Assumption of Risk, Release and Waiver of Liability, and Indemnification Agreement (Read Carefully)
Participant understands that Participant’s participation in the Program is entirely voluntary and that as a condition of and inconsideration for Participant’s participation in the Program, Participant accepts and agrees to all of the terms and conditions of this Participation Agreement.
Assumption of Risk: Participant understands and accepts that as part of Participant’s participation in the Program that there are dangers, hazards and certain risks, both known and unknown, to which Participant may be exposed, including the risk of serious physical injury, temporary or permanent disability, and even death, as well as economic and property damage/loss. In addition, because there is an inherent risk of exposure to COVID-19 or any other communicable disease in public places where other people are present, infection and illness from COVID-19, or other communicable diseases, is a known risk of participation in the Program.Similarly, for a virtual event, the Participant understands the potential risks associated with participation in online Program activities. The Participant understand that Program staff are not providing supervision for the Participant during the online program, and the University does not have control over the information available through the internet or other electronic datasources. Sites accessible through the internet or other electronic data sources may contain material that is illegal, defamatory, inaccurate, obscene, profane, or potentially offensive to others. The risks may include, but are not limited to: “Zoombombing” or other similar disruptions, cyber bullying, identity theft, hacking, intentional or inadvertent exposure to the types of materials described above, exposure to potentially triggering subject material in writing, art, or spoken word, personal injury including death, and loss or damage of personal property. Participant understands and accepts that ISU cannot guarantee that Participant will remain free of injury or damage, nor eliminate the known and/or unknown risks. By agreeing to participate, Participant voluntarily accepts and assumes all risks associated with participation in the Program.
Release and Waiver of Liability and Indemnification Agreement: Further, to the fullest extent permitted by applicable law,Participant agrees, for themselves, their heirs, personal representatives and assigns, to RELEASE from LIABILITY, HOLD HARMLESS,DEFEND and INDEMNIFY, the State of Iowa, the Board of Regents ‐ State of Iowa, Iowa State University, and their respective affiliates, officers, employees and agents (herein after referred to as “RELEASEES”), from and against any and all liability whatsoever (including all liability arising directly or indirectly from the negligence of RELEASEES) for any and all damages, losses or injuries (including death), Participant sustains to their person, property or both, including but not limited to any claims, demands, actions, causes of action, judgments, damages, expenses, costs, and attorney fees, which arise out of, result from, occur during or are in any way connected, directly or indirectly, to Participant’s participation in the Program. This release includes claims based on the negligence of RELEASEES to the fullest extent permitted by applicable law, but does not include claims based on the intentional misconduct or gross negligence of RELEASEES. Participant also agrees to RELEASE from LIABILITY, HOLD HARMLESS, DEFEND and INDEMNIFY the RELEASES from and against any and all liability whatsoever for any and all damages, losses or injuries (including death), Participant may cause or inflict on another person, or another person’s property or both, including but not limited to any claims, demands, actions, causes of action, judgments, damages, expenses, costs, and attorney fees, which arise out of, result from, occur during or are in any way connected, directly or indirectly, to Participant’s participation in the Program.
Governing Law: This Agreement is governed by and construed under the laws of the State of Iowa without regard for principles of choice of law. Any claims, demands, or actions arising under this Agreement must be brought in a proper court in the State ofIowa. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or un-enforceability shall not affect any other provision of thisAgreement, but this Agreement shall be construed as if such invalid or unenforceable provision had never been contained. Further, in the event that any provision of this Agreement shall be held to be unenforceable by virtue of its scope, but may be made enforceable by a limitation thereof, such provision shall be deemed to be amended to the minimum extent necessary to render it enforceable under the laws of the jurisdiction in which enforcement is sought.