Acceptance of Risks & Release of Liability
This Acceptance of Risks and Release of Liability ("Agreement and Release") is executed by the following student and is issued to MADISON AREA TECHNICAL COLLEGE ("COLLEGE").
I (Student) am voluntarily participating in an educational program, intercollegiate athletics try-out, which includes On-Campus Instruction and participation ("Activity"). Student certifies the physical ability to participate in the try-out and the verification of a completed physical/sports physical within 13 months of the date of the try-out.
The student understands that there are certain dangers, hazards, and risks inherent in the Activity. In certain circumstances, these dangers can include severe bodily harm and even death.
The student agrees to exercise reasonable care at all times with respect to the student's own health and safety and with respect to the health and safety of others. The student agrees to abide by all rules, policies, and procedures of the COLLEGE specific to the Activity.
In consideration for being allowed to participate in the Activity, the Student waives and fully releases, for himself/herself and for his/her executors, personal representatives, administrators, assignees, heirs, next of kin, agents, dependents, and beneficiaries, any and all rights, claims for damages, losses, demands, and any other actions or claims of whatever nature, whether based in law or equity, including but not limited to, the death of Student and/or any and all injuries, damages or illnesses suffered by Student or Student’s property which he/she has now, may have, or which may arise against or in any way related to, or caused by the Student’s participation in, the Activity. COLLEGE, its employees, faculty, the board of directors, agents, and volunteers shall not be liable for the foregoing, and Student, on behalf of himself/herself and for his/her executors, personal representatives, administrators, assignees, heirs, next of kin, agents, dependents, and beneficiaries, hereby expressly releases COLLEGE, its employees, faculty, the board of directors, agents, and volunteers from any and all such claims.
Moreover, Student, for himself/herself and for his/her executors, personal representatives, administrators, assignees, heirs, next of kin, agents, dependents, and beneficiaries hereby agrees to indemnify and hold harmless the COLLEGE, the COLLEGE'S employees, faculty, the board of directors, agents and volunteers from and against any liabilities, claims, damages, losses, including incidental and consequential losses, and expenses, including defense expenses and costs, attributable to losses, including, but not limited to bodily injury, sickness, disease or death, or to injury or destruction of any tangible property, arising out of, or resulting from or caused by the acts or omissions of the Student.
This indemnification obligation exists regardless of whether such claims, damages, losses, or expenses are caused solely by the Student or are contributed to in part by COLLEGE, its employees, faculty, the board of directors, agents, and volunteers. However, the law of the state of Wisconsin should injury or damage occur may provide for the apportionment of the loss.
This release of liability does not, however, apply to any intentional or reckless acts or conduct by the COLLEGE its employees, faculty, the board of directors, agents, or volunteers.
By signing this document, Student acknowledges that s/he is fully informed of the contents of this Agreement and Release and represents that s/he understands it. The student is not relying on any oral or written representations, statements, or inducements, apart from those made in this Agreement and Release.
Further, the Student understands that signing this form, together with the limitation and waiver of liability contained herein, or an alternative form that is acceptable to the College, is necessary for the Student to participate in the Activity. Student further agrees it has had the opportunity to negotiate possible alternate terms with the College and that the College has made representatives available to Student for such negotiations.
By signing this Agreement and Release, you give up substantial legal rights. Read and understand this entire document before you sign it.