Authority: I represent and acknowledge by my signature below that I am the above-named Participant and I will be utilizing the University of the Incarnate Word (UIW) Athletic Facilities and Equipment. I represent and acknowledge by my signature below that I am at least eighteen (18) years of age and am fully competent to sign this Agreement. I acknowledge that I am signing this Release, Waiver of Liability and Hold Harmless Agreement on my behalf and I agree to be bound by the terms of this Release, Waiver of Liability and Hold Harmless Agreement.
Assumption of Risk: I acknowledge that using the UIW Athletic Facilities and/or Equipment may expose me to hazards or risks that may result in my illness, personal injury or death and I understand and I accept all risk to my health, including any injury or death that may result. I acknowledge and understand that certain risks of harm, including but not limited to contracting COVID-19 or any of its mutations, are or may be inherent in the various activities contemplated and that UIW cannot control all of these risks. I acknowledge there may be physically strenuous activities and certify by my signature that I am physically fit and able to participate and I know of no medical reason why I should not participate. I agree that while making use of the UIW Facilities and/or Equipment, I will abide by the rules and guidelines set forth by UIW and to adhere to all other applicable rules, regulations, and laws. I pledge that I will not consume alcoholic beverages or illegal drugs at any time while making use of the UIW Facilities and/or Equipment and will not attempt to make use of the UIW Facilities and/or Equipment while I am under the influence of alcohol or non-prescribed drugs. I understand that UIW will not be responsible for any medical expenses associated with any property or personal injury I may sustain.
Release: In consideration of UIW permitting me to use the UIW Athletic Facilities and/or Equipment as set out above, I release UIW, its Board of Trustees, officers, employees, representatives, and agents from any and all liability to me, my personal representatives, estate, heirs, and assigns for any and all claims, demands and causes of action for any and all loss of property, illness or injury to me, including my death, arising out of, resulting from, caused by, occurring during or in any way connected with the use of the UIW Facilities and/or Equipment, including injuries caused by negligence of UIW and/or its Board of Trustees, officers, employees, representatives, and agents or any other participant that may be sustained by me while making use of the UIW Facilities and/or Equipment, or while on premises owned or leased by UIW.
Indemnity, Hold Harmless, and Waiver: I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UIW, ITS BOARD OF TRUSTEES, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM ANY AND ALL CLAIMS, LAWSUITS, LIABILITIES AND DAMAGES WHATSOEVER RELATING TO PROPERTY DAMAGE, ILLNESS, INJURY OR DEATH OF ANY PERSON(S) AND DAMAGE TO PROPERTY THAT MAY RESULT FROM MY NEGLIGENT OR INTENTIONAL ACT OR OMISSION OR THE NEGLIGENT OR INTENTIONAL ACT OR OMISSION OF A THIRD PARTY OR THE NEGLIGENT OR INTENTIONAL ACT OR OMISSION OF UIW, WHILE MAKING USE OF THE UIW FACILITIES AND/OR EQUIPMENT, AND WAIVE AND COVENANT NOT TO SUE UIW FOR SAME. IT IS MY EXPRESS INTENT THAT THIS AGREEMENT TO DEFEND, INDEMNIFY AND HOLD UIW HARMLESS, AND COVENANT NOT TO SUE UIW, SHALL BIND THE MEMBERS OF MY FAMILY AND SPOUSE (IF ANY), IF I AM ALIVE, AND MY HEIRS, ASSIGNS AND PERSONAL REPRESENTATIVES, IF I AM DECEASED, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THAT IT IS A RELEASE, WAIVER AND HOLD HARMLESS OF LIABILITY OF ALL CLAIMS AND CAUSES OF ACTION FOR ANY INJURY OR DEATH TO MYSELF OR OTHERS THAT OCCURS WHILE PARTICIPATING AND/OR USING THE UIW FACILITIES AND/OR EQUIPMENT AND IT OBLIGATES ME TO INDEMNIFY UIW AND THE PARTIES NAMED FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY.
This document will be considered effective on the date signed and shall be governed by the laws of the State of Texas.