- ASSUMPTION OF THE RISK. The undersigned assumes all risks which are foreseeable and involved with or may arise out of his or her voluntary participation in the above-noted Event, including, but not limited to, the risks involved with the activity itself, the negligent and/or willful and wanton acts of others, the criminal and/or intentional acts of others, the omission of an act of another, a defect or condition of the premises or the unavailability of emergency care, the risks involved with travel, either by air, train, motor vehicle, foot, or otherwise. The undersigned does not assume the risks of injuries caused by the gross negligence, or willful and wanton misconduct of any employees or agents of Iona Preparatory School.
- RELEASE. The undersigned releases Iona Preparatory School and all of its directors, trustees, officers, employees, servants, volunteers, and agents not to initiate litigation on account of or in connection with any claims, causes of action, injuries, illnesses, damages, and/or cost of expenses arising out of the activities involved in my voluntary participation in the above-noted Event, including those claims, causes of action, injuries, illnesses, damages, and/or cost or expenses, based on death, bodily injury, or property damage whether or not caused by the negligence or other fault of the parties being released.
- WAIVER. The undersigned waives the protection afforded by any statute or law in any jurisdiction whose purpose, substance, cause and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing this release. This means, in part, that the undersigned is releasing unknown future claims.
- INDEMNITY AND DEFENSE. The undersigned agrees to indemnify and defend Iona Preparatory School and all of its directors, trustees, officers, employees, servants, volunteers, and agents (hereinafter jointly referred to as “indemnitee”) against, and hold them harmless from, any and all claims, causes of action, damages to or destruction of any property of the indemnitee or any others, injury or death that may result to the undersigned’s child, or anyone else.
- REPRESENTATIVES. The undersigned enters into this agreement for himself/herself, his/her heirs, assigns, and legal representatives.
- INSURANCE. The undersigned understands that Iona Preparatory School does not carry insurance to cover any possible losses the undersigned may incur as a result of his or her voluntary participation in the above-noted Event. The undersigned is encouraged to undergo a medical physical exam and purchase health insurance prior to any and all participation that will be effective inside and outside of the United States of America, including, but not limited to, those foreign countries the undersigned will visit during the Event.
- MEDICAL CARE. I understand and agree that Iona Preparatory School may not be able to provide medical personnel at all times. I hereby give my consent to a faculty or staff member, a fellow participant and/or student, an adult supervisor, emergency medical personnel, and/or a doctor of medicine or dentistry or associated personnel to provide me with medical assistance and/or treatment in the event of an emergency. I also agree to allow Iona Preparatory School to share any and all medical information about me with any party called to assist in my care. Finally, I agree to save and hold harmless and indemnify Iona Preparatory School from all liability, loss, cost, claim, lawsuit, or damage, whatsoever, including injury, death, or property damage, which may be imposed upon Iona Preparatory School because of any defect in or lack of such capacity to so act or caused, or alleged to be caused, in whole, or in part, by the negligence of the released parties.
- The protections provided by this Agreement only enhance those protections already provided by the laws of New York State.
- SEVERABILITY. If any provision of this Agreement is prohibited, invalidated, or unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction, unless it materially alters the nature or material terms of this Agreement.
A downloadable version of this waiver is available below.