Informed Consent - Waiver & Release:
By its very nature, athletics can put student-athletes in situations in which serious, catastrophic, and perhaps fatal accidents could occur. The risk of injury from athletic activities (including, without limitation, events/games, conditioning, and weight training) is significant, including for permanent paralysis and death. Students and parents/guardians must assess the risks involved in such participation and make their choice whether to participate in spite of those risks. No amount of instruction, precaution, equipment, personal discipline, or supervision will eliminate all risk of injury or death. Just as driving an automobile involves choice of risk; participation in athletics is inherently dangerous. The obligation of parents and students in assessing the risks and in making the choice whether to participate cannot be overstated.
You and your son/daughter agree that the student-athlete will comply with all rules and regulations and standard/customary terms for participation. If, however, the student observes any unusual or significant hazards during participation, the student will remove himself/herself from participation and bring such to the attention of the nearest official immediately.
By granting permission to your son/daughter to participate in the School’s athletic program and activities, you realize these potential dangers and freely assume all such risk, both known and unknown, even if the risk arises from, without limitation, the negligence, gross negligence, joint or sole negligence, or tortious act or omission of the School, its officers, trustees, officials, agents, employees, and/or volunteers, other participants, sponsoring agencies, advertisers, and if applicable, owners and lessors of premises used to conduct the event(s) (collectively “Released Parties”).
In consideration of your son/daughter being allowed to participate in any way, compete in, and/or observe any sports or athletic-related activities (including events/games, conditioning, or weight training) on and off the School’s property or in connection with School events or to use any athletic equipment in any way, including but not limited to the weight room, fields, locker rooms, etc. (collectively called “The Program''), and understanding and acknowledging that the School is a non-profit, educational corporation, we, the student-athlete and the parent(s) and/or legal guardian(s) of the student, jointly and severally, and intending to legally bind ourselves, our child, and all of our respective guardians, heirs, executors, personal and legal representatives, estates, beneficiaries, administrators, successors and assigns (all of the forgoing, collectively the “Releasors”), do hereby release and discharge, waive, promise not to sue, and hold the Released Parties harmless with respect to any and all injury, disability, death, or loss or damage to person or property arising out of or connected with, directly or indirectly, the Program, whether arising from the negligence, gross negligence, joint or sole negligence, or tortious act or omission of the Released Parties, or any of them, or otherwise. This Waiver and Release does not apply to the willful misconduct of the Released Parties. The Releasors intend to hold the Released Parties harmless from all liability to the fullest extent permitted by law 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 Waiver and Release.
The Releasors represent and warrant to the Released Parties, that (i) all of the student-athletes living parents and/or legal guardian(s), as applicable, have duly signed this Policy Manual; (ii) the student-athlete has no medical condition (physical or mental) which would or could impact on the Released Parties allowing the student-athlete to participate in The Program and that the student-athlete is physically able to participate in The Program; and (iii) the student-athlete is not taking any herbal or medicinal supplement or prescription that could impact on his or her participation in The Program.