Release and Waiver of Liability, Assumption of the Risk and Indemnity Agreement and Consent to Medical Treatment & Photo Release

I understand that the use of Mount Marty University Facilities (“MMU Facilities”) including but not limited to the Ruth Donohoe First Dakota Fieldhouse, Cimpl Arena, Bob Tereshinski Stadium, Crane Youngworth Field, Marian Auditorium and Westside Park has inherent dangers, and may cause serious injury, damage to my person and/or property, and/or possible death. I fully assume all of the risks associated with the use of the MMU Facilities, including, but not limited to: negligence in design, maintenance, supervision, instruction or warning; inadequate safety equipment; the negligence of other users of the facility; misuse of the facility or its equipment by myself or others; surface hazards (slips, trips, and falls); collision with fixed or moving objects; and known and unknown physical weaknesses, frailties, diseases, and/or conditions which may cause or contribute to injuries, damages to my person or property, and possible death.

Types of injuries associated with physical activity include, but are not limited to: sprains, strains, contusions, fractures, joint dislocations, concussions, other types of musculoskeletal injuries, heart attacks, strokes, other types of ailments, and in rare cases, death. Furthermore, certain factors may increase the risk of injury. These risk factors include any form of tobacco, alcohol, or drug lifestyle, along with having a family history of any cardiovascular disease. Mount Marty University strongly recommends that if any individual has more than one of these risk factors that they seek the advice of a physician before participating in any physical activity.

I understand that certain factors may increase the risk of suffering some type of injury. I further understand that I should cease exercising and/or activity and contact my physician if I experience any problems before, during, or after exercise sessions, including, but not limited to: dizziness, fainting or feelings of fainting; impaired vision; pain in the chest, neck, jaw area, or in the arms; shortness of breath; swelling in any of the joints; or unusual fatigue.
By my signature below, on behalf of myself, my heirs, next of kin, successors in interest, assigns, personal representatives, and agents, I hereby: 1. Waive any and all claims or causes of action against and release from liability Mount Marty University, its officers, employees, and agents for any liability for injury, property damage, property loss, property theft, or death due to my use of the MMU Facilities, their equipment, and services. 2. Agree to indemnify and hold harmless Mount Marty University, its officers, employees, and agents for any claims, causes of action, or liability to any other person arising from my voluntary participation in Mount Marty University activities. 3. Consent to receive any medical treatment deemed advisable during my participation in the activity listed above. *
I have read this release and waiver of liability, assumption of the risk and indemnity agreement and consent to medical treatment, fully understand and appreciate its terms, understand and appreciate that I have given up substantial rights by signing it, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Photo Release - I hereby grant Mount Marty University the non-exclusive rights and license to make, edit and use images and/or audio for publicity, news, or advertising–to include print, video, broadcast media and the World Wide Web. I release Mount Marty University from any and all claims of payment for performance rights, residuals or damages for libel, slander, invasion of privacy, or any claim based on the use of said material.
Participant Signature *
Parent/Guardian Signature (If under 18)
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