hereby acknowledge that I have permission to use, Warren Wilson College’s public athletic facilities and fitness centers and/or equipment located within various buildings on the Warren Wilson College campus (together, “Facilities”). I further acknowledge that my participation and use is elective and voluntary. In consideration for being permitted by Warren Wilson College to use the Facilities, I hereby acknowledge and agree to the following:
PROMOTIONAL RIGHTS: As a condition of my use of Facilities, I hereby grant Warren Wilson College the right to use, for promotional purposes only, any photographs of me taken by Warren Wilson College, its employees, or agents, during my use of its Facilities. I further understand and agree that Warren Wilson College may use (for marketing purposes) any statements or quotes attributed to me in my evaluation of the Facilities.
RULES AND REQUIREMENTS: I agree to conduct myself in accordance with Warren Wilson College policies and procedures. I further agree to abide by all the rules and requirements of the Facilities. I acknowledge Warren Wilson College has the right to terminate my use of its Facilities if it is determined that my conduct violates any rule of the Facilities, or is detrimental to the best interests of the Facilities or others using the Facilities, or for any other reason in the Warren Wilson College’s discretion.
INFORMED CONSENT: I have been informed of and I understand the various aspects of the use of the Facilities. I understand that as a user of the Facilities, I will engage in physical activities, including but not limited to practicing, training, observing, and possibly competing in Facilities events and that the risks associated with physical activities include, but are not limited to, sprains, cuts, contusions, abrasions, lacerations, blunt force trauma, concussions, serious bodily injury to virtually all bones, joints, muscles, and internal organs, cardiac problems, drowning, and in some extreme cases long-term injuries, including but not limited to brain damage that may result in mental and emotional disabilities, and/or physical damage, including but not limited to the musculoskeletal, nervous, respiratory and/or urinary systems, and/or death. I understand that protective equipment or preventative measures may be inadequate to prevent any such serious injury. These serious personal injuries and possible death may not only be a consequence of Warren Wilson College’ (as defined herein) actions, inactions, negligence or fault but also the actions, inactions, negligence or fault of others, conditions of the equipment used, facility conditions, weather conditions, improper lifeguarding, officiating or refereeing, negligent first aid operations and procedures and I understand that there may be other risks not known to me or not reasonably foreseeable at this time I understand and agree that any injury, illness, damage, disability, or death that I may sustain by any means is my sole responsibility, except as explicitly specified in this Agreement.
ASSUMPTION OF RISK: I understand and acknowledge that there are potential dangers incidental to my use of the Facilities, including risks of damage, bodily injury and possibly death as discussed throughout this Agreement. The risks may result from the activity itself, from the acts of others, from use of the equipment or Facilities, or organization of or unavailability of emergency medical care. Potential risks with respect to use of the Facilities are as follows:
Athletic Facilities: Dangers incidental to my use of Warren Wilson College’s athletic facilities may include activities such as, practicing, training, observing, utilizing equipment, and competing in events within Warren Wilson College’s athletic facilities. I understand that risk varies based upon the activities (including Facilities) in which I participate within the facility. I am aware that certain activities (including Facilities) can involve vigorous activity involving severe cardiovascular stress and/or violent physical contact. I understand that certain activities involve certain risks, including but not limited to, death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damages, and serious injury to virtually all bones, joints, muscles, and internal organs, and that protective equipment may be inadequate to prevent serious injury. I understand that the athletic facilities may not offer protective equipment and that I am responsible for ensuring I use protective equipment as necessary. I further understand that Warren Wilson College personnel may not be present in the athletic facilities at all times. I understand that I am responsible for following the rules and requirements posted in any athletic facility and I enter and use the facility at my own risk.
Fitness Equipment Center(s): Warren Wilson College has facilities for and provides activities such as weight lifting, running, aerobic activities, classes, and sporting activities. Some of these activities involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed, change of direction, and sustained physical activity, which place stress on the cardiovascular and musculoskeletal systems. I understand that certain activities involve certain risks, including but not limited to, death, serious neck and spinal injuries resulting in complete or partial paralysis, brain damages, and serious injury to virtually all bones, joints, muscles, and internal organs. Various machines, apparatus, and equipment are offered in the fitness centers. I understand that these should be used responsibly at all times. I further understand that Warren Wilson College personnel may not be present in the fitness centers. I understand that I am responsible for following the rules and requirements posted in any fitness facility and I enter and use the facility at my own risk.
I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ACTS OF WARREN WILSON COLLEGE (AS DEFINED HEREIN), UNLESS THE RISKS ARISE SOLELY FROM WARREN WILSON COLLEGE'S NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT and I assume full responsibility for my participation in the Facilities and use of the Facilities.
RELEASE AND WAIVER OF LIABILITY: I, on behalf of myself, my personal representatives, heirs, executors, administrators, agents, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE WARREN WILSON COLLEGE, including its governing board, trustees, directors, officers, employees, and any students, agents or volunteers acting at Warren Wilson College’s direction, for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys’ fees), arising from any injury, damage or death that I may suffer as a result of my use of the Facilities, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY WARREN WILSON COLLEGE, UNLESS THE INJURY DAMAGE OR DEATH IS CAUSED BY WARREN WILSON COLLEGE'S NEGLIGENCE OR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND REGARDLESS OF WHETHER THE INJURY DAMAGE OR DEATH OCCURS WHILE IN, ON, UPON, OR IN TRANSIT TO OR FROM THE PREMISES WHERE THE ACTIVITY, OR ANY LOCATION ADJUNCT TO THE ACTIVITY, OCCURS OR IS BEING CONDUCTED.
