Release of liability, promise not to sue, assumption of risk, and agreement to pay claims:
Activity: All activities of any kind occurring within the CAPS Wellness Room, and/or under its auspices, including but not limited to the use of the massage chairs, massage therapy, napping pods, yoga room, common area, and other facilities; participation in any personal training, private instruction, group instruction, program, or class; participation in any sports; and otherwise engaging in any supervised or unsupervised activity within the CAPS Wellness Room, any activity accessed through the CAPS Wellness Room, and/or any activity organized through the CAPS Wellness Room.
Activity Date(s) and Time(s): This is valid for the length of membership*.
Activity Location(s): The CAPS Wellness Room on the premises of the Titan Hall of California State University, Fullerton, and wherever else an Activity described above occurs.
In consideration for being allowed to enter the CAPS Wellness Room for any purpose, on behalf of myself and my next of kin, heirs and representatives, I release from all liability and promise not to sue the State of California; the Trustees of The California State University; California State University, Fullerton and their employees, officers, directors, volunteers and agents (collectively “University”) and the Associated Students California State University, Fullerton Inc. (ASI) and their employees, officers, directors, volunteers and agents (collectively “Auxiliary Organization”) from any and all claims including claims of the University’s or Auxiliary Organization’s negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss I may suffer because of my entering the CAPS Wellness Room, including travel to, from, and during my visit to the CAPS Wellness Room.
I certify that I have no undisclosed injuries, nor any undisclosed medical, physical, mental, or other condition that may affect my ability to safely participate in the Activity. If I cannot safely participate in the Activity without an accommodation, I will advise the staff in advance of my visit so that a reasonable accommodation, if any, may be found.
I am voluntarily entering the CAPS Wellness Room and/or participating in a CAPS Wellness Room activity. I am aware of the risks associated with traveling to/from and participating in this Activity, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence; conditions related to travel; or the condition of the CAPS Wellness Room and/or activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my presence in the CAPS Wellness Room and/or participation in CAPS Wellness Room activities, including travel to, from, and during my visit to the CAPS Wellness Room.
I agree to hold the University and Auxiliary Organization harmless from any and all claims, including attorney’s fees or damage to my personal property that may occur as a result of my presence in the CAPS Wellness Room and/or participation in CAPS Wellness Room activities, including travel to, from, and during my visit to the CAPS Wellness Room. If the University and/or the Auxiliary Organization incur any of these types of expenses, I agree to reimburse the University and/or the Auxiliary Organization. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
*This waiver is valid for one academic year (an academic year is considered fall and spring) regardless of active participation or inactive in CAPS Wellness Room program/events. You will be required to sign a new waiver at the start of the new academic year (fall). Any person who has a parent/guardian signed waiver on file who becomes an adult must sign a new waiver themselves once he/she turns 18 years of age.