Common use of WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT Clause in Contracts

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. ASSUMPTION OF RISK: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The Recreation Center (the “Rec Center”) at California Baptist University (“CBU”) has facilities for and provides for activities such as weightlifting, running, aerobic activities, fitness classes, rock climbing, and sporting activities. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity which places stress on the cardiovascular system. The specific risks vary from one activity to another, but the risks range from minor injuries such as scratches, bruises, and sprains to major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to catastrophic injuries including paralysis and death. I know, understand, and appreciate these and other risks that are inherent in the activities made possible by CBU at the Rec Center. I hereby assert that my participation is voluntary and that I knowingly assume such risks. I affirm to California Baptist University that: I understand that participation in indoor climbing on the Climbing Wall is purely recreational and is not to be used to climb real rock or foreign objects on or off campus, I am fully capable of participating in indoor climbing, my general health is good, I do not have any conditions that might endanger the life or health of myself or others participating in any activity, and that I know of no reason why I should not participate. I understand that climbing is not absolutely safe and free of risk and no form of preplanning, including wearing a protective helmet, can remove all danger to which I am exposing myself. Whether or not I wear a helmet I am aware any accident could result in head, neck, brain injuries or death and in such event I will assume full responsibility. By my initials below I acknowledge that CBU will not provide a helmet for my use on the Climbing Wall and that I voluntarily and knowingly assume all risk associated with my use of the Climbing Wall without a helmet. Initials WAIVER: In consideration of permission to use the property, facilities, staff, equipment and services of CBU’s Rec Center, I for myself, my heirs, personal representatives or assigns, do hereby covenant not to xxx, and release, waive, and discharge from liability CBU, its trustees, officers, agents, servants, and employees from any and all claims including the negligence of CBU resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observations and use of facilities, premises, or equipment.

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. ASSUMPTION OF RISK: Physical activityName of child participant for whom I am parent or legal guardian Releases, by its very natureWaiver of Liability, carries Assumption of Risk, & Indemnity I recognize that gymnastics is a sport that involves risk. I, despite all reasonable precautions implemented for safety am fully aware of and appreciate the risks including the risk of catastrophic injury, permanent disability, paralysis, and even death as well as other damages and losses associated with it certain inherent risks that cannot be eliminated regardless of participation in the care taken to avoid injuriesprogram. The Recreation Center (the “Rec Center”) at California Baptist University (“CBU”) has facilities for and provides for activities such as weightliftingrisks assumed may be caused by me and/or my child's own actions, runningin actions, aerobic activities, fitness classes, rock climbing, and sporting activities. Some or those of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity which places stress on the cardiovascular system. The specific risks vary from one activity to another, but the risks range from minor injuries such as scratches, bruises, and sprains to major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to catastrophic injuries including paralysis and death. I know, understand, and appreciate these and other risks that are inherent in the activities made possible by CBU at the Rec Center. I hereby assert that my participation is voluntary and that I knowingly assume such risks. I affirm to California Baptist University that: I understand that participation in indoor climbing on the Climbing Wall is purely recreational and is not to be used to climb real rock or foreign objects on or off campus, I am fully capable of participating in indoor climbing, my general health is good, I do not have any conditions that might endanger the life or health of myself or others participating in the event, the conditions in which the event takes place, or the negligence of the "RELEASEES" named below. I knowingly and willingly assume all risks. Consequently, I (we) hereby for myself, heirs, executors and administrators, do waive and release any activityand all rights and claims for damages against the owner, operators, coaches and other members of SPGymnastics, Inc. from personal injury or accident of any sort or nature suffered by me (us), the undersigned, by reason of participation or membership in classes, lessons or any programs or activities of SPGymnastics, Inc. I hereby release, discharge, and covenant not to sue r SPGymnastics, Inc. representative administrators, directors, agents, officers, volunteers, employees, other participants, and if applicable, owners and lessors of premises on which the activity takes place (each considered one of the "RELEASEES" herein). I testify the child (or we) is qualified, in good health, and in proper physical condition to participate. And, as an adult participant, I acknowledge that by participating in gym activities and/or moving around in the gym and facility, with its equipment and possible slippery surfaces, there is risk of injury. I acknowledge that I know of no reason why accept the risk, release SPGymnastics, Inc, and its agents or employees from liability for such injury and waive the option to sue. I should not participaterelease SPGymnastics Inc., staff, facility owner, or related parties from the responsibility or liability for insurance deductibles, medical expenses, and or damages incurred by my child, myself, or other family members while participating or using the facility and parking area. I understand that climbing health insurance is not absolutely safe and free of risk and no form of preplanning, including wearing a protective helmet, can remove all danger to which requirement. I am exposing myself. Whether or not I wear a helmet I am aware any accident could result in head, neck, brain injuries or death and in such event I will assume full responsibility. By my initials below I acknowledge that CBU will not provide a helmet for my use on the Climbing Wall and certify that I voluntarily have health, accident, and knowingly assume all risk associated with my liability insurance to cover bodily injury or property damage I may cause or suffer while participating in the sport of Gymnastics or any other related activity in or related to Sweet Peas Educational Gymnastics or else I agree to indemnify and reimburse Sweet Peas Gymnastics for such fees and costs as incurred. I authorize SPGymnastics, Inc to seek medical treatment at the nearest medical facility in case of emergency. I authorize use of the Climbing Wall without a helmet. Initials WAIVER: In consideration of permission to use the property, facilities, staff, equipment my own and services of CBU’s Rec Center, I my child's visual image in photos and video for myself, my heirs, personal representatives or assigns, do hereby covenant not to xxx, and release, waive, and discharge from liability CBU, its trustees, officers, agents, servants, and employees from any and all claims including the negligence of CBU resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observations and use of facilitiesnewsletters, premises, or equipmentposters and advertising. I've read the above and agree.

