Waiver, Indemnification, And Medical Treatment Authorization Form

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WAIVER, INDEMNIFICATION, AND MEDICAL TREATMENT
AUTHORIZATION FORM
1. EXCULPATORY CLAUSE. In consideration for receiving permission to participate in any and all
activities
of
______________________________
(“activity”),
which
is
sponsored
by
______________________________ (“sponsor”), a member of The Texas A&M University System, I hereby
release, waive, covenant not to sue, and agree to hold harmless for any and all purposes sponsor, The Texas
A&M University System, the Board of Regents for The Texas A&M University System, and their members,
officers, agents, volunteers, or employees (“RELEASEES” or “INDEMNITEES”) from any and all liabilities,
claims, demands, injuries (including death), or damages, including court costs and attorney’s fees and
expenses, that may be sustained by me while participating in this activity, while traveling to and from the
activity, or while on the premises owned, leased, or controlled by RELEASEES, including injuries sustained
as a result of the sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict
liability of RELEASEES. I understand this waiver does not apply to injuries caused by intentional or grossly
negligent conduct.
2. INDEMNITY CLAUSE. I am fully aware that there are inherent risks to myself and others involved
with this activity, including but not limited to ____________________________________________________,
and I choose to voluntarily participate in this activity with full knowledge that the activity may be hazardous to
me and my property, and to the person and property of others. I acknowledge there may be physically
strenuous activities. I know of no medical reason why I should not participate. I agree to indemnify and
hold harmless INDEMNITEES from any and all liabilities, claims, demands, injuries (including death), or
damages, including court costs and attorney’s fees and expenses, which may occur to myself, other
participants, and third-persons as a result of my participation and conduct in this activity, including injuries
sustained as a result of the sole, joint, or concurrent negligence, negligence per se, statutory fault, or
strict liability of INDEMNITEES.
3. NO INSURANCE. I understand that RELEASEES do not maintain any insurance policy covering
any circumstance arising from my participation in this activity or any event related to that participation. As
such, I am aware that I should review my personal insurance coverage. Sponsor does not carry general
liability insurance to cover claims arising from this activity so it seeks a waiver of claims as additional
consideration for the right to participate so sponsor, a governmental unit of the State of Texas, can (a) provide
the activity at the lowest possible cost to participants; and (b) provide access to a greater number of
participants by expending limited resources on program materials rather than on liability insurance.
4. BINDS HEIRS. It is my express intent that this agreement shall bind the members of my family
and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be
governed by the laws of the State of Texas.
5.
MEDICAL AUTHORIZATION, INDEMNITY FOR MEDICAL EXPENSES, and WAIVER. I
understand RELEASEES cannot be expected to control all of the risks associated with this activity and
RELEASEES may need to respond to accidents and potential emergency situations. Therefore, I hereby give
my consent for any medical treatment that may be required, as determined by a medical professional at the
medical facility, during my participation in this activity with the understanding that the cost of any such
treatment will be my responsibility. I agree to indemnify and hold harmless INDEMNITEES for any costs
incurred to treat me, even if an INDEMNITEE has signed hospital documentation promising to pay for the
treatment due to my inability to sign the documentation. I further agree to release, waive, covenant not to sue,
and agree to hold harmless for any and all purposes, RELEASEES from any and all liabilities, claims,
demands, injuries (including death), or damages, including court costs and attorney’s fees and expenses, that
may be sustained by me while receiving medical care or in deciding to seek medical care, including while
traveling to and from a medical care facility, including injuries sustained as a result of the sole, joint, or
concurrent negligence, negligence per se, statutory fault, or strict liability of RELEASEES.
I
understand this waiver does not apply to injuries caused by intentional or grossly negligent conduct.
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