1. AGREEMENT TO PARTICIPATE
PARTICIPANT understands and accepts the risks of participation in the EVENT, and indicates understanding and agreement by signing on the appropriate lines below. PARTICIPANT and/or their parent or guardian executes this Waiver of Liability and Permission Form for full, adequate, and complete consideration and intend to be bound by the same. PARTICIPANT has consulted with a medical doctor with regard to participation in the EVENT and has no health-related reasons or concerns that preclude or restrict their participation. PARTICIPANT further agrees to be responsible to pay any medical costs that may occur because of any injury to PARTICIPANT. Kean University is granted permission to authorize emergency medical treatment for PARTICPANT, if necessary, and any such action by the University shall be subject to the terms of the Waiver of Liability and Permission Form. PARTICIPANT understands and agrees the University assumes no responsibility for injury or damage that might arise out of or in connection with such authorized emergency medical treatment.
PARTICIPANT understands, acknowledges, appreciates, and agrees that the EVENT bears known risks that may result in injury, illness, or emotional stress or damage to PARTICIPANT’s body and property. PARTICIPANT is at least eighteen (18) years of age and is fully competent to sign this Waiver of Liability and Permission Form. If not, PARTICIPANT has additionally secured below the signature of their parent or legal guardian.
PARTICIPANT consents to and authorizes Kean University, its officers, agents, employees, and assigns to:
a) Record their likeness and voice on a video, audio, photographic, digital, electronic, print, and any other medium.
b) Use their name in connection with these recordings.
c) Use, reproduce, exhibit, and distribute in any medium (e.g. print or web publications, productions, news releases) these recordings for any purpose that Kean University and its representatives deem appropriate, including promotional or advertising efforts.
PARTICIPANT releases Kean University and its representatives from liability for any violation of any personal, privacy, or proprietary right they may have in connection with such use. PARTICIPANT understands that all such recordings, in whatever medium, shall remain the property of Kean University. PARTICIPANT waives the right to inspect or approve the finished product in which their likeness appears and they acknowledge Kean University shall pay no monetary consideration for their appearance, likeness, statements, or recordings.
3. COVID-19 INFORMED CONSENT AND ASSUMPTION OF RISK
PARTICIPANT acknowledges the Public Health Emergency created by Coronavirus disease 2019 or COVID-19 (“COVID-19”). Kean University continues to monitor the latest developments of the COVID-19 pandemic (“COVID-19”) and will comply with all federal, state and local regulations concerning COVID-19 health and safety, including directives from the New Jersey Office of the Secretary of Higher Education and the New Jersey Department of Health. In addition, Kean has implemented campus-wide precautions in line with the Centers for Disease Control and Prevention (“CDC”) guidelines.
a. PARTICIPANT risks exposure or infection with COVID-19 because of participation in the EVENT due to contact with other persons and the sharing of equipment and facilities. PARTICIPANT understands exposure or infection with COVID-19 may lead to symptoms that include but are not limited to fever, flu-like symptoms, medical complications, pneumonia, permanent disability, emotional distress, and death.
b. PARTICIPANT must comply with all current and future health and safety policies, protocols, and advisories implemented by Kean University to mitigate the spread of COVID-19 and consent to any screening, diagnostic, or other testing procedures for the presence of or exposure to COVID-19 as determined by the University. PARTICIPANT consents to the release of such information to municipal, county, state, and federal authorities as may be required for contact tracing.
c. PARTICIPANT is responsible for all medical expenses that may result from exposure to COVID-19.
d. PARTICIPANT acknowledges and agrees they are voluntarily engaging in the EVENT entirely at their own risk and assume all risks of injury and illness, including COVID-19 infection.
4. RELEASE AND WAIVER
PARTICIPANT agrees neither Kean University, the State of New Jersey, and any trustee, director, officer, agent, employee, member, volunteer or any other representative of Kean University, the State of New Jersey, nor any of their respective successors or assigns (collectively, “Kean”) shall be liable for any loss, damage, injury (including death) or claim of any kind arising from or caused by their participation in the EVENT. This includes without limitation, any loss, damage, or claim arising from an accident or casualty involving PARTICIPANT whether or not on or off Kean’s property. PARTICIPANT further agrees to hold Kean harmless from all loss, liability, damages, costs and expenses (including actual attorney’s fees) arising from or related to the same. This Waiver of Liability and Permission is binding on PARTICIPANT’s heirs, spouse, guardians, executors, administrators, or assigns.
PARTICIPANT will abide by rules, regulations, and directives given by Kean University its employees and representatives and understands failure to do so may result in ejection from the EVENT.
This Waiver is intended to be as broad and as inclusive as permitted by the laws of the State of New Jersey. If any portion of the Waiver of Liability and Permission is declared invalid, PARTICIPANT agrees the remaining balance of the release and waiver will continue to be applicable. PARTICIPANT consents to all of the above conditions and is aware of the release of important rights.