Liability Waiver:
Purpose
This form is to be signed by each Participant (or the parent/guardian of any Participant under the age of 19) involved in the Program. In consideration for the educational, social, recreational, and other benefits to be provided, the receipt and adequacy of which is acknowledged, Participant agrees as follows
Liability Release
THIS IS A RELEASE OF LIABILITY. Participant knowingly and voluntarily waives, releases, exculpates, and
discharges UA and any related third-party entities or contractors from and against any and all Potential Liabilities connected with the Program. By signing this form, the Participant voluntarily agrees to discharge UA and any related third-party entities or contractors in advance from all such Potential Liabilities.
Indemnification
The Participant agrees to hold harmless and indemnify UA from and against Potential Liabilities related to or arising from Participant’s involvement in the Program.
Assumption of Risk
The Participant understands and acknowledges that there are risks, including significant risks, inherent in all activities that can result in loss, damages, injury, or death, including, without limitation:
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Travel/traffic risks such as accidents, crashes, and risks from autos operated by UA or the Program as well as autos operated by other individuals or entities, poorly maintained roads, sidewalks, as well as criminal acts that can result in serious injury or death;
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Premises risks, including those that may be owned by others and risks from water, such as drowning;
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Injury risks from falls, collisions, or accidents (such as cuts, bruises, torn muscles, sprains, broken bones, concussion, etc.);
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Outdoor risks, such as weather, lightning, heat or cold, insect bites/stings, allergic reactions to plants, dehydration, hypothermia, drowning, sunburn, animals, and limited access to medical care;
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Risks from others involved in the Program such as transmitted illnesses or others’ actions; • Health risks, such as allergic reactions, heart or respiratory events as well as other risks inherent in any strenuous activities, including things identified as “injury risks” herein;
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Equipment risks, including failure, misuse, inherent risks, and risks from UA or non-UA equipment;
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Remote/Online Programs, including but not limited to, the risk of data mining, phishing, viruses, malware, data breach of online information cyberbullying, exploitation, victimization, cyber stalking, online grooming, cyber predators, digital footprint, reputation loss, compliance violations, brand hijacking, image replication;
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Other risks and hazards beyond the control of UA, including criminal acts that can result in serious injury or death
The Participant acknowledges that they have had an opportunity to investigate the Program before executing this form and, knowing and understanding all risks associated with the Program, Participant nevertheless VOLUNTARILY AGREES TO ASSUME AND ACCEPT ALL RISKS that potentially accompany participation in the Program. Participant also agrees to take all reasonable steps to avoid any risks, injury, or death.
Health Care and Emergencies
UA does not accept responsibility or liability for providing health care services or health care insurance for Participant. Participant should consult their own medical care provider, and warrants their physical fitness to participate in the Program. Participant and Participant’s parent or guardian agree to provide necessary supervision of all activities associated with the camp and further agree and understand that they shall be solely responsible for responding to health care events and other emergencies. Participant agrees to be responsible for the payment of any fees and charges that may be imposed by any doctor or hospital facility in the provision of medical care to Participant. Further, Participant agrees to indemnify and hold UA harmless from any claim that may be made by a doctor of medical facility of said fees and charges incurred in the provision of medical care to Participant. Additionally, parent/guardian agrees to promptly pick up Participant if requested by UA due to an emergency situation (including hospitalization or threats of self-harm).
Conduct
Participant agrees, for the duration of the Program, to abide by all applicable federal, state, and local laws as well as the rules and regulations for the Program. For virtual programs or activities, the parent or guardian of Participant agree to supervise the Participant at all times during the virtual components of the Program. Participant also agrees to follow posted signs as well as instructions and directions of University officials and Program directors and supervisory staff.
Photography
Participant acknowledges that photographs and possible video/audio recordings may be taken and irrevocably and perpetually authorizes UA to broadcast these images and/or video/audio recordings. Participant releases and discharges UA from any potential claims related to the broadcast or use of their image, and any potential claims related to the work. Participant waives any right to inspect or approve the work or the broadcast of their image. This agreement shall be interpreted in accordance with applicable law. This is the entire agreement of the parties, and any changes must be in writing.
Definitions
The following terms have the stated meaning when used in this document:
- Applicable Law – the laws of the State of Alabama, without regard to conflicts of laws provisions. UA does not waive, but reserves, all immunities, including Article I, section 14, of the Alabama Constitution. Claims against the University must be made to the State Board of Adjustment. To the extent not barred by immunity, nor required to be filed before the Board of Adjustment, exclusive venue and jurisdiction of all disputes shall lie in the state and federal courts of Tuscaloosa County, Alabama.
- Broadcast - to use, reuse, broadcast, publish and/or copyright, in whole or in part, for advertising, promotion, publicity, trade, educational, commercial, merchandising, packaging, public relations and media purposes, in all media, worldwide without limitation, in perpetuity.
- Image - image, picture, name, biographical information, voice, statements, recordings or interviews made by or attributable to the person who is appearing in the work, verbatim or otherwise, photographic portraits, drawings, visual representations, video tapes, motions pictures, or other use of likeness in whole or in part, and any reproductions thereof.
- Participant – the person participating in the Program or any University employee (regular or temporary), 3rd party employee, student, or volunteer working in any capacity to facilitate or support the Program. If the Participant is under age 19 or is under some form of court-ordered guardianship or custodial arrangement, permission and acknowledgement by a parent/guardian is required.
- Potential Liabilities or Claims – any and all loss, injury, death, claims, actions, suits, proceedings, settlements, damages, costs, fees, and expenses, at law or equity, known and unknown, foreseen and unforeseen, including, but not limited to, attorney fees and costs of litigation, and liabilities arising out of, connected with, or resulting from the Participant’s involvement in the Program, such as medical expenses, other costs, injury, sickness, or death. Additionally, potential claims related to the use of the Participant’s image may refer to any liability, damages (compensatory or punitive), claims, or causes of action whatsoever, including, without limitation, claims for invasion of privacy, defamation of character or any alteration, distortion or illusionary effect, whether intentional or otherwise.
- Program – Summer on Campus including all activities incidental or connected therewith, such as housing, dining, training, activities, and transportation. Programs may be held on or off University property and may require transit between two or more locations. The terms of this document will apply regardless of Program location, including to and from the event(s).
- UA – The Board of Trustees of The University of Alabama (hereinafter referred to as “UA” or “University”), including The University of Alabama, affiliated foundations, and their respective trustees, officers, employees, agents, representatives and volunteers.
- Work – the finished product and any material used in connection therewith.