Waiver - ELW Waiver
University of Nevada Reno
WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT
I, , hereby acknowledge that I have voluntarily elected to use the facilities, equipment, services and/or programs (“FRS Activities”) at the Fitness and Recreational Sports Facilities at the University of Nevada, Reno, a member institution of the Nevada System of Higher Education (referred to as “University”). I understand and agree that the FRS Activities involve certain risks which include, but are not limited to, the following:
- Physical activity, including but not limited to, weightlifting, running, swimming/diving, aerobic activities, exercise classes, and other physical or sporting activities.
- Injuries due to the use of free weights, weight machines, cardiovascular equipment and other exercise
- Sustained physical activities that place stress on the cardiovascular system or cause exertions of strength using various muscle
- Potential health risks such as transient light-headedness, fainting, abnormal blood pressure, chest discomfort, leg cramps and/or
- Minor injuries such as scratches, bruises and
- Major injuries such as broken/fractured bones, concussions, joint or back injuries, torn tendons, ligaments and other muscles, eye injury, heart attack, paralysis and/or
- Potential exposure to communicable diseases and infections, including without limitation COVID-19.
Knowing this information and the risks related to the FRS Activities, in consideration of my participation in the FRS Activities, I expressly and knowingly agree as follows:
RULES AND REQUIREMENTS: I agree to conduct myself in accordance with University policies and procedures, including those listed in the Fitness and Recreational Sports General Facility Rules. I further agree to abide by all the rules and requirements of the FRS Activities. I acknowledge that the University has the right to terminate my participation in the FRS Activities if it is determined that my conduct is detrimental to the best interests of other participants, my conduct violates any rule of the FRS Activities, or for any other reason in the University’s discretion.
INFORMED CONSENT: I have been informed of and I understand the various aspects of the FRS Activities, including the dangers, hazards, and risks listed above, inherent to the FRS Activities. In addition, I understand that part of the risk involved in undertaking a FRS Activities is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill with which I conduct myself in the FRS Activities. I acknowledge that my choice to participate in FRS Activities brings with it my assumption of those risks or results stemming from this choice and the fitness, health, awareness, care and skill that I possess and use. I understand that mild, moderate or vigorous physical activity or strenuous exertion may exacerbate acute and chronic health conditions including congenital defects, which I may, or may not be aware I have. Exercising with such conditions may result in permanent injury or loss of life.
I further understand that FRS Activities are sometimes conducted by personnel who may not be licensed, certified or registered instructors or professionals. I accept the fact that the skills and competencies of some employees and/or volunteers will vary according to their training and experience and that no claim is made by the University to offer assessment or treatment of any mental or physical disease or condition by those who are not duly licensed, certified or registered and herein employed to provide such professional services. I acknowledge my obligation to immediately inform the nearest employee of any pain, discomfort, fatigue and/or any other symptoms that I may suffer during and immediately after my participation. I understand that I may stop or delay my participation in any activity or procedure if I so desire and that I may also be requested to stop and rest by an employee who observes any symptoms of distress or abnormal response.
I understand that as a participant in the FRS Activities I could sustain property damage, serious personal injuries, illness, temporary or permanent disability or death as a consequence of not only the University’s actions, inactions, negligence or fault, but also the actions, inactions, negligence or fault of others or myself, and that there may be other risks not known to me or not reasonably foreseeable at this time. I further understand and agree that any
property damage, any injury, illness, temporary or permanent disability or death that I may sustain by any means is
my responsibility except for those occurrences due to the University’s gross negligence or intentional misconduct.
I understand the University has put in place preventative measures to reduce the spread of infectious diseases, including without limitation COVID-19. I understand and acknowledge that infectious diseases like COVID-19 are a public health risk, and the University cannot guarantee my safety or immunity from infection. I understand that persons who are 65 years or older or who have underlying medical conditions are at high-risk for severe illness from COVID-19 and I acknowledge that my choice to participate in FRS Activities brings with it my assumption of those risks or results stemming from this choice. I agree I am responsible for providing my own personal protective equipment. I agree I am responsible for maintaining my personal health, and acknowledge working out or participating in FRS Activities in close proximity to others may increase the likelihood of becoming sick. I have been informed that infectious diseases, including without limitation COVID-19, are highly contagious, can be spread from person to person by direct or indirect contact, and that participating in FRS Activities may increase the potential for me to be exposed to or infected by such diseases, including through interaction with other students, faculty, staff, volunteers, guests and vendors and through coming into contact with surfaces and equipment in the FRS facilities. In addition, I understand that by exposure to or infection by an infectious disease, including without limitation COVID-19, I could sustain serious personal injuries, illness, temporary or permanent disability or death as a consequence of not only the University’s actions, inactions, negligence or fault, but also the actions, inactions, negligence or fault of others or myself, and that there may be other risks not known to me or not reasonably foreseeable at this time. I further understand and agree that any injury, illness, temporary or permanent disability or death that I may sustain by any means is my responsibility except for those occurrences due to the University’s gross negligence or intentional misconduct.