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. ASSUMPTION OF RISK: Physical activityIn consideration for my child’s participation in any Indiana Primetime Sports Basketball, by Baseball, Football and Lacrosse Program, I hereby release INDIANA PRIMETIME SPORTS, its very natureagents, carries with it certain inherent risks that cannot be eliminated regardless servants, employees and licensees of the care taken and from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to avoid injuries. The Recreation Center (the “Rec Center”) at California Baptist University (“CBU”) has facilities for and provides for activities such as weightliftingany loss, runningdamage, aerobic activitiesor injury, fitness classes, rock climbing, and sporting activities. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity which places stress on the cardiovascular system. The specific risks vary from one activity to another, but the risks range from minor injuries such as scratches, bruises, and sprains to major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to catastrophic injuries including paralysis and death. I know, understand, and appreciate these and other risks that are inherent may be sustained by my child’s participation in the activities made possible by CBU at the Rec Centerany Indiana Primetime Sports programs. I hereby assert that my participation is voluntary acknowledge and that am duly aware of the risks and hazards inherent in participating in any competitive sport. I knowingly assume such risks. I affirm to California Baptist University that: I understand the risk of participation on behalf of my child and hereby voluntarily assume all risks of loss, damage or injury, including paralysis or death, that participation in indoor climbing on the Climbing Wall is purely recreational and is not to may be used to climb real rock or foreign objects on or off campus, I am fully capable of participating in indoor climbing, sustained by my general health is good, I do not have any conditions that might endanger the life or health of myself or others child while participating in any activityIndiana Primetime Sports programs, including but not limited to any loss, damage or injury caused as a result of or by the negligence of Indiana Primetime Sports and its agents, servants, employees and licensees. I acknowledge that it is my responsibility to provide medical insurance for my child to cover any injury resulting from my child’s participation in any Indiana Primetime Sports program. By signing below, I stipulate that my child has no injuries or other medical conditions which would keep my child from participating in any Indiana Primetime Sports programs. I hereby agree to indemnify and hold Indiana Primetime Sports, its agents, servants, employees, and licensees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with my child’s participation in any Indiana Primetime Sports programs. PARTICIPATION AGREEMENT ACKNOWLEDGEMENT *I AgreeI have read this entire participation agreement, fully understand its terms and conditions, understand that I know have given up substantial legal rights by signing it, and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and intend my electronic signature to be a complete, absolute and unconditional release of no reason why I should not participateall liability to the greatest extent allowed by law. PHOTO/VIDEO RELEASE My child plans to participate in Indiana Primetime Sports programs. I understand that climbing is not absolutely safe videotapes, and/or photographs may be taken of the Program participants. I hereby give my consent for my child to be videotaped and/or photographed in connection with my child’s participation in any Indiana Primetime Sports program. I further agree that all such videotapes and/or photographs shall be the exclusive property of Indiana Primetime Sports, and, subject to the limitations expressed below, I release and free give to Indiana Primetime Sports all rights of risk ownership and no form of preplanningall rights to copy, publish, and use such videotapes and/or photographs. I acknowledge and agree that Indiana Primetime Sports may use any and all videotapes and/or photographs for educational and promotional purposes, including wearing a protective helmet, can remove all danger but not limited to which publication in brochures and other promotional materials and on the Indiana Primetime Sports website. I am exposing myself. Whether or not I wear a helmet I am aware any accident could result in head, neck, brain injuries or death and in such event I will assume full responsibility. By my initials below I acknowledge understand that CBU Indiana Primetime Sports will not provide a helmet for identify my use on the Climbing Wall and that I voluntarily and knowingly assume all risk associated with my use of the Climbing Wall without a helmet. Initials WAIVER: In consideration of permission child by name or allow any third party to use the propertyvideotapes and/or photographs for commercial purposes without obtaining my written permission in advance. I release Indiana Primetime Sports from any liability whatsoever for any violation of any personal or proprietary