DESCRIPTION OF ACTIVITY: (hereafter the Activity) TRIO ETS meetings, workshops, tours, use of campus
facilities, etc.
LOCATION: Multiple locations including the SUU campus and other schools.
DATES: Upon acceptance date to end of participant’s participation in TRIO ETS program.
This Activity Participation Agreement (the “Agreement”) is a consent, waiver, and release entered into between Southern Utah University (“SUU”), and the undersigned as Parent/Guardian of the Participant.
Guardian acknowledges that this Agreement contains, among other provisions, the following contractual terms: an assumption of risk, a covenant not to sue, a release of the Guardian and Minor’s claims, and indemnification obligations. Guardian represents that Participant is under 18 years of age and that Guardian is fully competent and authorized to sign this Agreement on Participant’s behalf. Guardian gives permission for Participant to engage in the Activity. In consideration for SUU permitting Participant to engage in the Activity, Guardian, for Participant, and for their respective heirs, personal representatives, and assigns, agrees as follows:
1. Assumption of Risk. Guardian represents that Participant is qualified, in good health, and in proper physical condition to participate in the Activity. Guardian acknowledges and understands that the Activity may include but is not limited to the following: physical activities (e.g., running, jumping, climbing); physical exertion such as lifting or moving heavy objects; spending extended periods of time outdoors being exposed to the elements (sun, wind, rain); travel to and from the Activity; and consumption of food and/or beverage Guardian acknowledges and understands that Participant may be exposed to certain risks that are inherent in participation in the Activity. These risks may include but are not limited to such things as incident related to the above-mentioned activities, including sprains, broken bones, cuts, bruises, entrapment, temporary or permanent disability, illness, personal injury, and/or death; adverse weather conditions; exposure to theft and other criminal activity; allergic reactions to food and drink items; other physical, mental, and emotional injury; other risks and dangers, whether known or unknown nor reasonably foreseeable. Guardian, on behalf of Participant, knowingly and voluntarily, accepts, and assumes responsibility for each of these risks and dangers, and all other risks and dangers that could arise out of, or occur during, Participant’s engagement in the Activity.
2. Covenant Not to Sue: Guardian for him/herself, and on behalf of Participant, agrees that Guardian will not commence any legal action or lawsuit or otherwise assert any legal claim against SUU and its officers, directors, employees, and agents seeking relief for any claim, whether or not such claim is released or waived under this Agreement.
3. Indemnification: Guardian agrees to indemnify and hold SUU and its trustees, officers, directors, employees, and agents harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of Participant’s involvement in the Activity and to reimburse SUU for any such expenses incurred.
4. Release of Claims: Guardian for him/herself, and on behalf of Participant, agrees to release and fully discharge the State of Utah, SUU, their agencies, departments, officers, employees, trustees, agents and all sponsors, officials and staff or volunteers from any and all liability, claims, demands, breach of warranty, negligence, malpractice, or any other actions, and causes of actions whatsoever for any loss, claim, damage, injury, illness, attorney’s fees or harm of any kind or nature to me or the Participant arising out of Participant’s participation in the Activity. This release extends to any claim made by parents or Guardian/s or their assigns.
5. Severability/Governing Law: Guardian agrees that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Utah and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The Agreement shall be governed by the laws of the State of Utah, without regard to conflicts of laws principles. Venue for any lawsuits, claims, or other proceedings between the Parties relating to or arising under the Agreement shall be exclusively in the State of Utah.
6. Likeness Release: Guardian hereby grants absolute rights and permission to SUU staff and their sponsors to use photographic portraits and/or video footage of this minor for any and all illustration, promotion, or advertising.
7. Health Insurance and Consent to Medical Treatment: Should Participant require emergency medical treatment as a result of any accident or illness arising during the Activity, Guardian expressly consents to such treatment. Guardian acknowledges that SUU will not provide health and accident insurance for Participant, and Guardian agrees to be financially responsible for any medical bills incurred as a result of emergency medical treatment. Guardian agrees to release the State of Utah, SUU, and their agencies, departments, officers, employees, trustees, agents and all sponsors, officials and staff or volunteers from the cost of any medical care that Participant receives as a result of participation in the Activity.