Assumption of Risk

I wish to participate in activities (“Physical Activities”) offered by Minnesota State University, Mankato, MN (“the University”). These Physical Activities may include one or more of the following: Center for Communication Sciences & Disorders and/or various other physical activities at my home and outdoor spaces of my choosing. Participants in the Physical Activities engage in activities requiring physical movements, including but not limited to, climbing, running, walking, skipping, jumping, throwing, twisting, turning, bending, lifting, swinging, and bodily contact.

I understand that the Physical Activities, even under the safest conditions, may be hazardous and that my participation may expose me to elements of risk that may include loss of or damage to personal property or bodily injury or death. Risks include, but are not limited to, psychological stress and physical injuries resulting from participation in the above-mentioned activities, as well as those resulting from bumping, falling, tripping, pulling, catching, impacting, exertion, sun and element exposure, and insect stings or bites, in addition to currently unknown or unforeseen risks, such as those that could occur due to natural phenomena. I am fully aware of the dangers and the risks to my person and property and elect to voluntarily engage in the Physical Activities.

I understand I am under no compulsion to engage in the Physical Activities as a condition of being engaged in the Center for Communication Sciences & Disorders Activities, or for any other reason, and I freely elect to engage in the Physical Activities. In consideration of the University’s agreement to permit me to participate in the Center for Communication Sciences & Disorders activities, the receipt and sufficiency of which is hereby acknowledged, I agree as follows:

• I agree to abide by the safety rules and regulations as set by the University staff in printed directions and demonstration videos. Failure to do so may place myself and others in danger and will disqualify me from participation, and I acknowledge that the Program staff may terminate my participation in the Physical Activities at any time at their sole discretion.
• I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby release and forever discharge the University, Minnesota State Colleges and Universities (MnSCU) MnSCU Board of Directors, the State of Minnesota, and its employees, agents, officers, trustees and representatives (in their official and individual capacities) (“Releasees”) from any and all liability whatsoever for any and all damages, losses or injuries (including death) I sustain to my person or property or both, including but not limited to any claims, demands, actions, causes of action, judgments, damages, expenses and costs, including attorney fees, which arise out of, result from, occur during, or are connected in any manner with my participation in Center for Communication Sciences & Disorders activities whether caused by the negligence of the Releasees or otherwise; except that which is the result of gross negligence and/or wanton misconduct by the Releasees.
• I, individually, and on behalf of my heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend and hold harmless the University and its employees, agents, officers, trustees and representatives (in their official and individual capacities) from any and all liability, loss, damage or expense, including attorney fees, that they or any of them incur or sustain as a result of any claims, demands, actions, causes of action, damages, judgments, costs or expenses, including attorney fees, which arise out of, occur during, or are in any way connected with my participation in the Physical Activities. I agree that this Assumption of Risk Waiver of Liability, Release and Indemnification Agreement is to be construed under the laws of the State of Minnesota, U.S.A.; and that if any portion thereof is held invalid, the balance hereof shall, notwithstanding, continue in full legal force and effect. I agree that this Agreement is to be construed broadly to provide a release, indemnification and waiver to the maximum extent permissible under applicable law. Note to Parents and Legal Guardians: If the participant is under 18 years of age, BOTH the participant and the legal guardian must sign this form.