Release, Waiver of Liability, and Covenant Not to Sue
I, as the parent of the participant in the Program, wish for my child to participate in the Program. In consideration of the services to be rendered by the University in organizing and operating the Program and in consideration of my child’s participation in the Program, I hereby agree to the following:
I understand activities for the Program may include, but are not limited to, the following: travel to, from, and during the Program (by car, bus, or walking); overnight stays at Camp Wahsega (a property not owned or operated by the University); sports-related and other physical activities (e.g. running, hiking, swimming, water sports, etc.); rappelling from a rock face and rappel tower at Camp Merrill (a property not owned or operated by the University); participating in obstacle and confidence courses in an outdoor setting; physical exertion such as lifting or moving heavy objects; spending extended periods of time outdoors being exposed to the elements (e.g. sun, wind, rain, insects, other environmental allergens, etc.); and consumption of food and/or beverage.
I understand that certain risks are inherent in participation in the Program. These risks may include, but are not limited to, such things as incidents related to sports-related activities, including sprains, broken bones, cuts, bruises, rope burn, entrapment, temporary or permanent disability, and/or death; transportation; driver error; adverse weather conditions; theft of personal property or other criminal activity; allergic reactions to food and drink items, insects, and other environmental allergens; exposure to contagious diseases; other physical, mental, and emotional injury; and other risks and dangers, whether known or unknown or reasonably foreseeable.
I understand and agree that the University does not provide insurance to cover medical expenses for injuries that may be sustained by my child or for damage to my child’s personal property, and that the University strongly recommends that I carry my own health, medical, and property insurance for purposes of potential losses related to the Program.
In the event of an accident or serious illness, I hereby authorize representatives of the University to obtain medical treatment and transport for my child on my behalf. I hereby hold harmless and agree to indemnify the University from any claims, causes of action, damages, and/or liabilities arising out of or resulting from the medical treatment or transport. I further agree to accept full responsibility for any and all expenses, including medical expenses, which may derive from any injuries to my child that may occur during my child’s participation in the Program.
I understand that my child’s participation in the Program is entirely voluntary. I fully understand the scope of the activities and the potential risks involved in the Program. I hereby acknowledge that my child’s participation in the Program involves an inherent risk of property damage and/or bodily or personal injury, including death, and I assume all risks. I hereby agree that for the sole consideration of the University allowing my child to participate in the Program, I do hereby release and forever discharge the State of Georgia, the Board of Regents of the University System of Georgia (“BOR”), the University, its departments, agencies and instrumentalities and all of their respective officers, members, employees, and agents, or any of their members individually of any and from all claims, demands, rights, and causes of action of whatever kind or nature, arising from and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property, and the consequences thereof, resulting from my child’s participation in or in any way connected with the Program. I hereby acknowledge that this Release, Waiver of Liability, and Covenant Not to Sue (“Release”) shall be governed by and construed under the laws of the State of Georgia. I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Georgia and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I further covenant and agree that for the consideration stated above, I will not sue the University, the BOR, or any of their respective members, officers, agents, or employees for any claim for damages arising or growing out of any voluntary participation in the Program. I understand that the acceptance of this Release by the University and the BOR shall not constitute a waiver in whole or in part, of sovereign or official immunity by the University or the BOR or their respective members, officers, agents, and employees. This release shall be binding upon me and my heirs, legal representatives, and assigns.
I have read this entire Release, Waiver of Liability, and Covenant Not to Sue, I fully understand it, and I agree to be bound by it.