GENERAL WAIVER AND RELEASE AGREEMENT
The
person participating in the Activity (defined below) is referred to as
“Participant.” I, the undersigned, am a Participant or, if Participant is under
18, I am the minor Participant’s parent or legal guardian. I, in consideration for
Participant’s opportunity to participate in the following activity: Utah State
University Huntsman School of Business “She’s Daring Mighty Things” 5K on April 20, 2024 (the “Activity”), do hereby agree on behalf of myself, my
heirs, assigns, personal representative, and estate as follows:
ACCEPTANCE OF RISKS AND
RESPONSIBILITY: I acknowledge that the Activity is inherently hazardous
and that participation in the Activity necessarily includes certain risks, including
but not limited to, temporary or permanent muscle soreness, sprains, or
strains; lacerations; abrasions; contusions; concussions; loss of consciousness
caused by external or internal circumstances; ligament, cartilage, joint, or
bone damage; head, neck, or spinal injuries; loss of use of arms and/or legs;
eye, ear, nose, mouth, or dental damage; disfigurement; nausea; hypothermia;
skin irritations; other physical injuries or risks associated with the
Activity; or even death; which risks may result in loss or damage to
property or injury, illness, or death to myself or others. I understand that these risks may be known or
unknown, identified or unidentified, and anticipated or unanticipated. I also acknowledge that loss or damage to property
or injury, illness, or death to Participant or others may result from the negligent
acts of Activity participants or organizers (including Utah State University,
its agents, officers, employees,
devisees and assigns
and the Board of Regents of the State of Utah (hereafter collectively,
“USU”)). I voluntarily accept the risks and dangers associated with the Activity. I agree that I will be personally liable for
any damages that occur as a result of Participant’s participation in the
Activity. I agree to adhere, or cause
Participant if a minor to adhere, to appropriate safety standards to ensure the
safety of Participant, others, and associated property during participation in
the Activity.
RELEASE: I hereby voluntarily release and forever discharge USU
from any and all liability, claims, demands, attorney fees, actions, or rights
of action which are related to, arise out of, or are in any way connected with Participant’s
participation in the Activity, including specifically, but not limited to, the
negligent acts or omissions of USU for any and all bodily injury, death,
illness, disability, or damage to myself or to my property. I agree that USU is not liable for risks,
negligent acts, or any other liability that may arise in connection with Participant’s
participation in the Activity.
INDEMNIFICATION: I hereby agree to hold harmless and indemnify USU against
any and all losses, liabilities, or claims arising out of or connected to Participant’s
participation in the Activity. The indemnification obligations outlined
herein extend to any and all costs and expenses, including attorney fees,
incurred by USU in connection with any such loss, liability, or claim.
GOVERNING
LAW AND JURISDICTION: The laws of the state of Utah shall govern the validity, construction,
and enforceability of this Agreement, without giving effect to its conflict of
laws principles. All suits, action,
claims and causes of action relating to the validity, construction, and
enforcement of this Agreement.
ACKNOWLEDGEMENT
OF EFFECT OF THIS AGREEMENT: I
understand and acknowledge that by signing this Agreement, I am agreeing to be
bound by its terms and conditions. I acknowledge that by this Agreement, I have
freely and voluntarily (a) given up certain legal rights and/or possible claims
that I might otherwise assert or maintain against USU, including specifically,
but not limited to, rights arising from or claims for the negligent acts or
omissions of USU; and (b) assumed responsibility and legal liability for the
claims or other legal demands, including defense costs, which may be asserted
by third parties against me/Participant as a result of Participant’s participation
in this Activity. CHECKING THE BOX BELOW INDICATES THAT I HAVE READ THIS ENTIRE
AGREEMENT, UNDERSTAND THAT IT AFFECTS MY LEGAL RIGHTS, AND UNDERSTAND THAT IT
WAIVES MY RIGHT TO SUE USU.