United Way of Cattaraugus & Allegany Counties, Inc.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY, AND PARENTAL CONSENT AGREEMENT ("AGREEMENT")
In consideration of participating in the 2026 Kids in Sports at St. Bonaventure University, I represent that I understand the nature of the Kids in Sports events and that my minor child is in good health, and in proper physical condition and thus qualified to participate in such events. I further acknowledge that the event will be conducted over public roads and facilities open to the public during the event and upon which traffic hazards are to be expected. I acknowledge that if I, or my minor child, believes event conditions are unsafe, my minor child will immediately discontinue participation in the event.
I fully understand that Kids in Sports events involve risks of serious bodily injury, including permanent disability, paralysis and death, which may be caused by my own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the "releasees" named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I and/or my minor child incur as a result of my and/or my minor child’s participation in the event.
I hereby release, discharge, and covenant not to sue United Way of Cattaraugus & Allegany Counties, Inc., its respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, Local Law Enforcement Agencies, law enforcement personnel and officers, volunteers who are hosting the run, respective cities, owners and lessors of premises on which the event takes place, (each considered one of the "RELEASEES" herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the "releasees" or otherwise, including negligent rescue operations; and I further agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my and/or my minor child's behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the releasees from any loss, liability, damage, or cost which any may incur as the result of such claim.
I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, AND PARENTAL CONSENT AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.
I hereby grant permission to United Way of Cattaraugus & Allegany Counties, Inc., to use photographs and/or video of me taken at Kids in Sports in publications, news releases, online, and in other communications related to the mission of United Way of Cattaraugus & Allegany Counties, Inc.
ST. BONAVENTURE UNIVERSITY WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT FOR MINORS
1. In consideration for the opportunity for my child to participate in Kids in Sports and other valuable consideration, by and through my execution of this document (hereinafter "WAIVER") I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE St. Bonaventure University, its officers, servants, agents, and/or employees (hereinafter "RELEASEES"). This WAIVER shall be construed as broadly as permissible under the laws of the State of New York, and is explicitly intended to preclude me from maintaining a civil action against RELEASEES in connection with any claims, demands, actions and causes of action whatsoever arising out of, or related to, any loss, damage, or injury, including death, that may be sustained by my child, or to any property belonging to my child and/or me, whether caused by the negligence of the RELEASEES or otherwise while participating in such activity, or while in, on, or upon any premises where any portion of said activity is being conducted, as well as while in transit to and from said premises, or at any time at any location between my departure in connection with the above referenced activity and the time my child completes their return from the activity.
2. I am aware of no physical or mental infirmity of my child that could reasonably be construed to effect my child’s ability to safely and fully participate in this activity, and I have not taken any action on behalf of my child or made any representation to the RELEASEES regarding said ability which is untrue or upon which RELEASEES would be unjustified in relying with regard to my child’s health, wellness and general ability to participate.
3. On behalf of my child, I am fully aware of risks and hazards connected with the activity, including but not limited to, the risks as noted herein involving travel, and I hereby elect to voluntarily allow my child to participate in said activity, and to enter any involved travel arrangements and premises, and engage in the aforementioned activity knowing that the activity or necessary components thereto may be hazardous to my child and my/their property. On behalf of my child, I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by my child, or any loss or damage to property owned by my child and/or me, as a result of being engaged in such an activity, whether caused by the negligence of RELEASEES or otherwise.
4. On behalf of my child, I further hereby agree to indemnify and hold harmless the RELEASEES from any loss, liability, damage or costs, including court costs and attorney’s fees, that may accrue due to my child’s participation in said activity, whether caused by negligence of RELEASEES or otherwise.
5. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family, spouse, or power of attorney if I am alive, and my heirs, assigns and personal representative if I am not alive. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of New York.
6. I understand and agree that the University shall not be responsible for any medical costs associated with any injury my child may sustain.
7. On behalf of my child, I further agree to become familiar and relay the rules and regulations of the University concerning student conduct and to assure my child does not violate said rules of any directive or instruction made by the person or persons in charge of said activity and that on behalf of my child, I will further assume the complete risk of any activity done in violation of any rule or directive or instruction.
8. Further, on behalf of my child, I acknowledge that reasonable and routine cleaning and sanitization procedures on and within the areas of the premises my child will be occupying in connection with this WAIVER may not eliminate the spread of communicable diseases, including but not limited to viruses and bacterial infections spread by and between human beings through airborne, droplet or bodily fluids, or surface contamination. Therefore, I acknowledge that my child is exposing themselves to the risk of contracting a communicable or infectious disease while engaged in the activities and using the facilities, residence halls, and premises (the “Premises”) that will be involved in such activities, I also acknowledge that my child may contract such communicable diseases from other residents at the Premises, other users of the Premises, or other sources.
By choosing to engage in the activities covered hereby and enter, remain in, or reside in the Premises for the period designated herein, on behalf of my child, I fully, knowingly, and voluntarily assume the risk of them contracting a communicable or infections disease from said Premises, other residents at the Premises, other users of the Premises, or other sources. I agree to waive any claims or demands I may now have or may in the future come to have against St. Bonaventure University its agents, officers, directors, faculty members, employees, or servants, for damages, arising from or relating to my contraction of a communicable or infections disease while my child is engaged in the activities, including but not limited to: entering, using, remaining within or residing at the Premises, or arising from the spread of a communicable or infections disease between persons during the activities or within the Premises. To the extent that any provision of this acknowledgment and WAIVER is deemed violative of any statue, rule, regulation, common law or other authority, I agree that this clause shall be reformed to the maximum extent possible so as to give reasonable force and effect to its terms to the greatest extent permissible under such law or controlling authority.
9. I also understand that I should, and am urged by the University to, obtain adequate health and accident insurance to cover any personal injury to my child which may be sustained during the activity or the travel/transportation to, from and during said activity.
10. If any portion of this document is held to be void or unenforceable, then the minimum amount of the clause that must necessarily be severed from the remainder of the document to enable the clause, or the document as a whole, to become or remain valid and enforceable shall be severed. Upon the completion of said minimum severance, if at all possible, the remainder of the clause and document, shall be and remain in full force and effect to the greatest extent permissible under the laws of the State of New York.
11. This Agreement shall be governed by the laws of the State of New York and any legal action relating to or arising out of this Waiver of Liability and Hold Harmless Agreement shall be commenced exclusively in the Supreme Court of the State of New York in and for the County of Cattaraugus.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed on behalf of my child; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent and the legal guardian of my child; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.