DSU Summer Leadership Experience

 GENERAL RELEASE AND WAIVER

PLEASE READ AND SIGN BELOW

 

 

This Agreement (“Agreement”) is entered into by the Adult Participant (“Participant”), and if any minor(s) is/are named below, the Adult Participant on behalf of and as parent or legal guardian for such Child Participant(s) (“Participants”) identified below in favor of Delaware State University (“University”) Collectively and severally, Adult Participant and Child Participant, their heirs, successors, and assigns are hereinafter referred to as Participants. In consideration of University permitting Participant(s) to enter the Premises and participate in the BMI Summer Experience, including the Activities that may occur in, about, or near 1200 N. Dupont Highway, Dover De 19901 or any other premises owned or operated by University wherever located (Premises), Participant agrees as follows:

1. Nature of the activities. University operates a campus, which offers Participant(s) (i) the opportunity to participate in research, instruction, classes, experiments, and programs and (ii) access to the Premises (collectively, Activities).

2. Risk Associated with Activities. Participant(s) acknowledges risks associated with participation in the Summer Program and do hereby voluntarily assume full responsibility for any risk of loss, property damage or personal injury, including death, that may result from participation in event activities.

3. Assumption of Risk. Notwithstanding the foregoing risks and the safety measures implemented by DSU, Participant(s) acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities Participant affirms that participation in the activities is voluntary and Participant knowingly y, with understanding of the risks and potential injuries, assumes all risks inherent with the activities and access to the Premises,

4. Release and Indemnity.

I, as a Participant or as Participants of BMI Summer Experience, , hereby assume all risks and hazards incidental to the conduct of the activities at University and transportation to and from the activities. I and/or My Child is fit for the program(s) in which I have enrolled him/her. I HERELY RELEASE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASEES FROM EVERY CLAIM AND ANY LIABILITY THAT I AS A PARTICPANT(S) MAY ALLEGE AGAINST RELEASEES (including reasonable legal fees and costs) AS A DIRECT OR INDIRECT RESULT OF INJURY OR DEATH TO ME AS A PARTICPANT(S) BECAUSE OF THE INVOLVMENT IN ANY UNIVERSITY SUMMER PROGRAMS, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERS TO THE MAXIMUM EXTENT PERMITTED BY LAW. PARTICIPANT(S) PROMISE NOT TO SUE RELEASEES ON MY BEHALF OR ON BEHALF OF MY CHILD REGARDING ANY CLAIM ARISING FROM OR RELATED TO THE INVOLVEMENT IN ANY UNIVERISTY SUMMER PROGRAM(S). I ACKNOWLEDGE THAT, BY SIGNING THIS DOCUMENT, I AM RELEASING UNIVERSITY, AND THEIR TRUSTEES, REPRESENTATIVES, AGENTS, EMPLOYEES, VOLUNTEERS, MEMBERS, SPONSORS, PROMOTERS, AND AFFILIATES (COLLECTIVELY “RELEASEES”) FROM LIABILITY, AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS SIGN UP AND RELEASE FORM IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES AND IT APPLIES TO ALL ACTIVITIES IN WHICH MY CHILD ENGAGES DURING THE DSU SUMMER PROGRAM REGARDLESS OF WHETHER SUCH ACTIVITY IS A PART OF A FORMAL PROGRAM. I HAVE READ THIS RELEASE CAREFULLY BEFORE SIGNING. I UNDERSTAND WHAT THIS RELEASE MEANS AND WHAT I AM AGREEING TO BY SIGNING. I UNDERSTAND AND AGREE THAT THIS WAIVER/RELEASE WILL HAVE THE EFFECT OF RELEASING, DISCHARGING, WAIVING AND FOREVER RELINQUISHING ANY AND ALL ACTIONS OR CAUSES OF ACTION THAT I MAY HAVE OR HAVE HAD, WHETHER PAST, PRESENT OR FUTURE, WHETHER KNOWN OR UNKNOWN, AND WHETHER ANTICIPATED OR UNANTICIPATED BY ME, ARISING OUT OF MY PARTICIPATION AND/OR RECEIPT OF INSTRUCTION IN THE ACTIVITY, EXCEPT FOR THE ACTS OR OMISSIONS OF DELAWARE STATE UNIVERSITY , ITS OFFICERS, DIRECTORS AGENTS OR EMPLOYEES WHICH ARE FOUND TO BE NEGLIGENT BY A COURT OF COMPETENT JURISDICTION.

