WESTMONT COLLEGE
Activity
Participant's Release, Waiver of Liability, Assumption of Risk,
and Indemnity Agreement
In consideration of being
permitted to participate in the New Student Adventure Day (hereinafter
“ACTIVITY”) being held on August 31, 2024 by Westmont College, I, on behalf of
myself, my executors, heirs, administrators and assigns, hereby voluntarily
agree to release, waive, discharge, hold harmless, and agree not to sue Westmont
College, its trustees, officers, employees, agents, and volunteers, for any and
all claims, damages, costs, attorney's fees, or causes of action which I have
or may have in the future that arise as a result of damages, injuries,
including death, relating or arising out of or incident to any negligent act or
omission by Westmont College, its trustees, officers, employees, agents, and
volunteers, or by other participants in the Adventure Day. I knowingly and
voluntarily give up valuable legal rights, including the right to sue.
Additionally, I agree to indemnify
and defend Westmont College, its trustees, officers, employees, agents, and
volunteers for any and all claims, damages, costs, attorney's fees, or causes
of action that arise as a result of damages, injuries, including death,
relating or arising out of or incident to any act or omission by me. I
understand and agree that there are risks of harm associated with participating
in ACTIVITY, which may give rise to death or bodily injury, and/or property
damage. These risks include, but are not limited to,
1) Activities:
Travel, sports, recreational activities, or “hazardous activities” (including
kayaking, stand up paddle boarding and swimming in the ocean). Natural
conditions can include choppy water, rocks, severe or varied wind, temperature
and other weather conditions. Encounters with animals or insects is possible.
2) Equipment: Possible equipment
failure and/or malfunction of my own or others' equipment, which may have been
rented, borrowed, or personally owned.
3) Negligence: My own negligence
and/or the negligence of others, including employees, agents, independent
contractors or representatives of including but not limited to operator.
I further
understand and agree that there may be risks and dangers not known or
reasonably foreseeable at this time. I understand and agree that included
within the scope of this waiver and release is any cause of action, arising
from the performance of or the failure to perform maintenance, inspection,
supervision or control of ACTIVITY
or the failure to warn of existing dangerous conditions not known to or
reasonably discovered by Westmont College, including all acts of negligence of Westmont
College. I, the negligence of others, or by the negligence of Westmont College,
its trustees, officers, employees, agents, and volunteers, may cause these
risks and dangers. I knowingly and voluntarily assume full responsibility for
these risks arising out of or related to my participation in ACTIVITY.
I HAVE CAREFULLY READ, AND I UNDERSTAND, ACKNOWLEDGE AND AGREE TO
THIS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT.
I UNDERSTAND THAT I AM GIVING UP VALUABLE LEGAL RIGHTS BY SIGNING THIS
AGREEMENT, AND THAT THIS AGREEMENT REPRESENTS A CONTRACT BETWEEN WESTMONT
COLLEGE AND MYSELF. I HAVE AGREED TO SIGN THIS AGREEMENT OF MY OWN FREE WILL.