WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK FOR TRAVEL
AND RELATED ACTIVITIES FOR THE 26-27 FRESHMEN RETREAT
Name of the Student: {studentName} (“Student”)
This Waiver and Release (“the Agreement”) must be read, completed, and returned to Lutheran High School (the “School”) prior to participating in any travel or associated activities as more specifically described in Exhibit A (“the Activities”).
In consideration for Student being permitted to participate in the Activities, I, the undersigned, agree that Student may participate in the Activities and I acknowledge and agree to the following:
A. Nature of the Activities. I have reviewed the Activities in which Student will participate, and understand the Activities involve certain risks, including without limitation the risk of injury, death, economic loss, property damage or other losses. I agree that Student will follow all instructions and will comply with all rules and directives of the School or School Representatives for the Activities. I understand that the Activities described herein are not all-inclusive, and may change at the discretion of the School, but will be of the same general nature and risk as those described in Exhibit A.
B. Assumption of Risk. I fully understand that participating in the Activities may not only involve risk of serious injury or death, economic loss, property damage, or other losses that may result from Student’s or my own actions, inactions or negligence, but also from the actions, inactions or negligence of others, and I voluntarily agree to assume this risk on behalf of Student. I agree that all such risks are my responsibility.
C. Covenant Not to Sue. I, on behalf of myself, Student, and any personal and legal representatives, heirs, successors and next of kin of either, will not make or bring any Claims against the School, or any of its present or former directors, officials, employees, agents, attorneys, insurers, chaperones, volunteers, contractors, and other representatives of the School, and their respective successors, heirs and assigns (collectively referred to as “School Representatives”), for injury, damage, death or any other loss or Claims arising from or related to Student’s participation in the Activities.
D. Release and Indemnification. I, on behalf of myself, Student, any personal and legal representatives, heirs, successors and next of kin of either, do hereby forever release, waive, discharge, relinquish, indemnify, and agree to hold harmless the School and School Representatives from any and all lawsuits, actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, and liabilities of every kind and character, whether known or unknown, foreseen or unforeseen, including without limitation bodily injury, death, economic loses, damages, and personal injuries that may be sustained by me, the Student, or any other person in any way connected to, related to, or arising out of Student’s participation in the Activities, regardless of any cause or negligence of the School or School Representatives (collectively “Claims”).
E. Good Health. Except as has been disclosed in writing to the School, I warrant that Student is in good health and has no medical condition that would present a health risk or prevent him or her from participating in the Activities, including without limitation any special dietary needs, allergies, or need for medication. I will make all preparations necessary to safeguard Student’s health and comply with all recommended precautions pertaining to health and travel. I have had the opportunity to seek medical advice for any concerns I may have regarding Student’s health. I hereby specifically release the School Representatives and School Representatives from any Claims arising out of my failure to disclose any such medical concerns to School.
F. Medical Treatment. I understand that School does not provide me or the Student with any insurance, including life, medical, motor vehicle, or liability, for any participation in the Activities or issues that might arise related thereto, including without limitation illnesses, accidents, injuries, losses, or damages that may occur as a result of Student’s participation in the Activities. I authorize the School and School Representatives to obtain necessary medical care for Student during participation in the Activities and I agree that in the event it becomes necessary for a School Representative to obtain medical care for the Student, which may include emergency care, neither the School nor the School Representative assumes financial liability for expenses incurred as a result thereof. I understand that every effort will be made to contact me to explain the nature of the medical issue prior to any involved treatment, especially in a non-emergency situation, but I also recognize that such prior contact may not always be possible to best ensure the health and safety of the Student. I understand I have the sole responsibility, and will pay, for all medical expenses of the Student arising out of Student’s participation in the Activities.
G. Property. I understand that the School or School Representatives are not responsible or liable for my student’s personal effects and property and that they may not provide lock up or security for any items. I will hold them harmless in the event of theft or loss resulting from any source or cause.
H. Legal Issues. Should I develop legal problems while away from school or participating in a school activity, I will attend to the matter with my own personal funds. The School or School Representatives are not responsible for providing any assistance under such circumstances.
I. Choice of Law and Venue. By signing below I irrevocably consent to the exclusive jurisdiction and venue of federal or state courts located within the state of Colorado, and no court in any other state or location shall have jurisdiction, in connection with any matter based upon or arising out of this Agreement or any Claims or other matters contemplated herein. This Agreement will be construed under the laws of the state of Colorado, without giving effect to any conflicts of laws principles or laws.
I have carefully read this Agreement and fully understand its contents. I have had opportunity to seek legal advice, if so desired. I am aware that I have given up substantial rights by signing the Agreement, and I am signing the Agreement voluntarily. Neither I nor Student has any obligation to participate in the Activities or sign this Agreement, but I desire to do so.