2. I hereby waive and forever release all claims
and causes of action against SA, the SA clubs, the State University of New York
at Buffalo, and each of their respective officers, directors, agents,
volunteers and employees (collectively, the “Released Parties”), which arise
out of or relate to my participation in the Activity, including but not limited
to all claims and causes of action that arise out of or relate to the
negligence of any of the Released Parties.
3. I hereby consent to first aid and emergency
medical care, including but not limited to admission to a hospital and
transportation thereto, should I sustain an injury while participating in the
Activity. I shall not hold any of the Released Parties responsible for any
costs I may incur as a result of first aid or medical care.
4. I know of no reason, medical or otherwise, that
would prevent me from safely participating in the Activity.
5. While participating in the Activity, I shall
behave in a safe and prudent manner at all times. I will follow the rules of SA
and the State University of New York at Buffalo (“UB”), and the reasonable
instructions of SA staff and UB staff. Further, I will obey all applicable laws
and other rules. Without limitation, I understand that if I do not follow these
laws, rules, or instructions, I may be disqualified from the Activity.
6. I hereby authorize each of the Released Parties
to disclose to any person or entity or to otherwise make public my name, my UB
email address, and my participation in the Activity. I also grant permission to
SA to photograph me and to make recordings of any format or type of me (including
but not limited to of my portrait, picture, likeness, or voice) in connection
with my participation in the Activity. I grant SA permission to edit,
copyright, and use the same in any manner, without payment to me, with or
without my name, and for any lawful purpose, including but not limited to
purposes such as publicity, advertising, and web content. I grant and convey to
SA all right, title, and interest in all such photographs and recordings.
7. This agreement shall bind me, my heirs, estate,
executors, administrators, and assigns. This agreement and its subject matter shall
be governed by the laws of the State of New York, without regard to conflict of
laws principles. The sole and exclusive proper venue for any dispute arising
out of or relating to this agreement, this agreement’s subject matter, or the
Activity shall be a court of competent jurisdiction located in Erie County, New
York. If any term of this agreement is to any extent invalid or unenforceable,
such term shall be excluded to the extent of such invalidity or
unenforceability only, the rest of this agreement shall remain in full force
and effect, and to the extent possible the invalid or unenforceable term shall
be deemed replaced by a term that is valid and enforceable and that comes
closest to expressing the intention of such invalid or unenforceable term. In
entering into this agreement, I have not relied upon any oral or written
representations other than what is set forth in this agreement.
8. Without limitation, references in this agreement
to the “Activity” shall be deemed to also include travel to, from and during
the Activity.
I acknowledge that I have read this agreement in its
entirety and that I fully understand and consent to its terms.