Northern Illinois University Program
Personal Assumption of Risks 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 Department of Kinesiology and Physical Education and University Recreation and Wellness departments (the “Departments”) is offering a fitness and wellness program, “broadly referred herein as “FitWell”).
The undersigned FitWell Program applicant (hereby “Participant”) hereby acknowledges, accepts and affirmatively agrees to the following conditions of participation in any aspect or offering of the FitWell Program:
- In consideration of being granted the opportunity to participate in the FitWell 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 activity
- I realize it is foreseeable and possible that personal injury or stress may occur through FitWell 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 FitWell. Any activities that Participant takes part in, whether as part of FitWell or separate from FitWell, 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 FitWell to their parents or guardians to assure their being informed of relevant facts.
Personal Assumption of Risk
All physical activities including FitWell 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 FitWell. 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 FitWell. 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 FitWell 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 FitWell.
Release of Liability and Indemnification
In the absence of gross negligence, in consideration of University accepting Participant into FitWell, 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 FitWell, and/or educational, exercise, testing/assessment, recreational, and wellness activities thereunder or any function associated with participation in this FitWell, 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 FitWell 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 FitWell 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 FitWell.
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 staff who administer or direct FitWell. The departments reserve the right to rescind its approval of Participant’s participation in FitWell for the best interests of the university or Department in the event circumstances develop that appears to reasonably justify such discretionary action.