RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMINITY AGREEMENT
In consideration for the privilege and permission to use University facilities and equipment, including, but not limited to, the Dolores Doré Eccles Health, Wellness & Athletic Center, and to participate in fitness, wellness, athletic and recreation programs, I hereby for myself, my heirs, personal representatives and assignees, agree to the following terms:
Release. I release Westminster University, its Board of Trustees, officers, agents, employees, and volunteers from any and all liabilities, claims, demands or actions, whether in law or in equity and whether in tort, including negligence, or in contract, on account of any property or personal losses, damages and expenses, including reasonable attorney fees, or on account of personal injury, death, or emotional distress which may result, directly or indirectly, from my use of any of the University’s facilities and equipment and/or my participation in activities, programs, classes, or observations, unless such damage or injury is primarily the direct result of gross negligence or intentional misconduct of the University or any of its officers, employees, volunteers, or lawful agents and not caused in part by my own negligence. This release is granted regardless of whether I followed safety policies, or had or had not received training.
Assumption of Risk. I fully recognize and appreciate the dangers and hazards inherent with physical activity, in particular with activities such as weightlifting, running, aerobic exercise, martial arts, yoga, climbing, dancing, swimming and bicycle spinning. Many forms of physical activity involve strenuous exertions of strength using various muscle groups, quick movements requiring speed and change of direction. I understand that physical activity places stress on the cardiovascular system and can exacerbate any pre-existing health conditions. I understand that, while specific risk vary depending on the activity, the risks range from minor injuries, such as skin abrasions, bruises, and sprain, to major and serious injuries, such as eye injury, loss of sight, joint or back injuries, heart attacks, head trauma, and even paralysis or death. I recognize and understand that using the facilities and equipment may subject me or my property to injury and that no form or amount of preplanning can remove all danger to which I may be exposed. I understand that, because the facilities are available for use by others, there is a possibility that I may be a victim of crime or other bad acts, robbery, threats, or assault, despite reasonable safety precautions.
It is my intention and I do hereby agree to be financially responsible for any property damage/loss or injuries, physical, mental or emotional, that I may suffer. I acknowledge and understand that the University carries no insurance for personal injury, illness or property damage/loss. I assume full responsibility for all risks associated with my own health problems, if any, and physical or emotional limitations. Should I require emergency medical treatment as a result of accident or illness, I consent to such treatment. I agree to be financially responsible for any medical bills incurred, including, but not limited to, transportation to a health care provider. I represent that I am physically, mentally, and emotionally able, with or without accommodation, to use the facilities and engage in physical activities.
Indemnification and Hold Harmless. I agree to indemnify and hold harmless Westminster University, its Board of Trustees, officers, agents, employees, and volunteers from any and all liabilities, claims, demands or actions, including attorney’s fees, whether in law or in equity and whether in tort, including negligence, or in contract which resulted, directly or indirectly, from my use of any of the University’s facilities and equipment and/or my participation in activities, programs, classes, or observations. This release is granted regardless of whether I followed safety policies or received training at the time the damage or injury occurred.
Severability. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the State of Utah and, if any portion of it is held invalid, the remaining provisions shall continue to be enforceable and remain full legal force and effect.
Equipment Checkout, is a service provided to members of Eccles HWAC. Users are responsible for equipment checked out in their name. Fees will be charged for late, lost, and/or damaged equipment. Items that are not returned at closing are considered late and charged $1/day.
Media Release. I give my permission to Westminster University and its employees, volunteers, and agents to photograph or create visual records of me and, without further recourse or compensation, to use those images of me in any medium and for any University purpose, including marketing and/or other commercial projects.