University at Buffalo competition participations, performance trips, field trips, conducted tours and various non-conducted student/community member activities (sometimes organized by private individuals and external entities as well as student/community member organizations and their leaders) are often an aspect in University at Buffalo multi-faceted programs. Opportunities for travel and participation in student/community member activities are plentiful and University at Buffalo does not wish to discourage participants from taking reasonable advantage of them. The terms of this Assumption of Risks and Liability Release Agreement (hereafter “Agreement”) are nonetheless required as a condition of participation in the travel and/or activity Program. This Agreement shall be construed in accordance with and governed by the applicable laws of the State of New York.
Where applicable, the University’s trip conductor will endeavor to exercise reasonable care to assist Participants as circumstances permit. No travel outside of the scope of the University Program is permissible without the permission of the trip conductor. It is required that Participants, who have permission to leave their Program area, report their travel plans in writing to the trip conductor before departure. This is so Participants can be reached in case of an emergency. It is understood and agreed that should the Participant voluntarily elect or insist to remain at the location of the Program or elsewhere after or before participation in the Program, University at Buffalo will cease to act as a sponsor for the Participant. Should the Participant drop out of the Program, University at Buffalo will cease to act as sponsor for the Participant thereafter.
While the Program staff/advisor(s) may assist Participants in making travel arrangements, neither University at Buffalo, its Board of Trustees, the State of New York, their respective officers, employees, or agents, nor any University at Buffalo department, administrative unit, cooperating student/community member organization or other educational institution associated with the Program can guarantee or assume any legal or financial responsibility for difficulties or losses associated with travel or the activities related to the Program beyond their immediate control. It is understood and agreed that all Participants are considered adults and are expected to take responsibility for their actions while taking part in the Program. As adults, any activities that a Participant takes part in, whether as part of the Program or separate from the Program, will be considered to have been done upon their adequate research about material facts and with their informed approval and understanding of any and all reasonably foreseeable risks that may be involved in the Program. Any Participants actually under 18 and/or considered dependents of their parents or guardians are responsible for giving all background or other relevant information about the Program to their parents or guardians to assure their being informed of relevant facts.
Special Medical Insurance Note: Participants must arrange their own personal medical care insurance to cover potential risks associated with their participation in the Program. This insurance must cover medical events in the United States as well as internationally if the program occurs partly in another country. University at Buffalo does not provide commercial medical expense coverage except through the terms and conditions of the student/community member health insurance program.
ASSUMPTION OF RISK: I acknowledge the University is an element of New York State government and it undertakes no direct legal or financial responsibility for my personal safety or well-being when I am traveling or participating in student/community member activities during the course of University programs whether for academic credit or not. In the absence of gross negligence, I hereby agree to assume those risks in this Program or Activity and related endeavors that may cause me personal property damage or loss, personal medical or hospital costs, personal illness or bodily injury, including pain and suffering, emotional distress, or death, future economic impairment and other consequential losses that may arise during and/or as a result of my participation in this Program or Activity.
RELEASE OF LIABILITY: In the absence of gross negligence, in consideration of University at Buffalo’s accepting Participant into the Program or Activity, Participant, his/her heirs, executors, administrators, employers, agents, representatives, insurers, and attorneys, hereby release and discharge University at Buffalo, its Board of Trustees, any University at Buffalo department, administrative unit, cooperating student/community member organization or external educational institution and their respective officers, employees, members, volunteers and agents from any and all claims and causes of action for my personal property damage or loss, personal medical or hospital costs, personal illness or bodily injury, including pain and suffering, emotional distress, or death, personal economic impairment, and other consequential losses that may arise during and/or as a result of my participation in the Program or Activity conducted by or under the control of a unit of University at Buffalo or cooperating student/community member organization or external educational institution in which I may participate under this Assumption of Risks and Liability Release Agreement.
Severability: It is understood and agreed that, if any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or applications. To this end, the provisions of this Release of Liability are declared severable.
Construction and Scope of Agreement: The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. This document is the only, sole, entire, and complete agreement of the parties relating in any way to the subject matter hereof. No statements, promises, or representations have been made by any party to any other, or relied upon, and no consideration has been offered or promised, other than as may be expressly provided herein. This Agreement supersedes any earlier written or oral understandings or agreements between the parties. Student/staff/community member acknowledges that she/he has read this Assumption of Risk and Liability Release Agreement and that she/he understands its meaning and effect.
Visual and Audio Documentation: I give permission, without further obligation, for the Buffalo Outdoor Pursuits – Student Life, and/or University at Buffalo to make use of my name and any photo, audio, or video taken of me in any and all marketing and promotional materials. Promotional and marketing items may include but are not limited to websites managed under University at Buffalo, printed and published promotional materials for the, and/or Buffalo Outdoor Pursuits – Student Life, University at Buffalo including the Buffalo Outdoor Pursuits brochure/catalog, promotional flyers and posters, and audio/video presentations including, but not limited to PowerPoint presentations, online promotional shows, and slides. The permission that is granted is limited to the above stated event only.