Assumption of Risks: I wish voluntarily to participate in the Activity described above. I understand that participation carries certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I understand that The University of the South does not guarantee my personal health and safety or protect me against risk of loss of personal property. Some of the risks of the Activity may include but are not limited to: transportation accidents, weather hazards and natural disasters, infectious diseases, slips and falls, emotional injuries, bodily injuries including bites, burns, pinches, scrapes, scratches, sprains, fractures, concussions, paralysis, permanent disability, and death. I also understand that injury and loss to me may result from unknown or unexpected risks and may result from the use of equipment, materials, or facilities provided by the University; environmental conditions; acts or omissions of others; and unavailability of immediate or adequate medical care. It is also possible that my participation in the Activity could result in injury or harm to a person other than myself, and I accept sole responsibility for my actions. I understand that it is my responsibility to consult a physician and to take into account my personal health and physical condition prior to participation in the Activity. I will not participate in any portion of the Activity if a medical condition prevents me from participating safely, even with an accommodation.
Release and Waiver of Claims: In consideration for this opportunity to participate in the Activity, I hereby release, discharge, and hold harmless The University of the South and its trustees, regents, officers, employees, agents and volunteers (collectively “University”) from all liability, and waive all claims, actions, demands, losses, damages, liabilities, and expenses (including attorney fees), for personal injury and bodily injury (including death) and for property loss and damage arising out of my participation in the Activity. If I am injured or become ill while participating in the Activity, I understand and agree that I am responsible for my own medical bills, including copayments and deductibles, and that I will not seek reimbursement from the University.
Acknowledgement of Understanding: I have read and understand this Assumption of Risks, Release and Waiver agreement. I understand that by signing this agreement, I am giving up substantial rights, including my right to sue. By choosing to participate in the Activity and signing this agreement, I represent that I fully understand and assume the associated risks on behalf of myself as a participant or on behalf of the minor participant.
I agree that this agreement shall be construed and governed by the laws of the State of Tennessee. I agree that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee, and if any provision of this agreement is held invalid, I agree that the remaining provisions shall, notwithstanding, continue in full legal force and effect.