CMS Team Travel Waiver

ASSUMPTION OF RISK AND GENERAL RELEASE

THIS CONTRACT AFFECTS YOUR LEGAL RIGHTS. READ IT CAREFULLY BEFORE SIGNING. RACHANA BHAT IS AVAILABLE TO ANSWER ANY QUESTIONS YOU HAVE. BEFORE SIGNING, YOU MAY, AT YOUR OWN EXPENSE, REVIEW THE TERMS OF THIS CONTRACT WITH AN ATTORNEY OF YOUR CHOOSING.

In this contract, the term “Colleges” means Claremont McKenna College, Harvey Mudd College, and Scripps College, each a California non-profit corporation located in Claremont, California, and “CMS” means the Claremont-Mudd-Scripps Athletic Department, along with their trustees, officers, agents, staff, employees, successors, assigns, and legal representatives.

ASSUMPTION OF RISK
I acknowledge and understand that the Colleges and CMS provide me the opportunity to travel to and from CMS athletic events on transportation arranged for and provided by CMS (“Team Travel”). On (enter date of travel below) ASSUMPTION OF RISK
I acknowledge and understand that the Colleges and CMS provide me the opportunity to travel to and from CMS athletic events on transportation arranged for and provided by CMS (“Team Travel”). On (enter date of travel below) / MM / DD YYYY
I am voluntarily electing not to use Team Travel so that I can travel (TO/FROM, SELECT OPTION BELOW) a CMS athletic event on my own (“personal transportation option”) instead of with my team.

I understand and agree that the Colleges and CMS have not made, do not make, and cannot make any representations whatsoever regarding the suitability of my personal transportation option. I understand and acknowledge my duty to educate myself regarding the risks that my personal transportation option presents, including but not limited to: personal injury/death/property loss/delay of return to campus.

I am voluntarily electing not to use Team Travel so that I can travel (TO/FROM, SELECT OPTION BELOW) a CMS athletic event on my own (“personal transportation option”) instead of with my team.

I understand and agree that the Colleges and CMS have not made, do not make, and cannot make any representations whatsoever regarding the suitability of my personal transportation option. I understand and acknowledge my duty to educate myself regarding the risks that my personal transportation option presents, including but not limited to: personal injury/death/property loss/delay of return to campus. TO FROM
As consideration for the benefits I am to receive from using my personal transportation option, I ACKNOWLEDGE AND AGREE THAT I ASSUME ALL RISKS ASSOCIATED WITH MY PERSONAL TRANSPORTATION OPTION. I AM VOLUNTARILY USING MY PERSONAL TRANSPORTATION OPTION WITH THE KNOWLEDGE OF THE RISKS INVOLVED AND I HEREBY AGREE TO ACCEPT ANY AND ALL RISK OF INJURY, DEATH, EXPENSES, ACADEMIC INTERRUPTION, AND/OR PROPERTY DAMAGE WHETHER FORESEEN OR UNFORESEEN, KNOWN OR UNKNOWN.

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FULL AND GENERAL RELEASE – AGREEMENT NOT TO SUE
As consideration for being permitted to use my personal transportation option, I RELEASE THE COLLEGES AND CMS FROM ANY AND ALL CLAIMS related to any loss, injury or damage that may be sustained by me, including loss of life, personal injury, property damage, or other expenses WHETHER CAUSED BY THE NEGLIGENCE OF THE COLLEGES AND CMS OR OTHERWISE, or by my negligence in combination with that of the Colleges and CMS while I am using my personal transportation option.

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I AGREE THAT NEITHER I NOR MY LEGAL REPRESENTATIVES, including my family, spouse, heirs, assigns and personal representative, WILL SUE, MAKE A CLAIM AGAINST, OR ATTACH THE PROPERTY OF THE COLLEGES OR CMS FOR ANY INJURY OR DAMAGE TO MY PERSON OR PROPERTY ARISING OUT OF THE NEGLIGENCE OF THE COLLEGES AND CMS OR OTHERWISE, or arising out of my negligence in combination with that of the Colleges and CMS while I am using my personal transportation option.

Notwithstanding the foregoing release, nothing in this contract shall be interpreted to release the Colleges and CMS from liability for any acts or omissions by the Colleges and CMS which constitute gross negligence, willful and intentional wrongdoing, or criminal conduct.
I understand and agree that, except as excluded in the preceding paragraph, this release extends to all claims and demands referred to in this contract, of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, and that I expressly waive all rights under Section 1542 of the Civil Code of California.

Section 1542 of the Civil Code provides as follows:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

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Additional Provisions

I understand and agree that the Colleges and CMS do not stand in loco parentis (i.e., in place of my parent or parents) for purposes of my decision to use my personal transportation option. If I am under the age of eighteen (18) years at the time I sign this release, my parent(s) or legal guardian(s) must also execute this release.

Should any portion or clause of this release be found or declared by a court of competent jurisdiction to be unenforceable, unconstitutional, or otherwise invalid, such finding shall not affect the enforceability or validity of the remainder, and the unenforceable portion shall be severed from this document without affecting the validity of the remainder.
This release shall be governed and controlled by the laws of the State of California, and jurisdiction as to all matters under this release shall be vested solely in the Superior Court of Los Angeles County or the United States District Court in said county.

I HAVE CAREFULLY READ THIS ASSUMPTION OF RISK, GENERAL RELEASE, AND INDEMNITY AGREEMENT. I UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY WHEREBY I GIVE UP MY RIGHT TO SUE THE COLLEGES AND CMS (EXCEPT FOR ACTS OF GROSS NEGLIGENCE, WILLFUL WRONGDOING, OR CRIMINAL ACTS), INCLUDING MY RIGHT TO SUE THE COLLEGES AND CMS ON A NO-FAULT BASIS. I FURTHER AGREE TO INDEMNIFY (REIMBURSE) THE COLLEGES AND CMS FOR DAMAGES CAUSED BY MY NEGLIGENCE OR THE NEGLIGENCE OF THE COLLEGES AND CMS IF THOSE DAMAGES ARE RELATED TO MY PERSONAL TRANSPORTATION OPTION. IT IS MY INTENT TO ASSUME ALL RISKS AND TO WAIVE AND GIVE UP MY RIGHTS TO SUE. I DO SO KNOWINGLY AND VOLUNTARILY.
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Your legal name Your legal name First Last
Date of signing Date of signing / MM / DD YYYY
Your date of birth Your date of birth / MM / DD YYYY
If a minor, parent or guardian must sign below.

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Full Name

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Legal name of parent or guardian Legal name of parent or guardian First Last
Date of signing Date of signing / MM / DD YYYY
Your Email
Your Coach's Email (your coach will receive a copy of this form)

CMS Team Travel Waiver

CMS Team Travel Waiver

FULL AND GENERAL RELEASE – AGREEMENT NOT TO SUE