I further agree that Warren Wilson College is not in any way responsible for any injury or damage that I sustain as a result of my own negligent or grossly negligent acts or my own intentional misconduct and I hereby release Warren Wilson College from any liability for the same.
Warren Wilson College expressly disclaims liability for actions of third parties, which includes but is not limited to students, agents, or volunteers who are not acting under the direction and control of Warren Wilson College. I, hereby release Warren Wilson College from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, damage or death that I may suffer as a result of actions of any third parties who are not Warren Wilson College.
INDEMNITY: I, on behalf of myself, my personal representatives, heirs, executors, administrators, agents, and assigns, agree to hold harmless Warren Wilson College from any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, damage or death that I may suffer as a result of my use of the Facilities, REGARDLESS OF WHETHER THE INJURY, DAMAGE OR DEATH IS CAUSED BY THE WARREN WILSON COLLEGE OR OTHERWISE, UNLESS THE INJURY, DAMAGE OR DEATH IS CAUSED BY WARREN WILSON COLLEGE'S NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
I further agree that, in the event that I or any of my family members, personal representatives, heirs, executors, administrators, agents, assigns or any other third party attempts to assert any claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, damage or death to me, including but not limited to any injury resulting from my own negligence, gross negligence or intentional misconduct during or related to the use of the Facilities and equipment, I AGREE TO DEFEND AND INDEMNIFY WARREN WILSON COLLEGE AGAINST SUCH CLAIMS, DEMANDS, CAUSES OF ACTION (KNOWN OR UNKNOWN), SUITS, AND/OR JUDGMENTS OF ANY AND EVERY KIND (INCLUDING ATTORNEYS FEES) TO THE FULLEST EXTENT PERMITTED BY LAW.
COVID-19. You agree to release the College, its trustees, and officers, its employees, and agents from any and all damages, liability, claims, expenses, or loss (collectively, “Claims”) resulting from or arising out of your use of College facilities (College Athletic Centers, etc.*), or participation in our programs including those with the potential exposure to contagious diseases like COVID-19. Furthermore, you agree to indemnify and hold harmless the College, its agents, and employees from any Claims resulting from or arising out of your breach of the terms and conditions of (the behavioral expectations set by the College related to social distancing, etc.*) You understand that by participating in this activity, you are assuming the risks associated with the activity and, as in any activity involving other persons, those risks include potential exposure to contagious diseases, including COVID-19.
PERSONAL MEDICAL INSURANCE. I agree to purchase and maintain during the term of the Facilities personal medical insurance. I further acknowledge that I am responsible for the cost of any and all medical and health services I may require as a result of using the Facilities except for medical costs arising from an injury that I sustain that is the direct result of Warren Wilson College's negligence or gross negligence or intentional misconduct. I understand and agree that Warren Wilson College shall not in any way be responsible for other contingent losses arising from any injury I sustain that is not the result of Warren Wilson College's negligence, gross negligence or intentional misconduct.
CERTIFICATION OF FITNESS TO PARTICIPATE: I attest that I am physically and mentally fit to use the Facilities and utilize fitness equipment and that I do not have any medical record or history that could be aggravated by my participation in my particular activity. I further attest that I am physically and mentally fit to participate in fitness activities in the Facilities, and that I am responsible for consulting with my health care provider towards this end.
RESPONSIBILITY FOR REPORTING INJURIES: I understand that it is my responsibility to immediately report any injuries and illnesses I sustain while at the Facilities to a Facilities employee. I also understand and acknowledge that I must be an active participant in my own healthcare and as such, it is my responsibility to report all injuries and illnesses, including signs and symptoms of concussions, to my personal qualified health care provider. I hereby affirm that I have fully disclosed in writing any prior medical conditions to my health care provider and will also disclose any future conditions to my health care provider.
MEDICAL CONSENT: I understand and agree that Warren Wilson College may not have medical personnel available at the location of the Facilities, nor at the Facilities. I understand that in the event I experience an injury or medical condition that appears to require emergency treatment, Warren Wilson College may direct for me to be transported to the hospital’s emergency room. Such transportation is authorized under the federal Emergency Medical Treatment and Active Labor Act (EMTALA), which mandates medical screening examination and treatment for all patients presenting to an emergency department with an emergency medical condition. I understand and agree that Warren Wilson College assume no responsibility for any injury or damage which might arise out of or in connection with any authorized emergency medical treatment authorized or unauthorized. I further understand that in the event that I experience any condition requiring emergency medical treatment, that I be transported to the hospital for such care.
NON-EMPLOYEE STATUS: I understand and acknowledge that in using Warren Wilson College’s Facilities, I am doing so independently and that, I am not an employee or agent of Warren Wilson College. I understand and agree that as a non-employee, I am not entitled to receive compensation or any other employee benefit from Warren Wilson College for my use of the Facilities.
For Warren Wilson College Employees:
I understand and agree that, even though I am an employee of the Warren Wilson College, as evidenced by a separately executed written agreement, if I choose to use Warren Wilson College’s Facilities, I am doing so independently and voluntarily and am not acting within the scope of my employment while doing so. I understand and agree that as such, I am not entitled to receive compensation or any other employee benefit from Warren Wilson College for my use of the Facilities.
CHOICE OF LAW: I hereby agree that this Agreement shall be construed in accordance with the laws of the State of North Carolina.
SEVERABILITY: If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement the validity of the remaining portions shall not be affected thereby.
I hereby acknowledge that I have read, understand and will abide by each of the terms and conditions of this Agreement. I understand that I may seek legal counsel of my own choosing to fully explain any terms of this Agreement to me before I sign it.