READ CAREFULLY BEFORE SIGNING
I (hereafter “I” refers to the participant or, if participant is not yet 18 years of age, to the Parent or Guardian’s agreement for the participant), __________, recognize that presence on the campus of Bethany Lutheran College and involvement with campus events and activities have a certain degree of risk, and I knowingly and voluntarily assume the risk, whether expected or unexpected, of any injuries regardless of severity, including death, and all risk of damage to or loss of property which I may incur due to any act of negligence or accidental occurrences while I am participating in campus activities. I voluntarily assume the risk of any and all means of transportation utilized in relationship to Bethany Lutheran College activities. I am not required to participate in this event/activity. My participation is wholly voluntary.
I am aware of the dangers and the risks to my person and property involved in participating in this event/activity. Risks associated with my participation in this event/activity include, but are not limited to, physical injury, mental distress, and danger up to and including death or dismemberment.
All such risks are known and understood by me. I agree as follows:
1. I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby release and forever discharge the Bethany Lutheran College and its employees, agents, officers, trustees and Board of Regents (in their official and individual capacities) (“Releasees”) from all liability allowed by law, including negligence, for any damages, losses or injuries (including death) I sustain to my person or property or both, including but not limited to any claims, demands, actions, causes of action, judgments, damages, expenses and costs, including attorney’s fees, which arise out of, result from, occur during, or are connected in any manner with my participation in Bethany activities caused by the negligence of the Releasees or otherwise; except that which is the result of gross negligence and/or wanton misconduct by the Releasees;
2. I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend and hold harmless Bethany Lutheran College, and their employees, agents, officers, trustees and representatives, Board of Regents, (in their official and individual capacities) from any and all liability, loss, damage or expense, including attorney’s fees, that they or any of them incur or sustain as a result of any claims, demands, actions, causes of action, damages, judgments, costs or expenses, which arise out of, occur during, or are in any way connected with my participation in the activities on Bethany Lutheran’s campus.
I agree that should I knowingly or unknowingly engage in conduct which Bethany Lutheran College deems to be incompatible with the interest, harmony, comfort, and welfare of the other participants and/or local community members, the college has the right to terminate my participation in all activities with no refund of monies paid. In the event of termination, or by request, I agree to immediately leave Bethany’s campus grounds and that upon such departure Bethany terminates any and all relationships and responsibilities for my subsequent travels and activities; if I am a minor, I agree that Bethany will send me home at the expense of myself, my parent(s) or my guardian(s).
I hereby grant Bethany Lutheran College full authority to take whatever actions they may consider warranted under the circumstances concerning my health and safety, and I fully release each of them from any liability for such decisions or actions as may be taken in connection therewith.
In the event that I am incapable of seeking and/or consenting to medical attention, I place within the discretion of Bethany Lutheran College and/or its representatives the discretion to seek and authorize any and all professional medical attention and/or services except the withholding or withdrawal of life sustaining procedures, as well as transportation by any conveyance to the closest medical facility deemed adequate. I agree to be financially responsible for any and all expenses related to medical treatments as well as travel to receive medical treatment. I verify that I have informed Bethany Lutheran College of any existing medical conditions that might require treatment, require accommodation for participation in activities, or about which medical personnel should be informed.
I agree that this Waiver, Release and Indemnification Agreement is to be construed under the laws of the State of Minnesota, U.S.A.; and that if any portion thereof is held invalid, the balance hereof shall, notwithstanding, continue in full legal force and effect. I agree that this Agreement is to be construed broadly to provide a release, indemnification, and waiver to the maximum extent permissible under applicable law. In signing this document, I hereby acknowledge that I have read this entire document, that I understand its terms, that I am at least eighteen (18) years of age, that by signing it I am giving up substantial legal rights I might otherwise have, and that I have signed it knowingly and voluntarily.