University of San Diego Outdoor Adventures
Acknowledgment & Assumption of Risks
Release & Indemnity Agreement

In consideration of my participation in the Outing/Event described above, I agree as follows:

Assumption of Risk. I understand and acknowledge that my participation in the Outing/Event is entirely voluntary, is not required by the University, and may involve serious risk, including but not limited to risk of property damage, bodily injury, permanent disability, paralysis and death.  Attachment A, which is fully incorporated herein, identifies examples of risks and possible injuries associated with my participation in the Outing/Event. These risks may result from my participation in the Outing/Event, the acts of others, or the unavailability of emergency medical care or immediate staff response. I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for my participation in the Outing/Event.

2. Certification. I am in good physical and mental health and do not have any physical or mental
conditions that could affect my ability to participate in the Outing/Event. I am aware that the University does not provide on call medical personnel, and that other entities involved in offering or planning the Outing/Event may not provide on call medical personnel either. I have had the opportunity to inspect any University facilities or equipment that will be used and accept them as being safe and suited for the purpose intended.

3. Compliance with Policies. I have read and agree to comply with all applicable University policies and procedures, including but not limited to those that apply to my participation in the Outing/Event. I understand that permission to participate in the Outing/Event may be suspended, revoked or denied by the University in its sole and complete discretion. If I observe a hazard during my participation in the Outing/Event, I will immediately remove myself from participation and bring the hazard to the attention of appropriate personnel. I agree that I will not leave the Outing/Event once it begins without prior approval of an authorized University staff member. If I am removed from the Outing/Event or otherwise leave the Outing/Event for any reason prior to its conclusion, I will be solely responsible for all costs incurred as a result, including but not limited to the cost of transportation back to the University.

4. Release. I (for myself, my parents, legal guardians, heirs, executors, administrators and assigns) hereby release, indemnify and hold harmless the University, its trustees, employees, agents, volunteers, other Outing/Event participants, and any entities contracted by the University to provide services in connection with the Outing/Event (collectively “Releasees”) from and against any blame and liability whatsoever for any property damage, property loss, property theft, personal injury, death, claim, or any damage of any kind whatsoever (including without limitation all costs and attorneys’ fees), whether arising from the alleged negligence of the Releasees or otherwise, which may arise out of or relate in any way to my participation in the Outing/Event or the use of University equipment or facilities, to the maximum extent permitted by applicable law. I agree to be solely responsible for any medical, health or personal injury costs relating to my participation in the Outing/Event.

5. Prerequisite Skills and Training. I have the requisite skills, qualifications, physical ability and training necessary to properly and safely participate in the Outing/Event. If I have any questions as to what skills, qualifications, physical ability or training are necessary, I will direct such questions to the appropriate University staff member.

6. No Assumption of Responsibility by University. I understand that the University does not assume responsibility for any loss, injury or damage to person or property in connection with my participation in the Outing/Event which results from causes beyond the control of and without fault of the University.

7. Consent to Emergency Treatment. I hereby consent to medical treatment in a medical emergency where I am unable at the time to consent to such treatment.

8. Insurance. I have adequate health insurance necessary to provide and pay for any medical costs that may be incurred as a result of any injury arising out of or related to my participation in the Outing/Event. To the extent such expenses are not covered by insurance, I agree to be solely responsible for any medical expenses or medical transport expense incurred in connection with my participation in the Outing/Event.

9. Photo Release. I consent to the use by the University of any photographs or video footage of me for publicity, promotion, advertising or other University-related purposes.

10. Miscellaneous. The law of the state of California shall govern the validity, construction and
enforceability of this Assumption of Risk and Release of Liability (“Release”), without giving effect to its conflict of law principles. The venue for any dispute relating in any way to this Release shall be in San Diego, California. If any clause or provision of this Release is held to be illegal, void or voidable as against public policy or otherwise, the invalidity shall not affect other provisions or parts thereof which may be given effect without the invalid provision or part. To this extent, the provisions, and parts thereof, of this Release are severable.

I HAVE CAREFULLY READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND
SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. NO ORAL
REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THIS RELEASE
HAVE BEEN MADE.

HEALTH STATEMENT:

By signing below, I represent that I understand the physical demands of Outdoor Adventures (OA) activities, that I may be exposed to a variety of extreme environmental conditions, and that I am in good physical health and condition, and am able to participate in OA activities and in all aspects of the outing/activity for which I am signing up. I certify that I am in good physical and mental health and do not have any physical or mental conditions that could affect my ability to participate in the activity.

HEALTH INSURANCE AND PERMISSION TO TREAT:

I have adequate insurance to cover any injury or illness I or my child may suffer while participating in OA activities. I am aware that the university is not required to provide or call medical personnel. I authorize OA personnel to obtain or provide medical care for me or for my child, or to transport me or my child to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I further authorize medical personnel, including OA staff, to render such treatment as is necessary, in their opinion, for my health or that of my child. I agree that OA has no responsibility for medical care provided to me or my child once someone with a higher degree of medical training has assumed care, or following delivery to a medical facility or hospital, and I agree to pay all costs associated with such medical care and transportation/evacuation.