Lerner Wellness Center Annual Participation Agreement

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The individual named below (referred to as "I" or "me") desires to participate in various Activities, including participation in any weightlifting and/or athletic training and/or club (the "Activities") made available at or through the Lerner Wellness Center ("Wellness Center"), which is located on the campus of Catawba College (the "College"), during the current academic year. As lawful consideration for being permitted by the College to participate in the Activities and use the Wellness Center and the intangible value that I will gain by participating in the Activity and using the Wellness Center, I agree to all the terms and conditions set forth in this agreement ("Agreement")

1. I fully recognize there are dangers and risks to which I may be exposed by participating in the Activities, including traveling to and from the Activities, which dangers and risks could result in personal injury, property damage and even death. I understand that I may engage in the Activities without individual supervision or instruction, and that, in those circumstances where certain areas or Activities may be monitored by Wellness Center staff employed by Catawba College, such personnel are not necessarily fitness professionals and are not responsible for ensuring that I am performing the Activities safely.
2. I understand that the risks to which I may be exposed include, but are not limited to, such things as sickness, broken bones, sprains, concussions, injury from athletic equipment, heart attack and inclement weather. I further understand that I may be exposed to other risks that may not be foreseeable. I understand that the Activities may involve coaches, officials, or instructors who are not employees or agents of the College.
3. I acknowledge and understand that I am voluntarily participating in the Activities and utilizing the Wellness Center and agree that the College does not require me to make use of the Wellness Center, but I want to do so, despite the possible dangers and risks and despite this Assumption of Risk and Release Form.
4. I acknowledge that I have attended an orientation and training session regarding the Activities made available through the Wellness Center (and the equipment and facilities used in or related to such Activities). I further acknowledge that I have read a written statement of the Wellness Center Rules and Regulations, including a disclosure of risks related to use of the Wellness Center.
5. In consideration of and in return for the services, facilities and other assistance provided to me by College in Lerner Wellness Center Activities, and in consideration of being permitted to participate in the Activities. I therefore agree, on behalf of my family, heirs and personal representative(s) to, to assume and take on all of risks and responsibilities in any way associated with the Activities and expressly waive and release any and all claims, now known or hereafter known in any jurisdiction against the College, its officers, directors, employees, agents, affiliates, successors, and assigns (collectively "Releasees"), on account injury, death, or property damage, arising out of or attributable to my participation in the Activities or use of the Wellness Center, whether arising out of the negligence of the College or any Releasees or otherwise,
6. I agree to indemnify and hold harmless, to the maximum extent permitted by law, the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the Activities. I understand that this Assumption of Risk and Release Form covers liabilities, claims and actions caused entirely or in part by any acts or failures to act of the College (or its governing board, officers, employees or agents), including but not limited to negligence, mistake or failure to supervise by the College.
7. I have consulted with a medical doctor with regard to my personal medical needs, and am aware of all applicable personal medical needs that may preclude or restrict my participation in the Activities and I choose to participated
8. I further authorize the College further authorize the College to seek emergency medical treatment in connection with my participation in the Activities and I acknowledge and agree that the College will assume no responsibility for, and shall be released from any claim or liability relating to any injury or damage which might arise out of or in connection with such authorized emergency medical treatment.
9. I recognize that this Assumption of Risk and Release means I am giving up, among other things, rights to sue the College, its governing board, officers, employees and agents for injuries, damages or losses I may incur, including but not limited to costs, attorney's fees and expenses, resulting from or in any way connected with my participation in the Activities. I also understand that this Assumption of Risk and Release binds my heirs, executors, administrators and assigns, as well as myself.

This Agreement constitutes the sole and entire agreement of the College and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the College and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule or any other jurisdiction. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Rowan County, Salisbury, North Carolina and I hereby consent to the exclusive jurisdiction of such courts.