This is a legal and binding agreement which, when signed, will permanently limit your ability to recover from the parties indicated below for injuries or losses you may sustain as a result of participating in a Student Group, or using College Facilities or equipment, on or off campus.
The College named above is a non-profit educational institution. References to the College include the College, its trustees, employees, volunteers, students, Student Government Organizations and participating organizations, sponsors, agents and assigns.
I freely choose to participate in the Student Group named above and to use the College facilities and equipment, including without limitation, campus property or any other facility which it may own, rent, borrow, or otherwise use; transportation to programs via van, bus, car or other conveyance, and to participate in various indoor and outdoor recreational programs or activities which the College may directly sponsor, co-sponsor or arrange (henceforth collectively referred to as Group Activities).
I understand the College is not an agent of, and has no responsibility for, any third party including without limitation any sponsor or program that may provide any services, equipment, training or activities associated with Group Activities.
Participating in any activity is an acceptance of some risk of injury. I agree that my safety is primarily dependent upon my taking proper care of myself and avoiding any activity or behavior which would harm myself or others. I agree to observe the rules and practices that may be posted or advised by the College. I agree that if I fail to act in accordance with this agreement I may not be permitted to continue to participate in the activity.
Despite precautions, accidents and injuries can occur. I understand the activities I may undertake may be potentially dangerous and that I may be injured and/or lose or damage personal property or suffer financial loss as a result of use of the facilities, equipment or Group Activity participation. Therefore I ASSUME ALL RISKS RELATED TO THE ACTIVITIES including but not limited to:
I further acknowledge that the above list is not inclusive of all possible risks associated with Group Activities and that the above list in no way limits the extent or reach of this release and covenant not to sue. I understand that participating Student Group and use of facilities at the College is an acceptance of risk of injury.
Medical Treatment Authorization
I authorize the College to act on my behalf in any medical emergency. This authorization does not obligate the College to act in any way on my behalf.
Release from Liability, Indemnification Agreement and Covenant Not to Sue
In consideration of my use of the facilities, I the undersigned, to the fullest extent permitted by law, agree to forever release and on behalf of myself, my spouse, heirs, representatives, executors, administrators and assigns, hereby do forever release the College from any cause of action, claims, or demands of any nature whatsoever, including but not limited to a claim of negligence which I or my spouse, heirs, representatives, executors, administrators and assigns may now have, or have in the future against the College on account of personal injury, bodily injury, property damage, death or accident of any kind, arising out of or in any way related to my use of the facilities, equipment, or services in association with Group Activities howsoever the injury is caused, including whether by the ordinary negligence of the College or otherwise.
In consideration of my use of the facilities, I the undersigned, covenant not to sue and agree to indemnify and hold harmless the College from any and all causes of action, claims, demands, losses or costs of any nature whatsoever arising out of or in any way relating to my use of the facilities and my use of facilities, equipment, or services in association with Group Activities.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the Group Activities and that I am voluntarily assuming all risks, whether known or unknown, and that I am voluntarily participating in Group Activities.
I understand that I will be solely responsible for any loss or damage, including death, which I sustain or cause, whether in whole or in part, while participating in Group Activities, and that by this agreement I am relieving the Collegeof any and all liability for such loss, damage or death.
My signature below indicates that I have read and freely signed this agreement, which shall take effect as a sealed instrument. I further certify that I am legally competent to sign this agreement. I further understand that the terms of this agreement are legally binding and I certify that I am signing this agreement after having carefully read and understood the same, of my own free will. This agreement is made in sole consideration of the College permitting my use of the facilities and my use of facilities, equipment, or services associated with the Group Activities
This agreement shall be construed and enforced in accordance with Massachusetts’ law and I consent to the jurisdiction of said state. I expressly agree that this waiver and release is intended to be as broad and inclusive as permitted under Massachusetts’ law and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
The College is required to make the following information available to all students.
Hazing - Prohibition Statute of the Commonwealth of Massachusetts
G.L. CHAPTER 269, SEC. 17 - 19
AN ACT INCREASING THE PENALTIES FOR HAZING
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 17: Hazing; organizing or participating; hazing defined
Section 17. Whoever is a principal organizer or participant in the crime of hazing, as defined herein, shall be punished by a fine of not more than three thousand dollars or by imprisonment in a house of correction for not more than one year, or both such fine and imprisonment.
The term ''hazing'' as used in this section and in sections eighteen and nineteen, shall mean any conduct or method of initiation into any student organization, whether on public or private property, which wilfully or recklessly endangers the physical or mental health of any student or other person. Such conduct shall include whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced physical activity which is likely to adversely affect the physical health or safety of any such student or other person, or which subjects such student or other person to extreme mental stress, including extended deprivation of sleep or rest or extended isolation.
Notwithstanding any other provisions of this section to the contrary, consent shall not be available as a defense to any prosecution under this action.
Section 18: Failure to report hazing
Section 18. Whoever knows that another person is the victim of hazing as defined in section seventeen and is at the scene of such crime shall, to the extent that such person can do so without danger or peril to himself or others, report such crime to an appropriate law enforcement official as soon as reasonably practicable. Whoever fails to report such crime shall be punished by a fine of not more than one thousand dollars.
Section 19: Copy of Secs. 17 to 19; issuance to students and student groups, teams and organizations; report
Section 19. Each institution of secondary education and each public and private institution of post secondary education shall issue to every student group, student team or student organization which is part of such institution or is recognized by the institution or permitted by the institution to use its name or facilities or is known by the institution to exist as an unaffiliated student group, student team or student organization, a copy of this section and sections seventeen and eighteen; provided, however, that an institution's compliance with this section's requirements that an institution issue copies of this section and sections seventeen and eighteen to unaffiliated student groups, teams or organizations shall not constitute evidence of the institution's recognition or endorsement of said unaffiliated student groups, teams or organizations.
Each such group, team or organization shall distribute a copy of this section and sections seventeen and eighteen to each of its members, plebes, pledges or applicants for membership. It shall be the duty of each such group, team or organization, acting through its designated officer, to deliver annually, to the institution an attested acknowledgement stating that such group, team or organization has received a copy of this section and said sections seventeen and eighteen, that each of its members, plebes, pledges, or applicants has received a copy of sections seventeen and eighteen, and that such group, team or organization understands and agrees to comply with the provisions of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private institution of post secondary education shall, at least annually, before or at the start of enrollment, deliver to each person who enrolls as a full time student in such institution a copy of this section and sections seventeen and eighteen.
Each institution of secondary education and each public or private institution of post secondary education shall file, at least annually, a report with the board of higher education and in the case of secondary institutions, the board of education, certifying that such institution has complied with its responsibility to inform student groups, teams or organizations and to notify each full time student enrolled by it of the provisions of this section and sections seventeen and eighteen and also certifying that said institution has adopted a disciplinary policy with regard to the organizers and participants of hazing, and that such policy has been set forth with appropriate emphasis in the student handbook or similar means of communicating the institution's policies to its students. The board of higher education and, in the case of secondary institutions, the board of education shall promulgate regulations governing the content and frequency of such reports, and shall forthwith report to the attorney general any such institution which fails to make such report.
Amended December 1987