NORTH CAROLINA ASSOCIATION OF COLLEGES AND EMPLOYERS (NCACE) RELEASE AND HOLD HARMLESS AGREEMENT AND CONDITIONS OF PROGRAM PARTICIPATION
THIS IS A LEGAL DOCUMENT, WHICH INCLUDES A RELEASE OF POTENTIAL LIABILITY. READ CAREFULLY BEFORE AGREEMENT IN AN EVENT REGISTRATION.
1. The term “activity” referenced above includes the event, travel to and return from the venues of the event, and any occurrence or activity associated with the event. I understand and accept that the activity noted above may expose me to reasonably anticipated and unknown risks. Some of the risks that may occur include, but are not limited to, hazards associated with:
-traveling by land, sea, or air;-unfamiliar environments
-changes from my normal level of activity;-seeking or obtaining medical treatment or advice
-changes in my diet;-theft of or damage to personal property while traveling.
2.I hereby assume all risks, both reasonably anticipated and unknown, associated with this activity. I understand that NCACE is notresponsible for any and all loss or damage to property or to me physically or psychologically or emotionally that I may experiencewhen I am participating in the activity and that NCACE cannot and does not guarantee my physical, psychological, or emotionalwell being or safety. I further acknowledge and agree that I am solely responsible for my own equipment, supplies, personalproperty, and effects during the course of the activity.
3.I am aware of the physical, psychological, and emotional demands of the activity, that I have been encouraged to ask anyquestions that I have about the activity, and that I have no additional questions. I further understand that my participation in thisactivity is completely voluntary and may subject me to unusual physical exertion, and psychological or emotional stress. I herebyrepresent and state that I am physically, psychologically, and emotionally healthy enough to participate in the activity and able tosustain any exertion and stress, physically, psychologically, or emotionally, that I may experience by participation in the activity. Iunderstand that NCACE relies on this representation by me to permit my participation in the activity
4.I acknowledge that I am not an employee of NCACE in any capacity, and I freely choose to participate in this activity.
5.IN CONSIDERATION FOR THE OPPORTUNITY TO PARTICIPATE IN THIS PROGRAM, I HAVE AND DO HEREBY RELEASEAND DO AND WILL HOLD HARMLESS NCACE AND ALL OF ITS OFFICERS, AGENTS, AND REPRESENTATIVES FROM ANYAND ALL LIABILITY, ACTIONS, CAUSES OF ACTION, CLAIMS AND DEMANDS OF EVERY KIND AND NATUREWHATSOEVER, AND SPECIFICALLY INCLUDING ANY CLAIM FOR NEGLIGENCE OR NEGLIGENT ACTS, WHICH I NOWHAVE OR WHICH MAY ARISE OUT OF OR IN CONNECTION WITH MY PARTICIPATION IN THIS ACTIVITY. THE TERMSHEREOF SHALL SERVE AS A RELEASE, INDEMNIFICATION, AND ASSUMPTION OF RISK FOR MYSELF AND MY HEIRS,EXECUTORS, AND ADMINISTRATORS AND FOR ALL MEMBERS OF MY FAMILY.
6.I UNDERSTAND THAT I AM FULLY AND EXCLUSIVELY RESPONSIBLE FOR MY OWN BEHAVIOR DURING MYPARTICIPATION IN THE ACTIVITY AND DO AND WILL HOLD HARMLESS NCACE FOR ANY AND ALL THIRD PARTYCLAIMED CAUSES OF ACTION, THREATENED OR INITIATED, AGAINST NCACE BECAUSE OF MY NEGLIGENCE ORMISCONDUCT WHILE PARTICIPATING IN THE ACTIVITY. I UNDERSTAND THAT IF MY CONDUCT DURING THE ACTIVITYCONSTITUTES A HAZARD OR IS OFFENSIVE TO OTHER PARTICIPANTS OF THE ACTIVITY OR TO THE AGENTS ORREPRESENTATIVES OF NCACE, REPRESENTATIVES OR AGENTS OF NCACE MAY TAKE APPROPRIATE ACTION ASTHEY DETERMINE IN THEIR SOLE DISCRETION, PARTICIPATION IN THE ACTIVITY AND FORFEITURE OF ANY FEESPAID.
7.In the event that NCACE or its agents advance or lend any monies to me or incur special expense on my behalf while I amparticipating in this activity, I agree to make repayment within 30 days of my return from the activity.
8.I understand that if I do not participate in the activity, for any reason, after having paid any required fees to NCACE or a third party,NCACE is not required to refund fees paid or to be paid as a result of my commitment to participate in the activity and, thereby,incurring financial liability, and any questions I have had have been answered to my satisfaction.
9.I agree to participate fully in all required orientation sessions, lectures, discussions, field studies, and other activities, which are arequired part of the activity, and my failure to do so may, at NCACE’s sole discretion, result in my disqualification to participate inthe activity and forfeiture of any fees that I have paid or that I am obligated to pay.
10.I UNDERSTAND THAT THIS RELEASE AND HOLD HARMLESS AGREEMENT IS A LEGAL DOCUMENT THAT AFFECTS MYRIGHTS. I HAVE HAD AN ADEQUATE OPPORTUNITY TO READ AND UNDERSTAND THIS DOCUMENT AND ALL OF ITSPROVISIONS AND TO ASK ANY QUESTIONS THAT I HAVE. I UNDERSTAND THAT I CAN HAVE LEGAL COUNSEL OF MYCHOOSING REVIEW THIS DOCUMENT AND ADVISE ME OF ITS PROVISIONS AND CONSEQUENCES. I ACKNOWLEDGEAND REPRESENT THAT I HAVE HAD SUFFICIENT TIME TO CONSULT LEGAL COUNSEL OF MY CHOOSING, AND THAT ISIGN THIS DOCUMENT BECAUSE I WANT TO SIGN IT, EXERCISING MY FREE WILL, AND I DESIRE TO PARTICIPATE INTHE ACTIVITY.