Continuing the Heritage Day of Service Release and Indemnification Form
I, the above named volunteer, am eighteen years or older and have voluntarily applied to participate in the above Activity or Trip. I acknowledge that the nature of the Activity or Trip may expose me to hazards or risks that may result in my illness, personal injury or death and I understand and appreciate the nature of such hazards and risks.
PLEASE READ CAREFULLY BEFORE SIGNING THIS ACKNOWLEDGMENT, WAIVER, AND RELEASE FROM LIABILITY:
- ASSUMPTION OF THE RISK. The undersigned assumes all risks which are foreseeable and involved with or may arise out of his or her participation in volunteer work at St. Mary's University, including, but not limited to, the negligent and or willful and wanton acts of others, the criminal and or intentional acts of others, the omission of an act of another, a defect or condition of the premises, a defect or condition of the concessions provided, or the unavailability of emergency care. Exception being any injuries caused by the sole or gross negligence, or willful, or wanton misconduct on behalf of any officials, officers, employees, or agents School.
- RELEASE. The undersigned releases St. Mary's University and all of its officers, trustees, employees and agents not to initiate litigation on account of or in connection with any claims, causes of action, injuries, illness, damage, cost of expenses arising out of voluntary actions, including those based on death, bodily injury, or property damage whether or not caused by the negligence or other fault of the parties being released.
- WAIVER. The undersigned waives the protection afforded by any statute or law in any jurisdiction whose purpose, substance, cause and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing this release. This means, in part, that the undersigned is releasing unknown future claims.
- INDEMNITY AND DEFEND. The undersigned agrees to indemnify and defend St. Mary's University, and all of its officers, trustees, employees and agents (hereinafter jointly referred to as "indemnity") against, and hold them harmless from, any and all claims, causes of action, damages to or destruction of any property of the indemnity or any others, injury or death that may result to the undersigned or anyone else.
- REPRESENTATIVES. The undersigned enters into this agreement for him/herself, his/her heirs, assigns and legal representatives.
- INSURANCE. The undersigned understands that St. Mary's University does not carry insurance to cover any possible losses the undersigned may incur as a result of his or her participation in this volunteer activity. The undersigned is encouraged to have a medical physical exam and purchase health insurance prior to any and all participation.
I agree that any controversy arising out of or in any way related to the Activity or Trip or this agreement shall be settled by arbitration conducted in San Antonio, Bexar County, Texas in accordance with the rules of the American Arbitration Association, and judgment on any award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The expenses of the arbitrators shall be borne (or reimbursed, as applicable) by the non-prevailing party. I agree to consider myself bound and to be bound by any award made by the arbitrators pursuant to this endorsement.
I have carefully read this agreement and understand it to be a release of all claims and causes of action for my injury or death or damage to my property that occurs while participating in the described Activity or Trip, and it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent and/or intentional act or omission.
NOTE: If you are under the age of 18, a Civic Engagement and Career Development Center staff member will contact your parent or legal guardian as listed in your Emergency Contact information above to obtain Continuing the Heritage Day of Service Release Agreements.