Terms of Service
Terms of Service
UNIVERSITY UNION OPERATION OF CALIFORNIA STATE UNIVERSITY, SACRAMENTO, INCORPORATED/THE WELL
TERMS OF SERVICE
Waiver and Release of Liability
1. Voluntary Participation. I acknowledge that I have voluntarily applied to participate in certain activities made available by the University Union Operation of California State University, Sacramento, Inc. (UUOCI)/The University Union and The WELL (hereafter known as “Union WELL”), at California State University, Sacramento (hereafter known as “Sacramento State”). These activities include, but are not limited to Intramurals, Fitness, Rock Climbing, Open Recreation, Classes, contracted facility service rentals, use of WELL facilities and equipment, Personal Training activities conducted in WELL facilities and elsewhere at Sacramento State under the direction of Union WELL staff (“Union WELL Activities”), and services offered at the Relaxation Station in the University Union.
2. Assumption of Risk. I ACKNOWLEDGE THAT PARTICIPATION IN WELL ACTIVITIES OR ANY ACTIVITIES INCIDENTAL THERETO IS POTENTIALLY HAZARDOUS AND INVOLVES CERTAIN RISKS OF INJURY, INCLUDING, BUT NOT LIMITED TO, LACERATIONS, PULLS AND STRAINS, CONCUSSIONS, BROKEN BONES, LOSS OF LIMB(S), PARALYSIS, OR DEATH. I ACKNOWLEDGE THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHER’S ACTIONS, INACTION OR NEGLIGENCE. I AM VOLUNTARILY PARTICIPATING IN UNION WELL ACTIVITIES WITH THE KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY ACCEPT ANY AND ALL INHERENT RISKS OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH.
3. Release. As consideration for being permitted to participate in Union Well Activities and use related facilities and equipment, I hereby release and covenant not to sue Union WELL, Sacramento State, The CSU Board of Trustees, the State of California and any of their officers, employees or agents (collectively the “Releasees”), from any and all present and future actions, claims or demands resulting from ordinary negligence on the part of the Releasees, for property damage, personal injury, or wrongful death arising as a result of my engaging in any Union WELL Activities, use of related facilities or equipment, or any activities incidental thereto, wherever, whenever or however the same may occur. I hereby voluntarily waive any and all claims resulting from ordinary negligence, both present and future, that may be made by me, my family, estate, heirs, assigns, guardians or legal representatives as a result of my participation in Union Well Activities or use of related facilities or equipment. I further agree to indemnify and hold harmless Union WELL, Sacramento State, The CSU Board of Trustees, and the State of California and other Releasees for any and all claims arising as a result of my engaging in Union WELL activities, use of related facilities or equipment, or any activities incidental thereto, wherever, whenever, or however the same may occur.
Consent to Use of Picture(s), Video(s) or Likeness(es)
Furthermore, I also acknowledge that Union Well and Sacramento State may have occasion to take pictures and videos of Union Well Activities in which I am participating and I give to Union WELL and Sacramento State, the absolute right and permission to use any picture(s), video(s), or likeness(es) of me, taken or created by an agent of Union WELL or Sacramento State, either singularly or included in whole or in part, or composite or distorted in character or form, in conjunction with my own or a fictitious name, or reproductions in color, or otherwise, for, as part of or in conjunction with any future use(s).
Acknowledgement of Policies and Procedures
I acknowledge and agree to abide by all of the policies and procedures relating to the facility, activities, and equipment and understand that the proper and safe use of the facilities, equipment or participation in the activity is dependent upon carefully following such policies and procedures. The WELL’s policies can be found at http://www.thewellatsacstate.com
I hereby declare that I have determined myself to be physically competent to participate with Union WELL at Sacramento State. Furthermore, in the event of accident or illness of an emergency nature, and because I may be unable to select or approve of the required medical treatment, I hereby authorize Union WELL’s employee(s) or Releasee representative(s) to arrange for such care as is available and necessary; and do further release and forever discharge the individuals providing such care and the Releasees from any and all claims, demands and causes of action arising out of said authorization.
Electronic and Digital Signatures
I acknowledge that this Release Agreements Form may be executed by electronic or digital signature and that a copy reproduced by facsimile, portable document format (pdf) or in other electronic form bearing my signature may be relied on by the Releasees as an original for all purposes.
I HAVE CAREFULLY READ THIS FORM AND FULLY UNDERSTAND THAT BY SIGNING THIS FORM I AM GIVING UP MY LEGAL RIGHTS AND/OR REMEDIES WHICH MAY BE AVAILABLE TO ME FOR THE ORDINARY NEGLIGENCE OF UNION WELL, SACRAMENTO STATE OR ANY OF THE RELEASEES. I FURTHER UNDERSTAND THAT THE WAIVER AND RELEASE CONTAINED HEREIN IS INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE OF CALIFORNIA AND AGREE THAT IF ANY PORTION IS HELD INVALID, THE REMAINDER OF THE WAIVER AND RELEASE WILL CONTINUE IN FULL LEGAL FORCE AND EFFECT. I FURTHER AGREE THAT THE VENUE FOR ANY LEGAL PROCEEDINGS SHALL BE IN THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA.