WAIVER, RELEASE OF LIABILITY, INFORMED CONSENT, AND
INDEMNIFICATION AGREEMENT FOR GARDEN PARTICIPATION
(Waiver Agreement)

In consideration of the acceptance of my application/registration request and/or participation in classes, programs, and (activities) sponsored by the Associated Students, San Jose State University, Inc., (Associated Students), its officers, agents, designees,  administrators, employees, and/or representatives, I assume without condition or reservation, each risk attendant to my participation in such activity. On behalf of myself, my heirs, executors, administrators and assigns, I RELEASE, hold harmless and forever discharge the Associated Students, San Jose State University, the State of California, the Trustees of the California State University System, and each of them, from each claim, cause of action, judgment, damage or demand of any kind permitted by law, or arising by operation of law, for personal injury and/or property damage, whether known or unknown, foreseen, foreseeable or unforeseeable, which I may cause or sustain during such activities. And, I further agree to INDEMNIFY them and each of them for each loss(es) and damage(s) sustained by them, or any of them, arising in anyway from my act(s) or omission(s). And, I expressly assume the risk of injury to my person or my property or my death in connection with my travel to and from the activity site(s).

I UNDERSTAND THAT MY PARTICIPATION IN AN ACTIVITY (IES) OF THE ASSOCIATED STUDENTS MAY INVOLVE THE RISK OF PROPERTY DAMAGE, INJURY OR DEATH AND THAT MY PARTICIPATION IS ENTIRELY VOLUNTARY. WITHOUT CONDITION OR RESERVATION, I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY NAMED ABOVE WITH FULL KNOWLEDGE OF THE RISKS INVOLVED AND VOLUNTARILY ASSUME EACH RISK TO ME WHETHER DUE TO THE NEGLIGENCE OF ANOTHER OR NOT, OF PROPERTY DAMAGE, INJURY AND/OR DEATH RELATED IN ANYWAY TO MY PARTICIPATION. I UNDERSTAND THAT THE ACTIVITY BEGINS AND ENDS ON SITE AND THAT MY TRANSIT TO AND FROM THE ACTIVITY IS ON MY OWN.

I understand participation in an activity may require good physical conditioning and training and, I warrant to the Associated Students I am in good physical/mental health and that I am ready, willing, and able to physically and mentally participate in the activity above named. I recognize there may be a substantial risk of injury and/or death in this activity. I knowingly and voluntarily assume each risk related in any way to my participation. I understand there is, without limitation, no life, health care, or other insurance provided for me by the Associated Students, or any of the entities mentioned above, which would cover my death, or health care or other expense arising out of an injury(ies) which I might sustain resultant from my participation in named activity. I accept responsibility to pay and be responsible for all expenses arising out of injury or death myself and/or, due to my act(s) or omission(s), to any other person/entity. I acknowledge I have sole responsibility for loss or damage caused to or by my personal property used in/for the activity.

BY FILLING OUT THE INFORMATION BELOW, I HAVE CAREFULLY READ THIS WAIVER AGREEMENT AND REPRESENT I FULLY UNDERSTAND ITS TERMS. I HAVE HAD ADEQUATE OPPORTUNITY TO HAVE THIS WAIVER AGREEMENT REVIEWED BY OTHERS OF MY CHOICE, INCLUDING A LAWYER. MY SIGNATURE/INITIALS REPRESENT THAT I EITHER HAD THE WAIVER AGREEMENT REVIEWED AND APPROVED AS WRITTEN, OR I KNOWINGLY AND INTELLIGENTLY ELECTED NO TO HAVE IT REVIEWED. I AM AWARE THAT THIS WAIVER AGREEMENT IS A BINDING CONTRACT BETWEEN MYSELF AND THE ASSOCIATED STUDENTS, (WHICH MAY RESULT IN MY SURRENDER OF SUBSTANTIAL RIGHTS) AND SIGN IT OF MY OWN FREE WILL.