By its very nature athletics can put students in situations in which serious catastrophic and perhaps fatal accidents and injuries could occur. Many forms of athletic competition and intramural sports result in physical contact between players, variation in terrain (such as holes, depressions, loose gravel, rocks, and so on), as well as the use of equipment, any or all of which may result in serious accidents or injuries, strenuous physical exertion, exposure to outside elements, and numerous other exposures to risk of injury. The risk of injury or illness from athletic activities (including, without limitation, basketball, tennis, golf, track and field, cross country, or other intramural athletic activities) and the transportation associated with such activities is significant, including, without limitation, bodily injury (such as sprained or twisted joints, bruises, scrapes, cuts, lacerations, puncture wounds, bone fractures, loss of limbs, and injuries sustained in falls), paralysis, concussion or other brain injury, heat stroke, heat exhaustion, dehydration, other serious physical or mental impairment, and death. Risk of participation also includes potential exposure to infectious diseases, including epidemics, pandemics and exposure to COVID-19. Students must assess the risks involved in such participation and make their own voluntary choice as to whether to participate despite those risks. No amount of instruction, precaution, equipment, personal discipline, or supervision will eliminate all risk of injury or death.
In consideration of being allowed to participate in any way in any of Beacon College’s athletic programs (basketball, tennis, golf, track and field, cross country, or other intramural athletic activities), including, without limitation, participating in, competing or observing events or games, conditioning, and training on and off Beacon College’s property, riding in Beacon College provided transportation, traveling to and participating in practices and athletic competitions at other schools and venues, or using any athletic equipment (collectively the “Program”), I * * (“Student”), WAIVE, RELEASE AND DISCHARGE, AND PROMISE NOT TO SUE Beacon College, and its officers, directors, trustees, employees, staff, coaches, volunteers, chaperones, and supervisors and their successors and assigns (collectively referred to as “Beacon College”) from any and all liability or claims, suits, damages, injury, disability, death, costs and expenses (collectively, the “Claims”) relating to, associated with, connected with, or arising from, directly or indirectly, the Program, whether on or off Beacon College property.
My release, waiver, discharge and promise not to sue Beacon College extends to all Claims, whether arising before, during or after my participation in the Program, whether described in this Release, Waiver, and Indemnification Agreement or not, and whether caused by the sole or joint negligence, gross negligence, or tortious act or omission of Beacon College, or any of them, or any third party. I understand that this Release, Waiver, and Indemnification Agreement extends to Beacon College’s own sole or joint negligence, gross negligence, or tortious act or omission. However, this Release and Waiver does not apply to the willful misconduct of Beacon College. I knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule, or common law which may limit the scope of this Release and Waiver. I understand that this Release and Waiver does not release and is not intended to release any claims I may have against any person or party other than Beacon College.
I also agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS Beacon College from any and all claims, liabilities and costs asserted by or on behalf of myself or any of my legal representatives, heirs, successors and assigns within the scope of the release above. I also agree to be financially responsible for any and all damages, costs, or fees for which Beacon College may be liable as a result of my conduct.
If any part of this Release, Waiver, and Indemnification Agreement, or if the whole Release, Waiver, and Indemnification Agreement is found to be invalid, unenforceable, or void, for any reason, then I acknowledge and agree that Beacon College’s entire liability to me or any other person shall never, under any circumstances, be more than any applicable insurance limits, even if Beacon College was negligent or grossly negligent. In addition, I acknowledge that Beacon College shall not be liable to any person for special, incidental, consequential, or punitive damages or for any indirect damages such as, but not limited to, exemplary damages or lost earnings, lost revenues or loss of consortium, or companionship (even if I have been advised of the possibility of such damages) whether based upon statute, contract, tort, negligence, strict liability, or otherwise.
By granting me permission to participate in the Program and in signing this Release, Waiver, and Indemnification Agreement, I acknowledge and agree that: (1) I am aware of and understand fully the risk to me personally and to my property, which may result in my serious or permanent bodily injury or death, and I understand the risk I face can be a consequence not only of my acts or omissions, but also of the actions or negligence of Beacon College (including coaches, staff, employees, volunteers, agents, or representatives), other participating students, independent contractors or third parties, or transportation and equipment; (2) I am responsible for requesting any additional information I need to determine whether I will participate in the Program; and (3) Beacon College’s coaches and staff have been available to answer questions about the nature and demands of the Program. For some sports, Beacon College may provide transportation to games or practices that are off campus and back to campus after the activity. For other sports, students may be required to provide their own transportation after games or practices from the off-campus location. Please contact your coach to be sure you fully understand the transportation arrangements before signing this document.
I agree that I have a responsibility to help reduce the chance of accidents and injuries. I agree that I will comply with all techniques, rules, directives, and regulations and standard and customary terms for participation. If, however, I observe any unusual or significant hazards during my participation or if I experience any physical problems, I agree to remove myself from participation and bring such to the attention of the nearest coach or official immediately. In addition, I agree that I will inspect daily all equipment used, properly utilize all equipment worn or used, and refrain from improper uses.
I acknowledge that I have read this Release, Waiver, and Indemnification Agreement and the Program, including, without limitation, the inherent risks of the Program, and I understand the activities and risks and, with my consent, voluntarily choose to participate in the Program.
I understand that the above description of the inherent risks of the Program is not complete and that other unknown or unanticipated risks may result in my injury or death. I agree that my participation in the Program is purely voluntary. I agree that if I do not feel capable or competent, then I will refrain from the activity. I assume full, sole, and complete responsibility for ALL RISKS, inherent and otherwise, known and unknown, whether or not described in this Release, Waiver, and Indemnification Agreement, including, without limitation, risks of, slip, trip, and fall, physical or psychological injury, pain, suffering, concussion, brain injury, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, death, or property damage resulting from, in connection with, or in any way related to, my participation in the Program.
I represent and warrant that I have no medical condition (physical or mental) which would or could impact Beacon College allowing me to participate in the Program and that I am physically able to participate in the Program. I understand that no trained medical personnel will be accompanying me while participating in the Program and that if any medications need to be administered, or medical treatment provided, it may be done by Beacon College employees who do not necessarily have any specialized training and I accept any associated risks. I also understand that coaches and other Beacon College employees facilitating the Program will not be able to focus with particularity on me as they will be managing the Program and all participants, and I accept any associated risks.
It is my express intent that this Agreement bind the members of my family and spouse (if any), my estate, heirs, and assigns and that any Claims that I have released may not be brought by any other person on my behalf or for the benefit of my estate, heirs, or assigns. I agree that this Agreement shall be construed in accordance with the laws of the state of Florida.