I,
the Parent/Guardian/Authorized Adult of my child, hereby acknowledge that I freely and voluntarily permit my
Child to participate in the water polo practices. I have allowed my Child to participate in this Event, knowing that I
would be required to sign this Release of Liability. I understand my Child’s
participation in the Event is completely voluntary and that my
Child is under no obligation to participate in the Event. In consideration
of SMU’s arranging the opportunity for my Child to participate in the Event and
the enhanced educational opportunity the Event will provide, I hereby execute
this Release of Liability, which I have fully read, with the intent to
bind myself, my spouse (if applicable), my heirs, assigns and legal
representatives. I further state that I am at least 18 years of age and
competent to sign this affirmation and release.
I understand
and agree that SMU is not providing transportation for my Child and that
my Child will be transported by private vehicle to and from the Event. I
understand and agree that if my Child leaves the SMU campus for any reason, at
any time during the Event, my Child does so at his/her own risk as SMU cannot
exercise control or provide the same kinds of protections as it can in the on-
campus setting.
I fully understand
and agree that by my Child’s participation in the Event, my Child faces risks
of accidental and/or other injury. These
risks include, but are not limited to, (1) loss or damage to personal property;
(2) injury or fatality due to, and/or related to, tasks and/or activities
associated with the Event, involving strenuous physical activities, including
but not limited to injury(ies) associated with physical exercise and exertion
associated with performing this activity (b) the condition and location of some
facilities, which may not be under the control and maintenance of SMU, (c) any
and all other aspects and stresses related to the Event, including emotional
and psychological stresses, including interaction with personnel who are not
employees of SMU, (d) suffering illness or accident while away from home, among
others. I am fully aware that my Child may suffer these and/or other
injuries arising out of his/her participation
in the Event and that portions
of this Event may present
danger to my Child.
I have fully
investigated the nature of the Event, and I understand and assume the risks
of my Child’s participation in the Event. I hereby represent that my Child
is able to participate in the Event, with or without reasonable accommodations.
I further acknowledge that my Child has asked for and has received reasonable
accommodations for any disability he/she may have brought to the attention of
the Event coordinator, having first presented valid certification of his/her
disability. My Child and I agree that my Child shall advise the Event
coordinator at any point when he/she questions his/her ability to participate in any activity
of the Event.
I EXPRESSLY AGREE AND INTEND
THAT MY CHILD’S PARTICIPATION IN THE EVENT SHALL BE UNDERTAKEN BY MY CHILD AT
HIS/HER OWN RISK AND THAT NEITHER SMU, ITS TRUSTEES, OFFICERS, EMPLOYEES,
AGENTS NOR ASSIGNS SHALL BE LIABLE FOR ANY INJURIES, DAMAGES, CLAIMS, DEMANDS,
ACTIONS OR CAUSES OF ACTION WHATSOEVER WHICH MAY ARISE OUT OF OR IN CONNECTION
WITH MY CHILD’S PARTICIPATION IN THE EVENT, WHETHER FROM ACTS OF ACTIVE OR
PASSIVE NEGLIGENCE ON THE PART OF MY CHILD, SMU OR ITS TRUSTEES, OFFICERS,
EMPLOYEES, AGENTS AND ASSIGNS, AND I DO HEREBY FOREVER RELEASE, DISCHARGE,
INDEMNIFY, HOLD HARMLESS AND WILL DEFEND SMU, ITS TRUSTEES, OFFICERS,
EMPLOYEES, STUDENTS, AGENTS AND ASSIGNS FOR ANY SUCH INJURIES, DAMAGES, CLAIMS,
DEMANDS, ACTIONS OR CAUSES OF ACTION.
The terms of
this Release of Liability are to be governed by and construed under the laws of
the State of Texas. In the event any term or provision of this Release of
Liability is found to be unenforceable or void, in whole or in part, the term
or provision concerned shall be construed as valid and enforceable to the
maximum extent permitted by law, and the balance of this Release of Liability
shall remain in full force and effect. I agree that exclusive venue for any
dispute arising between SMU and I or my Child involving this Release of
Liability in any way shall be in Dallas County, Texas.
