Goshen College Roman Gingerich Recreation Fitness Center Waiver and Release Form
I enter into this Waiver and Release with Goshen College for the privilege to use the Recreation Fitness Center (RFC) facility located on campus at 1700 S Main St, Goshen, IN, and specifically to use the climbing silks as part of the activities of the Silks Club — a student club of the college.
Waiver and release of all claims (including negligence)
In consideration for use of the facility and the climbing silks, l waive and release Goshen College, its agents, servants, employees, insurers, successors and assigns from all claims, demands, causes of action, damages or suits at law and equity of whatsoever kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence at the facility or use of the facility and/or equipment. This waiver and release is intended to and does release Goshen College from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties and Goshen College’s negligence, including but not limited to negligence in the construction, maintenance and upkeep of the facility and its equipment, negligence in training or negligence in supervision. This is not intended to release Goshen College from any liability resulting from their intentional conduct.
I further covenant and agree not to institute any claims or legal action against Goshen College for any claim released by this Agreement. I further agree that should any claim be made against Goshen College in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnity (reimburse) Goshen College for any such claim and expenses including attorney's fees and costs incurred by Goshen College in defending themselves or security indemnity hereunder.
I recognize the facility is not supervised, and I use the facility (including premises and equipment) entirely at my own risk.