We are delighted to extend our warmest welcome to you as valued members of our school community. As part of our commitment to fostering a collaborative and inclusive environment, we are pleased to offer you an opportunity to experience a guided tour of our school facilities.
We understand that visiting your child’s school is an important aspect of understanding their educational journey. To ensure your safety and the smooth functioning of our tour, we kindly request your cooperation in reviewing and signing the following waiver:
LIABILITY RELEASE, WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT
In consideration for and as an express condition for permission to enter the Saint Joseph Catholic High School, located at 1790 Lake St, Ogden Utah, 84401 (hereinafter the “Facility”) and participation in any related activities in or around the facility, including but not limited to the Sports Fields, Gymnasium, Classrooms, Pavilions, or any other activity or feature included in the Facility (collectively, “Activities”), the undersigned enters into an agreement with Saint Joseph Catholic High School, and agrees to the following:
CONSENT TO ASSUME RISKS, AWARENESS OF INHERENT RISKS, AND EXPRESS ASSUMPTION OF RISK: I understand that anyone performing any activity on or even near the school campus or any of the Activities in the Facility can suffer bodily and other injuries. I understand all the risks and dangers that are inherent in the Activities and being in the Facility, I consent to all risks, and I agree to assume all of them, on behalf of myself and/or my child/ward.. I am NOT relying on Saint Joseph Catholic High School to list all possible risks related to these activities, now or in the future. I agree that I and/or my child/ward am voluntarily participating in the Activities hosted at Saint Joseph Catholic High School including, but not limited to, the use of the equipment, the Facility and the premises. Further, I have explained these risks to my child/ward.
I have read and understand the foregoing CONSENT TO ASSUME RISKS, AWARENESS OF INHERENT RISKS, AND EXPRESS ASSUMPTION OF RISK.
- WAIVER AND RELEASE OF LIABILITY: As lawful consideration for being allowed to engage in any of the aforementioned Activities, now and in the future, I, on behalf of myself and my spouse, parents, heirs, representatives, assigns, minor child/children or legal wards, agree to each of the following:
(a) I agree to assume full responsibility for any and all bodily injuries, damages or losses of any kind that I may sustain when engaging in the Activities or being present in the Facility;
(b) I agree that Saint Joseph Catholic High School and its respective officers, directors, members, managers, employees, agents, heirs, family members, assigns, representatives, affiliated persons, volunteers, sponsors, groups and others acting on their behalf (hereafter referred to collectively as the “Releasees”) shall not be liable for any losses, injuries, or damages that I (which includes the signer and signer’s minor child/children or legal wards) may sustain as a result of engaging in any of the Activities or being in the Facility; and
(c) I fully and forever release, waive, and discharge all claims, demands, damages, legal actions, causes of action, or rights of action (present or future) of any kind against the Releasees whether the claims are known, unknown, anticipated or unanticipated, and whether caused by the Releasees’ ordinary negligence, any act or omission on the part of any Releasees, or other cause arising out of my/our engaging in the Activities at the Releasees’ Facility at any time (hereinafter the “claims”). This Waiver and Release of Liability includes claims pertaining to any activities in and around the Releasees’ Facility, including without limitation: the use of Playing surfaces and any other equipment on the premises; instruction or supervision by Releasees; strenuous bodily movement; the use or misuse of the Facility in any way by anyone; the use of any equipment that malfunctions or breaks; the improper maintenance of the Facility, grounds, or any equipment; slipping, tripping and/or falling while in the facility or on the surrounding premises; or participating in any of the Activities. This Release of Liability also expressly includes a release for any and all claims arising out of or under Utah Law. The term “damages,” as used in this document, includes but is not limited to, medical expenses, any and all claims or losses because of bodily injuries, mental/emotional injuries, or property damages, death, expenses, and/or personal property damages, and any other category of harm. This document is intended to apply and be binding regardless of whether I/we am/are participating in these activities, or in any sense near enough to be in any way effected by them.
I have read and understand the foregoing WAIVER AND RELEASE OF LIABILITY.
- CONSENT TO ARBITRATION: If there are any disputes regarding or arising under this agreement, I, on behalf of myself and/or my child/ward, hereby waive any right that I and/or my child/ward may have to a trial and agree that such dispute shall be brought within one year of the date of this agreement and will be determined by binding arbitration before one arbitrator to be administered by the American Arbitration Association . I further agree that the arbitration will take place solely in the state of Utah and that the substantive law of Utah shall apply.
I have read and understand the foregoing CONSENT TO ARBITRATION.
- INDEMNITY AGREEMENT. To the fullest extent permitted by law, I also agree to indemnify and hold harmless Releasees against and fully reimburse them for any and all claims, demands, actions, liabilities, losses, or suits that are brought against the Releasees which are in any way connected with my/our participation in any of the aforementioned activities at any time, including claims that allege intentional or negligent acts or omissions of the Releasees. This indemnification shall also include reimbursement of reasonable attorney fees incurred by the Releasees or by others on their behalf. This Indemnity Agreement is made in accordance with Utah law.
I have read and understand the foregoing INDEMNITY AGREEMENT.
- I further grant the Releasees’, the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child/wards name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
I agree that Utah law applies to this document, and I agree that this document shall be enforced to the greatest extent permitted by law. If any clause conflicts with applicable law, only that clause will be null and void, but the remainder shall stay in full force and effect. This document can only be modified in writing and signed by me and Saint Joseph Catholic High School. I agree to pay any attorney fees and costs for the Releasees to enforce this Agreement, and I agree to indemnify and hold harmless the Releasees for such fees and costs.
- I AM OF SOUND MIND AND AM NOT SUFFERING FROM SHOCK OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR INTOXICANTS THAT AFFECT MY ABILITY TO READ AND UNDERSTAND THIS DOCUMENT;
I have read and fully understand the contents of this waiver, and I voluntarily agree to its terms and conditions.
We greatly appreciate your cooperation and look forward to providing you with a memorable and informative tour of our school.
If you have any questions or concerns, please do not hesitate to contact our office. Thank you for your ongoing support and partnership in your child’s education.