- Participation Agreement
Northern Illinois University RecWell Program
Personal Assumption of Risk and Liability Release Agreement
The Board of Trustees of Northern Illinois University (“Northern Illinois University” or the “University”) in support of the educational, recreational, and wellness activities offered within the University Recreation and Wellness department (the “Department”) is offering a recreation and wellness program, “broadly referred herein as “RecWell”).
The undersigned RecWell Program applicant (hereby “Participant”) hereby acknowledges, accepts and affirmatively agrees to the following conditions of participation in any aspect or offering of the RecWell programs and services:
- In consideration of being granted the opportunity to participate in the RecWell program, I acknowledge my acceptance of the terms and conditions of this Personal Assumption of Risks and Liability Release Agreement (“Agreement”) is required as a condition of participation in this RecWell activity.
- I realize it is foreseeable and possible that personal injury or stress may occur through RecWell participation including, but limited to, testing/assessment, exercise, and/or participation in any of the activities.
- It is understood and agreed that all Participants are expected to take personal responsibility for their actions while taking part in RecWell. Any activities that Participant takes part in, whether as part of RecWell or separate from RecWell, will be considered to have been done upon their personal adequate research about material facts and with their informed approval and understanding of any and all reasonably foreseeable risks that may be involved in the Program.
- Any Participants actually under 18 and/or considered dependents of their parents or guardians are responsible for giving all background or other relevant information about the RecWell to their parents or guardians to assure their being informed of relevant facts.
Personal Assumption of Risk
All physical activities including RecWell carry risk for injury or other physical harm. Participant assumes sole responsibility and liability for any and all such risk or injury or other physical harm that may result due to his/her participation in RecWell. It is Participant’s responsibility to be knowledgeable about his/her own physical condition and to obtain any necessary medical clearances, prior to participating in RecWell. I acknowledge the University undertakes no direct legal or financial responsibility for my personal safety or wellbeing when I am participating in this elective University program. In the absence of gross negligence by University, I hereby agree to assume those risks in RecWell that may cause me personal property damage or loss, personal medical or hospital costs, personal illness or bodily injury, including pain and suffering, emotional distress, or death, future economic impairment or any indirect consequential or punitive damages or losses that may arise during and/or as a result of my participation in RecWell.
Release of Liability and Indemnification
In the absence of gross negligence, in consideration of University accepting Participant into RecWell, Participant, his/her heirs, executors, administrators, employers, agents, representatives, insurers, and attorneys, hereby release and discharge Northern Illinois University, its Board of Trustees, any University department, administrative unit, and their respective members, officers, employees and agents (“Released Parties”) who arrange, provide, advise, or supervise RecWell, and/or educational, exercise, testing/assessment, recreational, and wellness activities thereunder or any function associated with participation in this RecWell, from any and all claims and causes of action for my personal property damage or loss, personal medical or hospital costs, personal illness or bodily injury, including pain and suffering, emotional distress, or death, personal economic impairment, and other consequential losses that may arise during and/or as a result of my participation in RecWell conducted by or under the control of a units of Northern Illinois University in which I may participate under this Personal Assumption of Risks and Liability Release Agreement.
Participant agrees to indemnify, defend and hold University harmless for all claims, demands, losses, costs, expenses, judgments, obligations, liabilities, damages, recoveries and deficiencies, including interest, penalties, attorneys’ fees and costs, however caused, resulting from, arising out of or in any way connected with his/her participation in RecWell or breach of any representation, warranty or provision contained herein.
It is understood and agreed that, if any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or applications.
Construction and Scope of Agreement
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. This document is the only, sole, entire, and complete agreement of the parties relating in any way to the subject matter hereof. No statements, promises, or representations have been made by any party to any other, or relied upon, and no consideration has been offered or promised, other than as may be expressly provided herein. This Agreement supersedes any earlier written or oral understandings or agreements between the parties.
Special Medical Insurance Note
Participants must arrange their own personal medical care insurance to cover potential risks associated with their participation in RecWell.
This agreement shall be construed in accordance with and governed by the applicable laws of the State of Illinois.
Participants are expected to cooperate with University and Department staffs who administer or direct RecWell. The Departments reserve the right to rescind its approval of Participant’s participation in RecWell for the best interests of the University or Department in the event circumstances develop that appears to reasonably justify such discretionary action.