Sponsoring Organization: Community Service- Learning
Waiver of Liability, Indemnity Agreement, & Assumption of Risk
Waiver of Liability and Indemnification Agreement
Waiver: In consideration of permission to participate, today and on all future dates, the property, facilities and services of Willamette University (WU), I, on behalf of myself, my heirs, personal representatives, or assigns, do hereby release, waive, discharge, and covenant not to sue WU, its directors, officers, employees, student volunteers, independent contractors, administration, or trustees from liability from any and all claims arising from the ordinary negligence of WU or any of the aforementioned parties. This agreement applies to personal injury including paralysis or death, from accidents or illness arising from participating in WU activities including, but not limited to, community service, organized activities, classes, observation, and individual use of facilities, premises, or equipment; and to any and all claims resulting from the damage to, loss of, or theft of property.
Indemnification and Hold Harmless: I also agree to HOLD HARMLESS AND INDEMNIFY WU from all claims resulting from ordinary negligence and to reimburse them for any expenses incurred as a result of my involvement with WU. I further agree to pay all costs and attorneys’ fees incurred by WU in investigating and defending a
claim or suit if my claim is withdrawn, or to the extent a court or arbitration determines that WU is not responsible for the injury or loss.
Severability & Venue: The undersigned further expressly agrees that the foregoing waiver and assumption of risk agreement is intended to be as broad and inclusive as is permitted by the law of the State of Oregon and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Likewise, I agree that if legal action is brought, it must be brought in Marion County, Oregon.
Acknowledgment of Understanding: I have read this waiver of liability and indemnification agreement and fully understand its terms. I understand that I am giving up substantial rights, including my right to compensation for injury. I acknowledge that I am signing the agreement voluntarily, and intend my signature to be a complete and unconditional release of all liability for ordinary negligence to the greatest extent allowed by law in the State of Oregon.
Waiver Agreement, I have read this waiver of liability and indemnification agreement and fully understand its terms.
Assumption of Risks
Assumption of Risks: Physical and/or outdoor activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. WU promotes service opportunities which can include interactions with people in need, donation sorting, tree planting, cleanup of natural and urban areas, mentoring or tutoring youth, work with animals, yard work, and other types of activity. Some of these involve exertions of strength (such as moderate lifting) using various muscle groups and may involve sustained physical activity which places stress on the muscular and cardiovascular systems.
The specific risks vary from one activity to another, but in each activity the risks range from minor injuries such as scratches, scrapes, insect bites and stings, bruises and sprains to major injuries such as loss of sight, joint or back injuries, skeletal breaks, tissue lacerations, puncture wounds, burns, concussions, and heart attacks to catastrophic injuries including paralysis and death.
Nature of the Activities: I understand that the Activities may include work that may be hazardous to me, including, but not limited to construction, gardening, cleaning, laying trail, and loading and unloading of equipment and materials. I recognize and acknowledge that there are risks associated with the aforementioned activities, which may include but are not limited to; the effects of weather, and misuse or failure of equipment.
I have read the previous paragraphs and I know the nature of the activities within this WU service event in which I am participating, and I understand the demands of those activities relative to my physical condition and skill level, and I appreciate the types of injuries which may occur as a result of activities made possible by WU. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Acknowledgment of Understanding:I have read this assumption of risk and fully understand its terms. I acknowledge that I am signing the agreement freely and voluntarily and intend my signature to signify a complete assumption of the inherent risks of participating in or observing community service activities from WU to the greatest extent allowed by law in the State of Oregon.
Assumption of Risks, I have read this assumption of risks agreement and fully understand its terms.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I/we agree to be bound by its terms.
By applying my electronic signature to this agreement, I agree that my electronic signature is the legally binding equivalent of my handwritten signature on paper. I will not, at any future time, claim that my electronic signature is not legally binding or enforceable. By electronically signing and submitting this agreement, I: 1) acknowledge that I have read and fully understand the terms of the agreement; 2) voluntarily agree to be bound by this agreement; and 3) certify that I am 18 years of age or older.
Today's Date: March 22, 2023