Recreational Activities
Assumption of Risk, Waiver, Release, and Indemnity Agreement
In consideration for participating in and using Southern New Hampshire University’s
(SNHU) athletic and recreation activities, services, equipment and/or facilities, including, but not limited, to sports clubs, intramural sports activities, fitness programs, outdoor recreation, or using the athletic center equipment, services, or activities (collectively Recreational Activities), I acknowledge and agree as follows:
1. I understand and acknowledge that the use of equipment and facilities provided by the Athletics Department at SNHU (Intramural, informal, instructional, Group Fitness, Physical Sports, Weight and Cardiovascular Training, Swimming and any other programs and services sponsored by the Athletics Department and/or activities occurring in the building) may be physically demanding, even to persons in excellent physical condition, and that my participation may lead to physical injury or death, or property damage or loss. Understanding the potential risks inherent to my participation, I assume sole and full responsibility for my personal safety and for any loss or damage to my property during participation in the Recreational Activities.
2. Voluntary Participation – My involvement or participation is voluntary and is not requested or required by SNHU.
3. Risk Factors – I understand and acknowledge that participation in Recreational Activities involves risks including, but not limited to risk of property damage or bodily injury, including death. These risks may result from the use of the equipment or facilities, from the activity itself, from the acts of others or from the unavailability of emergency medical care.
4. Compliance with Policies and Procedures – I agree to comply with and abide by all rules, policies and procedures of the Department of Athletics and SNHU. I understand that the safe and proper participation in Recreational Activities is dependent upon carefully following such rules, policies and procedures. I will comply with all instruction and directions of SNHU staff, coaches, and volunteers in connection with my participation. SNHU staff have the right to revoke or terminate my privileges for any violation of such rules and policies.
5. Assumption of Risk – I voluntarily assume all risks of personal injury, death, and property damage or loss from any cause whatsoever, including but not limited to, my own conduct, the failure of anyone to enforce rules and regulations or inspect equipment or facilities, and the negligence of anyone else, regardless of whether such risks are known or unknown, foreseen or unforeseen, disclosed or undisclosed.
6. Release of Liability – I, on behalf of myself, my personal representatives, heirs, executors, administrators, or agents and assigns hereby release, waive, and discharge SNHU, and all of its affiliation associations, local associations, member teams, event hosts, other participants, coaches, officials, volunteers, sponsors, advertisers, trustees, officers, employees, agents and each of their respective officers, directors, agents and employees (Releasees) from any and all claims, injuries, causes of action, suits, liability, losses or expenses (including attorney’s fees) arising from or in connection with my participation in Recreational Activities.
7. Indemnification – I also agree to indemnify, defend and hold harmless the Releasees from any and all claims, injuries, causes of action of any kind, suits, liability, losses, damages or expenses (including attorney’s fees) arising from or in connection with my participation in Recreational Activities.
8. Skill, Ability and Fitness – I acknowledge that I have the requisite skills, qualifications, physical fitness and ability, and training necessary to properly and safely participate in Recreational Activities.
9. Media Release – I grant SNHU, its employees, agents, successors, assigns, and those acting with its permission or on its behalf, the right to use, copyright, publish, republish and distribute any photographs or video of me taken by SNHU or its agents during my participation in the Recreational Activities for promotional purposes. The photos and/or
video may be seen on local TV news and in SNHU promotional materials or advertisements. I understand that I do not have the right to decide what the material states or how the pictures or video will be used. I understand that I will not be paid if SNHU uses the pictures or video.
10. Medical Costs – I am solely responsible for any and all medical, health, or personal injury or illness costs relating to my participation in or use of Recreational Activities.
11. Insurance – The undersigned understands the Athletics Department does not carry participant insurance. The undersigned is encouraged to have a medical physical examination and purchase health insurance prior to any and all participation.
12. Emergency Care – I authorize SNHU, its employees, or agents to administer emergency first aid and CPR and to secure emergency medical care or transportation when deemed necessary by SNHU, its employees, or agents. I agree to assume all costs of emergency medical care and transportation.
13. Jurisdiction – New Hampshire law governs the determination of all issues related to this agreement.
14. Severability – If any term, clause, or provision of this Recreational Activities Assumption of Risk, Waiver, Release, and Indemnity Agreement is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this agreement, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Recreational Activities Assumption of Risk, Waiver, Release, and Indemnity Agreement and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by law.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I AM
AWARE THAT THIS AGREEMENT INCLUDES A RELEASE AND WAIVER OF
LIABILITY, AN ASSUMPTION OF RISK, AND AN AGREEMENT TO INDEMNIFY
THE RELEASEES. I UNDERSTAND I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY
SIGNING THIS AGREEMENT, AND SIGN IT FREELY AND VOLUNTARILY
WITHOUT ANY INDUCEMENT. BY MY SIGNATURE I REPRESENT THAT I AM AT LEAST EIGHTEEN YEARS OF AGE, OR, IF NOT, THAT I HAVE SECURED BELOW THE SIGNATURE OF MY PARENT OR GUARDIAN AS WILL AS MY OWN.
Participant Name: __________________ Signature: ______________________ Date: ________
Emergency Contact Information
Contact Name: __________________________________ Number: ____________________
Relationship:_________________________________________
Signature of Parent/Guardian for Participants Under Eighteen (18) Years of Age:
I certify that I have custody of Participant or am the legal guardian of Participant by court order.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I AM
AWARE THAT THIS AGREEMENT INCLUDES A RELEASE AND WAIVER OF
LIABILITY, AN ASSUMPTION OF RISK, AND AN AGREEMENT TO INDEMNIFY
THE RELEASEES. I join with Participant in granting a release to Releasees as set forth in detail above.
Parent/Guardian: ___________________ Signature: _____________________ Date: _____
Date of Birth of participant under eighteen (18) years of age: ______________________