I UNDERSTAND AND AGREE THAT THIS WAIVER/RELEASE APPLIES TO PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, EVEN IF CAUSED BY THE ACTS OR OMISSIONS OF OTHERS. I UNDERSTAND AND AGREE THAT BY SIGNING THIS WAIVER/RELEASE, I AM ASSUMING FULL RESPONSIBILITY FOR ANY AND ALL RISK OF DEATH OR PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY ME WHILE PARTICIPATING AND/OR RECEIVING INSTRUCTION IN THE ACTIVITY. I UNDERSTAND AND AGREE THAT THIS WAIVER/RELEASE WILL BE BINDING ON ME, MY SPOUSE, MY HEIRS, MY PERSONAL REPRESENTATIVES, MY ASSIGNEES, MY CHILDREN AND ANY GUARDIAN AD LITEM FOR SAID CHILDREN.

5. Acknowledgment. Participant(s) represents to the DSU that this Agreement is a complete and final

release and indemnity agreement, that Participant(s) is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant(s) in signing this Agreement. Participant(s) agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be modified in writing, and that Participant(s) is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant(s) expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or due to Participant’s use of the Premises or participation in the Activities shall lie in the County in which the Premises is located. The substantive laws of the state of Delaware. By signing below, Participant(s) authorizes DSU to communicate with Participant via email, with updates, news, advertisements, and offers.

6. Covid 19 Compliance: 6.1 Participant(s) understands the role in keeping our campus community safe and reducing the risk of spread of COVID-19. Participants understand that the University has put in place new safety rules and precautions to mitigate the spread of COVID-19, which rules and precautions may be updated at any time. While acknowledging that these rules and precautions may or may not be effective in mitigating the spread of COVID-19, Participant agree to comply with such rules and precautions which may include, but are not limited to, wearing a face covering, hand washing, hand sanitizing, and social distancing. Participants understand that failing to comply with these rules and precautions may be a violation of the University’s policies and/or that failing to comply could subject Participant to expulsion or termination from the Summer Program.

6.2 Participant(s) understand that to attend DSU Summer Programs, participants must participate in the University’s COVID-19 testing program. This may require participants to undergo COVID-19 testing at time(s) and place(s) as directed by the University.

6.3 Participants(s) agree that if Participant exhibit symptoms of a fever of 99.5ºF or higher, chills, cough, shortness of breath/difficulty breathing, fatigue, muscle/body caches, headache, new loss of taste or smell, sore throat, congestion/runny nose, nausea/vomiting, and/or diarrhea, Participant will immediately notify the Summer Program Director. Participant(s) understand that you may be required to remain off-campus and/or isolate/quarantine for a period as directed by DSU.

6.4 Participant(s) understand that to attend the DSU Summer Program, participants must be free from any known or suspected exposure to COVID-19. Acknowledgement: By signing this agreement, Participant acknowledge the contagious nature of COVID-19, the fact that it can be difficult to identify in another, and the inherent risks of exposure at the University to those who may be infected with COVID-19. I understand that no policies or practices will remove all risk of exposure to COVID-19. I agree to use my best judgment regarding my activities on and off-campus to reduce the risk of spread of COVID-19. 7.

7. Media Release. Participant hereby grants to University the right to record the image and/or voice and use the artwork and/or written work of my child, on videotape, on film, on photographs, in digital media and in any other form of electronic or print medium and to edit such recording at their discretion. I hereby release University pursuant to this media release form any and all claims, damages, liabilities, costs and expenses which I or my child now have or may hereafter have by reason of any use thereof. I understand that the provisions of this release are legally binding.

BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ THIS AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AGREE TO BE BOUND AS SET FORTH HEREIN.

I understand that no insurance coverage for participants in these activities is provided by the University.

Insurance Waiver

I understand that no insurance coverage for participants in these activities is provided by the University.

Participant Information

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