Waiver and Release of Liability
This is a legally binding Waiver and Release of Liability made by me (hereinafter I or Participant), to Lyon College. This waiver is good for one year from date signed. This document applies to all events offered by Lyon College including, but not limited to, ropes course, bouldering wall, disc golf course, events in pool, the mountain bike and hiking trails, and all off campus events. By signing this document you are agreeing to participate in any one or all of these activities and you hereby agree to the following:
I acknowledge and understand that as part of my participating in Lyon College events there are dangers, hazards, and inherent risks to which I may be exposed, including the risk of serious physical injury, temporary or permanent disability, and death, as well as economic and property loss. The dangers, hazards and risks may arise from my own actions, inactions, or negligence as well as from the actions, inactions or negligence of others, or the condition of the premises. I also acknowledge and understand that there may be other dangers, hazards or risks not presently known or reasonably foreseeable. These outdoor activities are conducted in remote areas without easy access to emergency services. If I have medical problems, especially severe asthma, heart conditions, allergy to insect bites, and easily over-heated I should consult a physician before participating in this activity. I am aware that I am participating in a progressive physical activity. A first aid kit may be provided for the activity but does not contain any prescribed medications such as Epi-Pens, inhalers, and insulin. Therefore, it is my responsibility to provide all necessary medications and/or prescriptions and to inform the trip leader of these beforehand.
Entering a wilderness area requires special awareness of environmental protection. I will use leave no trace practices throughout the course of the trip.
In consideration of the right to participate in Lyon College events, I agree to assume all dangers, hazards and risks arising from my participation in the said events and I hereby forever release and covenant not-to-sue Lyon College, the Lyon College Board of Trustees, and any of its employees, instructors, volunteers, agents, and all others who are involved, from any and all present and future claims resulting from ordinary negligence on the part of the College or others listed for property damage, personal injury, wrongful death, or any other claim arising as a result of my engaging in or receiving instruction via any activity of Lyon College or any activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims both present and future, resulting from ordinary negligence, that may be made by me, my family, estate, heirs, estate or assigns, and I relinquish on behalf of myself, spouse, heirs and assigns the right to recover for any claims, including, but not limited to, injury or death.
I am voluntarily participating in events offered by Lyon College and hereby agree to accept any and all risks including, but not limited to, property damage, personal injury, or death.
I acknowledge that while Lyon College will make every reasonable effort to minimize exposure to known risks, all stresses and hazards associated with events cannot be foreseen. I have a personal responsibility to follow safety rules and procedures established by Lyon College and will make the appropriate College designee aware of any point in which I question my ability to participate in any event.
In the event of an accident or serious illness, I hereby authorize the College to obtain medical treatment for me and on my behalf. I hereby hold harmless and agree to indemnify Lyon College from any claims, causes of action, damages and/or liabilities arising out of or resulting from said medical treatment.
I further agree to indemnify and hold harmless Lyon College and others listed for any and all claims arising as a result of my participation in events offered by Lyon College whether they are on or off campus incidental thereto, wherever, whenever, or however the same may occur.
I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of Arkansas, and I agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be in the State of Arkansas.
I affirm that I am of legal age and am freely signing this agreement. I acknowledge that prior to signing this Waiver and Release of Liability, I have had an adequate opportunity to read it and any questions I had were directed to the designated trip leader or other official at Lyon and have been answered to my satisfaction. I fully understand that by signing this form, I am giving up legal rights and/or remedies which may be available to me for the ordinary negligence of Lyon College or any of the parties listed above.
CAUTION: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING:
__________________________________ April 1, 2023
(Signature of Participant) Date signed