rendered by the university in organizing and operating the activities and in consideration of my participation in one or more of the activities, I hereby agree to the following:
• In the event of an accident or serious illness, I hereby authorize representatives of the university to obtain medical treatment and transport for me. I hereby hold harmless and agree to indemnify the university from any claims, causes of action, damages, and/or liabilities arising out of or resulting from the medical treatment or transport. I further agree to accept full responsibility for any and all expenses, including medical expenses, that may derive from any injuries to me that may occur during my participation in any of the activities.
• I understand that my participation in the activities is entirely voluntary. I fully understand the scope of the activities and the potential risks involved in them. I hereby acknowledge that my participation in any of the activities involves an inherent risk of property damage and/or bodily or personal injury, including death, and I assume all risks. I hereby agree that for the sole consideration of the University allowing me to participate in the any of the Activities, I do hereby release and forever discharge the State of Georgia, the Board of Regents of the University System of Georgia (“BOR”), the University, its departments, agencies and instrumentalities and all of their respective officers, members, employees, and agents, or any of their members individually of any and from all claims, demands, rights, and causes of action of whatever kind or nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property, and the consequences thereof, resulting from my participation in or in any way connected with any of the Activities. I hereby acknowledge that this Release, Waiver of Liability, and Covenant Not to Sue (“Release”) shall be governed by and construed under the laws of the State of Georgia. I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Georgia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
• I further covenant and agree that, for the consideration stated above, I will not sue the university, the BOR, or any of their respective members, officers, agents, or employees for any claim for damages arising or growing out of any voluntary participation in any of the activities. I understand that the acceptance of this release by the university and the BOR shall not constitute a waiver, in whole or in part, of sovereign or official immunity by the university, the BOR, or their respective members, officers, agents, employees, and representatives. This release shall be binding upon me and my heirs, legal representatives, and assigns.
• I further hereby grant the university, acting through its agents, employees, or representatives, the irrevocable right and permission to take photographs, video recordings, and/or audio recordings of me, including my name, image, likeness, performance, and/or voice (“Recordings”). I agree that the recordings may be used by the university, including its successors, assigns, and transferees, in perpetuity and without compensation to me, for any legitimate purpose on the university and other websites, in publications, promotional flyers, educational materials, derivative works, and for any other similar purpose, whether in printed or electronic form, and in any and all other media, whether now known or hereafter existing. I agree that the university will have final editorial authority over the use of the recordings, and I waive any right to inspect or approve of any future use of the recordings. I further agree that the recordings, reproductions thereof, and all plates, negatives, recording tape, and digital files are and shall remain the property of the university. I release and fully discharge the BOR, the University, and their respective members, officers, agents, employees, and representatives from any claim, damages, or liability arising from or related to my participation in the Recordings or the University’s future use of the Recordings. I will make no monetary or other claim against the BOR, the university, or their respective successors, assigns, or transferees for the use of the recordings.
• I understand and agree that this release shall remain in effect for as long as I am a participant in any of the activities offered by the university. I further understand and agree that if I am a student and/or employee of the university, this release shall be effective during the entire period of my enrollment and/or employment at the university.
I have read this entire release, I fully understand it, and I agree to be bound by it. By signing below, I certify that I am at least 18 years of age, or, if younger than 18, my parent or legal guardian has also signed this release on my behalf and agrees to be bound by it.