Waiver of Liability, Release, and Hold Harmless Agreement
This participation, waiver of liability, release, and hold harmless agreement is executed by (person filling out form), a.k.a., "Participant", whose address is listed above. The term, "Undersigned," as used in this Agreement may pertain to more than one person. If Participant is of majority age, it refers only to Participant. If Participant is not of majority age, "Undersigned" refers to Participant and Participant's Parent or Guardian.1.0 Participant's Desire to Participate in the Program.1.1 Participant is traveling to San Diego, CA (trip location")for the following purpose:__Association of Fraternity and Leadership Values Institute (the “Program”). It is expressly acknowledged that Participant is not required to participate in the Program.1.2 The Participant understands that continued eligibility for participation in the Program is conditioned upon attendance of scheduled activities, and maintaining an adequate standard of work in the Program, as may be required by Colorado State University or any Program sponsor or coordinator.
2.0 Participant Responsible for Medical Needs.2.1 The Undersigned assure Colorado State University that Participant has consulted with a medical doctor regarding Participant's personal medical needs and there are no health-related issues which preclude or restrict Participant's participation in this Program.2.2 The Undersigned are aware of all applicable personal medical needs, and have arranged for adequate medical and hospitalization arrangements to meet any and all needs for payment of medical and hospitalization costs while undertaking this Program. The Undersigned agree that Colorado State University is not responsible for attending to any of Participant's medical, medication or hospitalization needs and the Undersigned assume all costs, risk and responsibility therefore. Participant is required to obtain medical/hospital and emergency medical evacuation and repatriation coverage.2.3 The Undersigned understand and agree that Colorado State University does not have medical personnel available at the location of the Program, during transportation, at any Program events or locations, or anywhere on the trip. The Undersigned hereby grant Colorado State University, its agents, employees and students acting as employees, permission to authorize emergency medical treatment, evacuation or transportation, if necessary, but Colorado State University shall have no obligation to do so and, if it does, the Undersigned agrees to be fully responsible for all costs and expenses incurred in connection therewith, unless otherwise paid or covered by insurance. Such action by said persons shall be subject to the terms of this Agreement. Colorado State University, its governing board, members thereof, officers, agents, employees and students acting as employees assume no responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment, evacuation or transportation.
3.0 No Agency Created.The Undersigned understand that Colorado State University in no way represents, or acts as agent for any Program sponsor or coordinator, the transportation carriers, hotels, and other suppliers of goods and services connected with the Program.4.0 Potential Travel, Accommodation, and Other Issues.4.1 The Undersigned acknowledge and agree to accept all responsibility for loss or additional expense due to delays, disruption or other changes in the means of transportation, travel arrangements or other services, whether because of sickness, political unrest, weather, strikes, or other unforeseen causes. Colorado State University assumes no liability for any loss, damage, destruction, theft or the like to Participant's luggage or personal belongings. Participant has retained adequate insurance, has sufficient funds to replace such belongings, or voluntarily chooses not to have insurance.4.2 If Participant becomes detached from the Program group, fails to meet a departure bus, airplane, train, or any other planned transportation, or becomes sick or injured, Participant will bear all responsibility and costs to seek out, contact, and reach the group at its next available destination, if applicable.4.3 All services and accommodations are subject to the laws of the country or state in which they are provided.4.4 Opportunities for independent travel may occur before, after or during participation in the Program. Participant agrees to inform, in writing, an official representative of Colorado State University of his/her travel plans and the Undersigned understand that Colorado State University undertakes no responsibility for the Particip-ant when s/he is traveling independently.5.0 Legal Issues.5.1 Colorado State University strongly discourages any employment by Participant during the Program. Further, Colorado State University strongly discourages Participant from owning or operating vehicles while participating in the Program. Unfamiliar surroundings and circumstances, traffic congestion, and different laws and regulations, civil and criminal, can make driving motor vehicles extremely hazardous. Insurance requirements, or other financial responsibility laws, vary from place to place. If, however, Participant is determined to engage in employment or operate a motor vehicle while participating in the Program, the Undersigned recognize that Colorado State University assumes no financial responsibility for any liability, insurance, legal aid, assistance in connection with any legal or tax difficulties, or for the care