WAIVER AND RELEASE OF LIABILITY FOR USE OF ATHLETIC FACILITIES

This Waiver and Release of Liability (“Release”) is accepted and electronically executed by the individual (“Individual”) utilizing any Northland College Athletic Facility, including but not limited to the John Allen Fitness Center, the Rock Climbing Wall, the Chapple Family Gymnasium, the Ponzio Stadium, the Lumber Jack Baseball Field, the Lumber Jill Softball Field, and the Bay Area Community Center (collectively, “Athletic Facilities”), and is issued to Northland College as a condition of Individual’s use of Athletic Facilities.

Individual has read each of the following paragraphs carefully and acknowledge that they have had the opportunity, if they wish, to discuss any of the terms contained in this Release.

Completing the checkbox following each paragraph is equivalent to Individual initialing.

Individual agrees that their use of Northland College’s Athletic Facilities is voluntary, undertaken on their own personal time, and not within the scope of employment with Northland College. Individual agrees to exercise reasonable care at all times with respect to their safety and with respect to the safety of others. Individual agrees that they have read and will abide by all applicable rules, policies and procedures of Northland College—including those specific to use of the Athletic Facilities—which are available on Northland College’s website or in hard copy format upon request. Individual further agrees to conduct themself in a controlled and reasonable manner at all times and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. Individual attests that they have no health-related issues that would preclude or restrict safe usage of Athletic Facilities.

Individual understands and acknowledges that there are certain dangers, hazards, and risks inherent in the use of Athletic Facilities and associated equipment and participation in programs, classes, or events hosted at the Athletic Facilities, including but not limited to those associated with exposure to viruses, bacteria, parasites, and/or other illness; exposure to or use of machinery, equipment, and/or hazardous materials; slips, trips, falls; and any other risk or hazard which may present itself. Individual acknowledges that their use of Athletic Facilities may result in damage to property, bodily injury, sickness (including but not limited to COVID-19), and potentially even death. Northland College assumes no responsibility for such property damage, injuries, illnesses, or deaths, nor any liabilities for such.

Individual grants permission to Northland College and its directors, officers, faculty, staff, volunteers, and agents, to authorize, obtain, and provide emergency medical treatment for Individual using Northland College’s Athletic Facilities, if necessary, and understands that such action by Northland College or its directors, officers, faculty, staff, volunteers, or agents will cause them to assume no responsibility for any injury, damage, or medical expense which might arise out of, or in connection with, such emergency medical treatment authorized, obtained, or provided to Individual.

For and in consideration of Individual’s usage of Northland College’s Athletic Facilities, the sufficiency of which Individual hereby acknowledges, Individual on their own behalf and on the behalf of their heirs, assigns, related individuals and related entities, does hereby waive, release, absolve, discharge, covenant not to sue and agree to hold harmless Northland College, and its Board of Trustees, directors, officers, faculty, staff, volunteers, agents, and insurers (collectively, the “Released Parties”), from and against any and all rights, claims, demands, causes of action, obligations, suits, liens, damages, or liabilities of any kind and character whatsoever, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, whether known or unknown, suspected or claimed, which Individual shall, or may have, in the future against the Released Parties arising out of, based on, related to, or connected with, Individual’s usage of Northland College’s Athletic Facilities and/or associated equipment or participation in programs, classes, or events hosted at the Athletic Facilities. This Release does not apply to any intentional or reckless acts by the Released Parties.

Individual agrees that this Release shall be construed exclusively in accordance with the laws of the State of Wisconsin, which shall be the exclusive forum for any lawsuits interpreting this Release. The terms and provisions of this Release shall be severable, such that if a court of competent jurisdiction holds any term to be illegal, unenforceable, or in conflict with any law governing this Release, the validity of the remaining portions shall not be affected.

Individual has had the opportunity to negotiate concerning the terms of this Release. By providing this Release, Individual acknowledges and represents that they are fully informed of the contents of this Release. By reading it before electronically accepting and executing it, and by electronically accepting and executing this document as their own free act, Individual conforms that no oral or written representations, statements, or inducements, apart from those made herein, have been made.

 

This Release requires you to give up substantial legal rights.

Please read and understand the document before you electronically accept and execute it.

By entering your name below you are signing this document.