UNA Recreation Agreement, Risk Acknowledgement and Waiver of Liability

I understand that the University of North Alabama (UNA) does not require me to participate in campus recreation (including but not limited to intramurals, extramural participation, club sports, physical sports, weight and cardiovascular training, instructional programs, fitness programs and classes and any other program and services sponsored by UNA Recreation, including related travel and the UNA Outdoor Adventure Center.  My participation in these activities, events, programs and sports is completely voluntary. I understand that it is my responsibility to determine which activities I am physically capable of participating in, and may choose or decline to do any activity, program, event or sport at any time. 

Liability Waiver:

In consideration for the opportunity to participate in the UNA Rec, and to use the associated equipment, facilities and machinery (the “Activities”), with full knowledge and acceptance of the risks involved, I, along with my heirs, assigns, executors or personal representatives, hereby release and hold harmless, waive, discharge, and covenant not to sue UNA, its faculty, staff, officers, trustees, representatives, chaperones, employees, coaches, volunteers, and agents (“Releasees”) from all manner of action and actions, cause and causes of action, suits, claims, liabilities, or demands of any nature, including, without limitation, claims of UNA’s negligence, resulting from any physical or psychological injury (including paralysis and death), illness, damages, property loss, or economic or emotional loss resulting from my participation in the Activities, including travel to, from and during the Activities.

Risk Acknowledgement & Assumption:

I understand and am aware that strength, flexibility, fitness and aerobic exercise programs, and the use of sports and exercise equipment, as well as sports activities are potentially hazardous activities. I UNDERSTAND THAT THE DANGERS AND RISK OF THE ACTIVITIES COULD RESULT IN PHYSICAL OR PSYCHOLOGICAL HARM AND THE DANGERS AND RISK MAY INCLUDE, BUT ARE NOT LIMITED TO: BROKEN BONES OR DISLOCATIONS, MUSCLE STRAINS/SPRAINS OR TEARS, BRUISES, LACERATIONS, PUNCTURES, CONCUSSIONS, HEAT STROKE/EXHAUSTION, JOINT OR NECK/BACK INJURIES, HEART ATTACK, PARALYSIS, STROKE, DROWNING, OR DEATH. I further understand and acknowledge that the dangers and risks of playing or practicing these Activities may result not only in injury, but serious impairment of my future abilities to earn a living, to engage in other business, social, and recreational activities, and generally to enjoy life. I understand that these injuries or outcomes may arise from my own or others’ actions, inaction, or negligence; conditions related to travel; or the condition of the activities location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in the Activities, including travel to, from, and during the Activities.

Intramural Sports & General Facilities Use:

It is the responsibility and decision of each participant to participate only in those Activities for which he/she has the prerequisite skills, qualification, preparation, physical capability & agility, and/or training. UNA does not warrant or guarantee in respect the competency or mental or physical condition of any instructor, supervisor, official, leader, volunteer, referee, umpire, or individual participant in any intramural or recreational sports activities. THE UNIVERSITY ALSO DOES NOT WARRANT OR GUARANTEE IN ANY RESPECT THE PHYSICAL OR WORKING CONDITION OF ANY OF THE EQUIPMENT, FACILITIES AND MACHINERY USED IN CONNECTION WITH INTRAMURAL SPORTS PROGRAMS, OUTDOOR FITNESS CLASSES AND THE ACTIVITIES AND PROGRAMS OFFERED AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES SURROUNDING THE PERFORMANCE OR USE OF SUCH EQUIPMENT, FACILITIES AND MACHINERY. THIS DISCLAIMER AND EXCLUSION INCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF FITNESS, FITNESS FOR A PARTICULAR USE, MERCHANTABILITY, AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES.

I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in UNA club sports, intramural sports, or any of the activities and programs, UNA’s various facilities, or use of equipment and machinery. I hereby acknowledge that it is recommended that I obtain a physician’s approval for my/our participation in an exercise/fitness activity or in the use of exercise equipment and machinery. I also acknowledge that it has been recommended that I have an annual or more frequent physical examination and consultation with my physician as to physical activity, exercise, and use of exercise and training equipment so that I might have recommendations concerning sports and fitness activities and equipment use. 

I hereby understand the importance of having a physical examination and physician’s approval prior to participating in any exercise, fitness or sports programs for my own health and safety, and do hereby assume all responsibility for my decision to do so, and my/our participation in said activities, and utilization of equipment or machinery in my activities.

Medical Coverage:

I acknowledge that UNA does not carry health or accident insurance to cover for these voluntary activities, and I understand and agree that coverage and payment for medical treatment or injury related costs are my responsibility or the responsibility of my legal guardian. By participating, I acknowledge that I have adequate medical coverage for any Activities I will or I am participating in. 

Emergency Treatment:

I hereby consent and give my permission to be treated for emergency medical care and first aid by a medical facility and/or university personnel. The authority and release granted in the preceding sentence shall include the right (at the sole discretion of UNA) to place me, at my own expense, without any further consent if deemed an emergency, in a hospital or with an emergency medical provider for emergency medical services and treatment, or if no emergency provider is readily accessible, with a local medical doctor or medical provider for treatment as available, to include any first aid treatment offered or implemented by Stetson University staff. I agree to assume all costs related to such treatment, including transportation costs. I further authorize the release of any medical information necessary to process a claim for accident/medical payment insurance for an injury or illness incurred while I am participating in any activity. I hereby release UNA, its agents, officers, trustees, staff, instructors, and volunteers from any liability for any such decisions or actions as may be taken by them in connection with any treatment or first aid provided above in connection with the Activities.

Instructions for Use of Equipment:

I also acknowledge that I have received or have been given the opportunity to receive equipment orientation, and any questions that I had regarding said equipment or the above programs were answered to my full satisfaction.  Furthermore, I understand that if I have additional questions or any concerns regarding programs, activities or use of equipment, that it is my responsibility to consult with Recreational Sports and Fitness personnel prior to participating in such a program, or prior to utilizing any equipment. 

Indemnification:

I agree to indemnify and hold UNA and its Releasees harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys’ fees and other litigation costs and expenses) incurred by UNA or its Releasees as a result of any claims or suits that I (or anyone claiming by, under or through me) may bring against UNA or its Releasees to recover any losses, liabilities, costs, damages or expenses which arise during or result from my participation in the Activities, regardless of whether or not caused in whole or in part by the negligence or other fault of UNA.

I agree that this document shall be governed for all purposes by Alabama law, without regard to such law on choice of law.  I further acknowledge that any and all claims against the University are subject to a ruling from the Alabama Board of Adjustment.  Nothing contained within this Agreement shall be interpreted in such a way that University acted contrary to or outside of its authority to act as an entity of the State of Alabama.

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