By purchasing a membership, you agree to follow all Wellesley College policies & procedures of all Keohane Sports Center users. Failure to do so may result in access to the KSC being denied and membership being revoked.
WAIVER
For the purposes of this agreement, the term "Program" refers to any access, utilization, or participation in activities within or associated with the Nannerl O. Keohane Sports Center at Wellesley College.
Assumption of Risk / Release & Indemnification of All Claims / Participation Agreement
This is a legal and binding agreement which, when accepted via the attestation checkbox below, will permanently limit your ability to recover from the parties indicated below for injuries or losses you, your family members, or your guests may sustain as a result of participating in the Program listed above.
Wellesley College is a non-profit educational institution. References to Wellesley or Wellesley College include Wellesley College, its trustees, employees, volunteers, students, Student Government Organization and participating organizations, agents and assigns and anyone participating in the Program activities, either in their individual capacities or by reason of their relationship to Wellesley College, or their successors.
I understand that Wellesley College is not an agent of, and has no responsibility for, any third party including without limitation any sponsor that may provide any services, equipment, training or activities associated with the Program. I understand that Wellesley College may not have reviewed, certified, or investigated the Program or its activities and makes no statement or warrantee as to the safety of said Program or its services, equipment, training or activities.
I certify that I, any accompanying guests, and my family members freely and voluntarily choose to participate in the Program indicated above (referred to as the Program) regardless of any encouragement or educational requirement to participate in this or a similar program, and I freely accept all the risks associated with the Program on behalf of myself, my family members, and my guests.
My/Our Responsibilities
By checking the agreement box below, I acknowledge and accept responsibilities as set forth below for myself, my family members, and any guests accompanying me. I agree that our safety is primarily dependent upon taking proper care of ourselves and avoiding any activity or behavior which would harm us or others. I further agree that I, my family members, and my guests will follow the safety guidelines from the Program staff as well as posted guidelines.
Assumption of Risk
Despite precautions, accidents and injuries can occur. I understand the activities we may undertake may be potentially dangerous and that I, my family members, or my guests may be injured and/or lose or damage personal property or suffer financial loss as a result of use of the facilities, equipment or Program participation. Therefore, I ASSUME ALL RISKS RELATED TO THE ACTIVITIES FOR MYSELF, MY FAMILY MEMBERS, AND MY GUESTS including but not limited to: Death, dismemberment, injury or illness from accidents of any nature whatsoever, including but not limited to bodily injury or illness of any nature whether severe or not, temporary or permanent, which may occur as a result of participating in an activity or contact with: physical surroundings; insects or animals; biological hazards such as mold, bacteria, viruses, infectious materials, blood-borne pathogens, etc.; equipment, or other persons.
I further acknowledge that the above list is not inclusive of all possible risks associated with the Program or facilities, equipment, or services in association with the Program, and that the above list in no way limits the extent or reach of this release and covenant not to sue. I understand that participation in this Program and use of facilities at or provided by Wellesley College is an acceptance of risk of injury.
Release from Liability, Indemnification Agreement and Covenant Not to Sue
In consideration of Wellesley’s support of the Program, I, to the fullest extent permitted by law, agree to forever release and on behalf of myself, my family members, my guests, and our respective spouses, heirs, representatives, executors, administrators and assigns, and hereby do forever release Wellesley College from any cause of action, claims, or demands of any nature whatsoever, including but not limited to a claim of negligence which I, my family members, my guests, or our spouses, heirs, representatives, executors, administrators and assigns may now have, or have in the future against Wellesley College on account of personal injury, bodily injury, property damage, death or accident of any kind, arising out of or in any way related to my, my family members', or my guests' participation in the Program or use of the Program facilities, equipment, or services howsoever the injury is caused, including whether by the ordinary negligence of Wellesley College or otherwise.
In consideration of Wellesley’s support of our participation in the Program, I covenant not to sue and agree to indemnify and hold harmless Wellesley from any and all causes of action, claims, demands, losses or costs of any nature whatsoever arising out of or in any way relating to my, my family members', or my guests' use of the facilities, equipment, or services in association with the Program.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in participation in the Program and the use of Program facilities, equipment, or services, that I am voluntarily assuming all risks, whether known or unknown, and that I, my family members, and my guests are voluntarily participating in the Program.
I understand that I will be solely and financially responsible for any loss or damage, including death, which I, my family members, or my guests sustain or cause, whether in whole or in part, while participating in the Program and our use of Program facilities, equipment, or services, and that by this agreement I am relieving Wellesley College of any and all liability for such loss, damage or death.
Checking the box below indicates that I have read and freely agree to this document. I further certify that I am at least 18 years old, am legally competent to review and accept this agreement, and am authorized to bind myself, my family members, and my guests to these terms. I further understand that the terms of this agreement are legally binding and I certify that I am agreeing after having carefully read and understood the same, of my own free will. This agreement is made in sole consideration of Wellesley College permitting my, my family members', and my guests' participation in the Program and any use of Program facilities, equipment, or services.
I agree that this agreement is meant to be as broad and inclusive as permitted by, and will be construed under, Massachusetts law, and that Norfolk County, Massachusetts, USA will serve as the venue for any legal proceedings incident to the Program. The terms of this agreement are severable, such that if a court of law holds any term to be illegal, unenforceable, or in conflict with law, the validity of the remaining portions will not be affected. This agreement supersedes any earlier written or oral understandings or agreements between Wellesley and me.
Digital Attestation
By checking the box above, I acknowledge that I have read, understood, and freely agree to this entire liability waiver, assumption of risk, and participation agreement on behalf of myself, my family members, and all guests accompanying me.
