SPORT CLUB RELEASE OF LIABILITY
THIS IS A RELEASE OF LEGAL RIGHTS.
READ AND BE SURE YOU UNDERSTAND BEFORE SIGNING
By signing this agreement you give up your right to bring a court action to recover damages or obtain any other remedy for any injury to yourself or your property up to and including death arising out of your participation in a Sport Club now or any time in the future.
Acknowledgement of Risk:
1. I hereby acknowledge and agree that Syracuse University (“University”) does not require my participation in SPORT CLUB BELOW (“Activity”) and that my participation in the Activity is totally voluntary and contains inherent risks. I understand that the Activity operates with volunteer coaches who are not functioning as employees of the University(some of whom who are student team members or former team members); that participants in the Activity do not have access to University trainers; that participants may travel to events in participants’ private vehicles or University-owned vehicles operated by participants; and that participants are not covered by insurance from the University for injuries or illness incurred while engaged in the Activity.
2. I fully understand and appreciate the dangers, hazards and risks inherent in participating in the Activity, in transportation to and from the Activity, and in any actions I undertake during the time period in which I am participating in (whether or not associated with my direct participation) the Activity, which dangers include but are not limited to bodily injury (including to ankles, knees, shoulders, fingers, back, neck ribs, elbows and eyes), broken bones, paralysis, sprains, lacerations, concussions, contusions, loss of limbs, and even death. Knowing the dangers, hazards, and risks of such Activity, including physical injury, death, or disability, I accept the risk and responsibilities mentioned herein by choosing to participate in the Activity.
3. I hereby release, waive, and forever discharge, and covenant not to sue the University, its trustees, officers, agents, employees, and students acting as employees (collectively, “Releasees”), from and against any and all liability for harm, injury, damage, delays, claims, demands, actions, causes of action, costs, and expenses of any nature that I may have or that may accrue to me arising out of or related to any loss, damage, or injury, including but not limited to suffering and death, that may be sustained by me or any property belonging to me, whether caused by negligence or carelessness of any Releasees, while in, on, or in transit to or from the premises where the Activity, or events related to the Activity, are conducted.
4. I understand and agree that the University has no medical personnel at the location of the Activity and that the Releasees assume no responsibility for injury or damage which arises out of or in connection with any third-party emergency medical treatment I authorize.
5. It is my express intent that this Release shall bind me, and anyone having Power of Attorney on my behalf, if I am alive, and my estate, family, heirs, administrators, personal representatives, or assigns, if I am deceased. I further agree to hold harmless, indemnify, and defend the Releasees from any claim by me or anyone set forth in this Section 5, arising out of my participation in the Activity.
6. In signing this Release, I represent that I have read and understand the nature of this Release and sign it as my own free act and deed.
7. I also represent that I have no health related reasons or problems which preclude or restrict my participation in the Activity, that I have adequate health insurance necessary to pay any medical costs that may arise as a result of any injury to me, that I am fully competent to sign this Release, and that I execute this release for full, adequate and complete consideration (i.e., the right to participant in the Activity) fully intending to be bound by the same.
8. I agree that this Release shall be construed in accordance with the laws of the State of New York, and without negating or impacting the covenant not to sue in Section 3, that any legal action that could arise related to the Activity or this Release shall be submitted to a court of competent jurisdiction located in Onondaga County, New York, and I hereby submit to the exclusive personal jurisdiction thereof. If any term or provision of this Release shall be held illegal, unenforceable, or in conflict with any law governing this Release, the validity of the remaining portions shall not be affected, and the illegal, unenforceable or conflicting provision shall be modified by the court so as to effect the original intent of the parties as closely as possible..
9. I will abide by the Sport Club Handbook.