ASSUMPTION OF RISK: I understand that there are potential dangers incidental to my participation in FRS Activities, some of which may be dangerous and which may expose me to the risk of personal injuries, property damage, or even death. I understand that there are potential risks as a consequence of my participation in the FRS Activities which may cause death, illness, temporary or permanent disability or injury and other risks that are unknown at this time. I further understand that there are potential risks of being exposed to or infected by an infectious disease, including without limitation COVID-19, incidental to my participation in FRS Activities, which may cause death, illness, temporary or permanent disability or injury and other risks that are unknown at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ACTS OF THE UNIVERSITY, UNLESS AND ONLY TO THE EXTENT THEY ARISE FROM GROSS NEGLIGENCE OR INTETIONAL MISCONDUCT BY THE UNIVERSITY. I assume full responsibility for all related consequences of my decision to PARTICPATE IN FRS ACTIVITIES.
RELEASE AND WAIVER OF LIABILITY: With full awareness and appreciation of the risks involved and to the extent permitted by law, I, individually, and on behalf of my heirs, executors, administrators, personal representatives, successors and assigns, hereby forever release, waive, discharge and agree not to sue the University and their regents, officers, employees, agents, volunteers and representatives, from any and all liability, loss, claims, demands, causes of actions (known or unknown), suits, judgments, cost, expense or attorneys’ fees, including, but not limited to, those arising from death, illness, disability or injury, loss or damage to my person or property, which directly or indirectly, arise out of, occur during, or are in any way the result of or connected with my participation in the FRS Activities or the result of exposure to or infection by an infectious disease (including without limitation COVID-19) in connection with my participation in the FRS Activities, REGARDLESS OF WHETHER THE DEATH, ILLNESS, DISABILITY, INJURY, LOSS OR DAMAGE IS CAUSED BY THE NEGLIGENCE OF NSHE OR UNR, UNLESS CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE UNIVERSITY, AND REGARDLESS OF WHETHER THE DEATH, ILLNESS, DISABILITY, INJURY, LOSS OR DAMAGE OCCURS BEFORE, DURING OR AFTER MY PARTICIPATION IN THE FRS ACTIVITIES. I further agree that the University is not in any way responsible for any death, illness, disability, injury or damage that I sustain as a result of my own acts.
INDEMNITY: I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend, and hold harmless the University and its regents, officers, employees, agents, and representatives from any and all claims, damages, losses, liabilities, liens, costs and/or expenses, controversies, causes of action, lawsuits, proceedings, injuries (including death), and judgments (each, a “Claim”) if the Claim is caused in whole or in part by any of the following: (a) any infectious disease I contract or am otherwise exposed to as a result of visiting, or otherwise being in the and Fitness Recreational Sports Facilities or participating in the FRS Activities; (b) an act or omission by myself; (c) the refusal or failure to comply with any rule, policy or obligation I agree to follow to participate in the FRS Activities; or (d) violation of applicable law(s) by myself.
PERSONAL MEDICAL INSURANCE: I understand that the University will not provide health insurance coverage to me during any aspect of my participation in the FRS Activities. I further acknowledge that I am responsible for the cost of any and all medical and health services I may require as a result of participating in the FRS Activities.
I hereby acknowledge that I have read this entire document, that I understand its terms, that by signing it I am giving up substantial legal rights I might otherwise have, and that I have signed it knowingly and voluntarily.
Participant’s Name: _ Participant’s Signature: Dated: If participant is a minor:
I am the parent or legal guardian of the Participant. I hereby acknowledge that I have read this entire document, that I understand its terms, that by signing it I am giving up substantial legal rights that I or the Participant might otherwise have, and that I have signed it knowingly and voluntarily. I allow Participant to participate in the FRS Activities. I understand that I am responsible for the obligations and acts of Participant as described in this document. I agree to be bound by the terms of this document.
Guardian’s Name: Guardian’s Signature: __ Dated: _