right under federal, facilitiesstate, staffor common law, equipment and services of CBU’s Rec Center, I for myself, my heirs, personal representatives or assigns, do hereby covenant not to xxx, and release, waive, and discharge from liability CBU, its trustees, officers, agents, servants, and employees from including any and all rights, claims including and/or potential claims now or hereinafter existing, relating to rights of privacy, rights of publicity, and/or any other personal or property- based right I have or in the negligence of CBU resulting future may have in personal injuryconnection with any sale, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observations and use of facilities, premisesreproduction, or equipment.use thereof. PHOTO/VIDEO RELEASE ACKNOWLEDGEMENT *I AGREE with the above Photo/Video ReleaseI DO NOT AGREE with the above Photo/Video Release

WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. ASSUMPTION OF RISKWaiver: Physical activityIn consideration of being permitted to participate in any way in the UHS After Prom event, by I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue the Board of Trustees of Illinois State University, its very natureofficers, employees, agents and assigns from liability any and all claims including those which result in personal loss arising from, but not limited to, participation in any activities at the UHS After Prom event on April 29 – April 30, 2017. Printed Name of Student / Guest Participant (Date) Signature of Student / Guest Participant (Date) Printed Name of Parent / Guardian (Required if Student / Guest is a minor) (Date) Signature of Parent / Guardian (Required if Student / Guest is a minor) (Date) Assumption of Risks: Participation in the U High After Prom activities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The Recreation Center (the “Rec Center”) at California Baptist University (“CBU”) has facilities for and provides for activities such as weightlifting, running, aerobic activities, fitness classes, rock climbing, and sporting activities. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity which places stress on the cardiovascular system. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, sprains, floor xxxxx, and sprains soreness to 2) major injuries such as eye injury pulled muscles, broken bones or loss of sight, joint or back injuries, heart attacks, fractures. I/We have read the previous paragraphs and concussions to catastrophic injuries including paralysis and death. I know, understand, and appreciate these and other risks that are inherent in the activities made possible by CBU at the Rec CenterUHS After Prom event. I hereby assert that my minor child/guard’s participation is voluntary and that I knowingly assume all such risks, and agree to participate(s) according to the rules and instructions. I affirm to California Baptist University thatIndemnification and Hold Harmless: I understand that participation in indoor climbing on also agree to indemnify and hold harmless the Climbing Wall is purely recreational Board of Trustees of Illinois State University and is not to be used to climb real rock or foreign objects on or off campus, I am fully capable all of participating in indoor climbing, my general health is good, I do not have any conditions that might endanger the life or health of myself or others participating in any activity, and that I know of no reason why I should not participate. I understand that climbing is not absolutely safe and free of risk and no form of preplanning, including wearing a protective helmet, can remove all danger to which I am exposing myself. Whether or not I wear a helmet I am aware any accident could result in head, neck, brain injuries or death and in such event I will assume full responsibility. By my initials below I acknowledge that CBU will not provide a helmet for my use on the Climbing Wall and that I voluntarily and knowingly assume all risk associated with my use of the Climbing Wall without a helmet. Initials WAIVER: In consideration of permission to use the property, facilities, staff, equipment and services of CBU’s Rec Center, I for myself, my heirs, personal representatives or assigns, do hereby covenant not to xxx, and release, waive, and discharge from liability CBU, its trustees, officers, agents, servants, and employees those involved from any and all claims including the negligence of CBU resulting in personal injuryclaims, accidents or illnesses (including death)actions, suits, procedures, costs, expenses, damages, and property loss arising fromliabilities, but not limited toincluding attorney’s fees, participation in activitiesbrought as a result of my involvement with this hypnosis event. Acknowledgement of Understanding: I have read this waiver of liability, classesassumption of risk, observations and use indemnity agreement, fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of facilities, premises, or equipment.all liability to the greatest extent allowed by the law. Printed Name of Student / Guest Participant (Date) Signature of Student / Guest Participant (Date) Printed Name of Parent / Guardian (Required if Student / Guest is a minor) (Date)