of the Participant should s/he be involved in a motor vehicle or any other accident5.2 The Undersigned recognize that each state has its own laws and standards of acceptable conduct, including dress, manners, morals, politics, drug use and behavior. In particular, political activities or use of illegal drugs may sub-ject Participant to significant civil or criminal penalties. Participant agrees to become informed of and abide by all such laws and standards for each state to or through which Participant travels during the Program.5.3 If Participant has or develops legal problems during participation in the Program, Participant will attend to the matter personally with Participant's own personal funds. Colorado State University is not responsible for providing any assistance.6.0 Acceptable Conduct by Participant.Colorado State University and the Program sponsor or coordinator has the authority at all times to establish rules of conduct necessary for the operation of the Program, including during free time. The Undersigned are aware of what behavior is expected of Participant while participating in this Program. In particular, the use of illegal drugs, whether occurring while in the company of fellow participants or when separated from other Program members, may result in immediate expulsion from the Program, forfeiture of all fees paid to the Program, and loss of all applicable credit, and, where appropriate, disciplinary action under the Student Conduct Code, which Participant agrees to be subject to. Participant shall act in an appropriate manner at all times.7.0 Governing Law; Forum.This Agreement shall be construed in accordance with the laws of the State of Colorado. Venue for any action arising under or incident to this Agreement or the Program shall lie exclusively in the Colorado District Court in and for the City and County of Denver, Colorado. The term and provisions of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal, unenforceable, or in conflict with any law governing this Agreement the validity of the remaining portions shall not be affected thereby.8.0 Assumption of the Risks Involved, Waiver and Release.8.1 The Undersigned understand that there are certain dangers, hazards, and risks inherent in international travel and the activities included in the Program, and which also could include serious or even mortal bodily injuries, mental distress, and loss or damage to personal property or personal liberties and rights. Knowing the dangers, hazards, and risks of such activities, and in consideration of being permitted to participate in the Program and all associated activities, including but not limited to those described above, the Undersigned, on behalf of Participant, Participant's legal guardian or representative (if any), family, spouse, estate, heirs, and administrators, agree to assume all the risks and responsibilities surrounding Participant's participation in the Program, the transportation, and in any independent research or activities undertaken as an adjunct thereto, and in advance release, waive, hold harmless, forever discharge, indemnify, defend and covenant not to sue The Board of Governors of the Colorado State University System and Colorado State University, members thereof, officers, agents, employees, authorized volunteers, and any students acting as employees ("Releasees"), from and against any and all liability for any harm, injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature whatsoever which Participant may have or which may hereafter accrue to the Undersigned, arising out of or related to any loss, damage, or injury, including but not limited to personal injuries, pain and suffering, disability or death, loss of or damage to personal property or personal rights, that may be sustained by Participant or by any property belonging to Participant, of whatever kind, nature or cause, while engaged in the Program or while in, on, upon, or in transit to or from the Host Country where the Program or any adjunct to the Program occurs or is being conducted.8.2 It is the Undersigned's express intent that this release and hold harmless agreement shall bind the members of the Undersigned's family and spouse, if Participant is alive, and Participant's family, estate, heirs, administrators, personal representatives, or assigns, if Participant is deceased, and shall be deemed as a "Release," Waiver, Discharge, and Covenant not to sue the above-named "Releasees."8.3 In signing this Release, the Undersigned acknowledge and represent that they have become fully informed of the content of this Waiver of Liability and Hold Harmless Agreement by reading it before signing it, that they have been afforded ample time within which to consult with an advisor of their choice, and, by signing this document as the Undersigned's own free act and deed, confirm that no oral representations, statements, or inducements, apart from the foregoing written statement, have been made.8.4 It is expressly acknowledged that this Release and Waiver agreement is an essential term of the agreements and transactions between Releasees and the Undersigned, in the absence of which the Releasees would not have agreed to permit the Undersigned to participate in the Program, and that the Undersigned execute this release for full, adequate, and complete consideration fully intending to be bound by the same,8.5 The Undersigned state that Participant is / is not at least eighteen (18) years of age and fully competent to sign this Agreement.to sign this Agreement.