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 "NIU Recreation").
The undersigned NIU Recreation Program applicant (hereby "Participant") hereby acknowledges, accepts and affirmatively agrees to the following conditions of participation in any aspect or offering of the NIU Recreation programs and services:
All physical activities including NIU Recreation 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 NIU Recreation. 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 NIU Recreation. 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 NIU Recreation 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 NIU Recreation.
In the absence of gross negligence, in consideration of University accepting Participant into NIU Recreation, 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 NIU Recreation, and/or educational, exercise, testing/assessment, recreational, and wellness activities thereunder or any function associated with participation in this NIU Recreation, 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 NIU Recreation 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 NIU Recreation 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.
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.
Participants must arrange their own personal medical care insurance to cover potential risks associated with their participation in NIU Recreation.
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 NIU Recreation. The Departments reserve the right to rescind its approval of Participant’s participation in NIU Recreation for the best interests of the University or Department in the event circumstances develop that appears to reasonably justify such discretionary action.