This is a legally binding agreement. Please read this entire document carefully.
By signing this agreement, you give up your right to bring a court action to recover damages or obtain any other remedy for any injury to yourself or your property including death, however caused, arising out of your participation in this New York Sea Grant event now or any time in the future.
WARNINGS: I am aware that this Long Island Sound Coastal Resilience Field Trip Tour (the “event”) event and some of its activities including the field trip bus tour and site walks, have inherent risks. Among these risks is the risk of injury from participation in physical activity including but not limited to: Slips, trips, and falls from traversing uneven terrain; Contact with physical objects such as sharp debris, tree limbs, rocks, rocks, and hooks; Contact with/being bitten or stung by animals such as insects, spiders, and reptiles; Insect-borne diseases; Water-borne diseases; Musculoskeletal injuries including broken bones, dislocations, sprains and strains; Bruises, cuts, and blisters to the face, body, and appendages; Extreme weather conditions, including sun, rain, snow, wind, and lightning; and dehydration.
AGREEMENT TO ASSUME RISKS: By signing below, I acknowledge and agree that these are inherent risks of the event and that I understand I will be exposed to each of these risks and other risks of injury or death by choosing to participate in this event’s activities. I acknowledge and agree that my participation is voluntary and that if I believe any activity is unsafe for any reason, including the degree of skill required and my proficiency with that skill, I will immediately discontinue my participation in the activity. I further acknowledge and agree that I am voluntarily assuming all the inherent risks of participation.
COVID- 19 Assumption of Risk, Waiver, and Release of Liability: I understand and acknowledge that COVID-19 is a global pandemic and a public health risk. I understand that the risk of becoming exposed to or infected by COVID-19 at Cornell University and New York Sea Grant's event may arise from the actions, omissions, or negligence of myself and/or others. I recognize that the University cannot limit all potential sources of COVID-19 infection. I knowingly and voluntarily assume all risks, including but not limited to, the risk of illness, death, bodily injury, disability, or exposure or infection with COVID-19, for myself, and my family. I fully understand the risks, I knowingly and voluntarily waive and release Cornell University trustees, officers, agents, volunteers, employees, students, and event partners (the “Released Parties”) from all present and future claims of any type, including negligence, for any harm or loss, including but not limited to, economic loss, personal injury, disease, death or property damage suffered by me or my family, as a result of my participation in a Cornell University program or activity. I agree to indemnify, hold harmless, and covenant not to sue the Released Parties for any personal injury, death, medical expenses, disability, loss of capacity, property damage, court costs, attorney’s fees, or other loss arising out of the coastal cleanup.
WAIVER OF CLAIMS: In consideration of the opportunity to participate in this event, which may include use of Cornell facilities, equipment, and property, use of event equipment, and travel associated with this event, I hereby waive all claims against Cornell University and New York Sea Grant, their respective officers, coaches, advisors, agents, volunteers, event partners, and employees (collectively, “Released Parties”) from any liabilities, damages, expenses, causes of action, claims, or demands of any nature whatsoever, including any claims of negligence, on account of personal injury, exposure to COVID-19, property damage, death, or accident of any kind related to my participation in this event, however caused, except in the event of gross negligence. I intend for this waiver to bind my family members, heirs, executors, administrators, representatives, and assigns, as well as myself.
I understand that neither Cornell University nor New York Sea Grant, provides any accident or medical insurance and that I am required to provide my own accident and medical insurance. I hereby agree that I am financially responsible for all such expenses. I understand New York Sea Grant does not carry radios or cell phones, and I may be far from medical facilities.
I understand that neither Cornell University nor New York Sea Grant, provides any private vehicle insurance and that I am required to provide my own private vehicle insurance should I elect to use my own vehicle for transportation to or from the event's activities. In the event of an accident or injury in my private vehicle or any other private vehicle in which I may ride to or from this event’s activity, I agree to the same terms outlined above.
I understand that all participants are subject to Cornell University regulations including the Campus Code of Conduct, New York Sea Grant policies, laws of the United States, and the laws of New York State. In the event of violation of these, or behavior that is considered by New York Sea Grant to be detrimental to me as a participant, other participants, or the event program, Cornell University/New York Sea Grant shall have the right to dismiss me from the event while retaining all payments.
This Waiver and Release of Claims shall be governed by the laws of the State of New York, without consideration of its conflicts of laws principles, and any dispute about the terms shall be brought in a court of competent jurisdiction in the State of New York with venue in Tompkins County.
I hereby certify that I am physically fit and able to participate in this activity.I certify that I am of lawful age and legally competent to sign this Waiver and Release of Claims. If a minor, I understand this form needs to be signed by my parent or legal guardian. I understand the terms herein are contractual.
PHOTO & VIDEO RELEASE: I understand that this is a public event in a public space where pictures and videos will be taken. I hereby grant New York Sea Grant and its event partners ("Released Parties") the right to record and use, to the extent that they desire, any recordings (including, but not limited to: visual images, graphics, videos, spoken word, vocal or instrumental music/sound effects) of myself and members of my family, or any activity in which I (or my establishment organization) have taken part on behalf of New York Sea Grant or its representatives. Recording methods and distribution media may include, but are not limited to: videotape, audiotape, motion picture film, still photographs (analog or digital), DVD, CD or web pages. I further understand that this authorization shall extend to their grantees, lessees or licensees in perpetuity.