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Division: Legal Affairs
Classification: GOVERNANCE & LEGAL
Contact Phone Number: 503-838-8809
Contact Email Address: firstname.lastname@example.org
|Use of Liability Waivers|
|RESPONSIBLE OFFICER||UNIVERSITY CONTACT|
|Vice President and General Counsel||Office of the General Counsel|
To inform students and student groups of their responsibility when engaging in activities and events which pose a higher risk of injury or accident. This policy will also allow emergency contact and medical information to be kept on file for students.
|Students and student groups.|
Vice President for Student Affairs:
|FULL STATEMENT OF AUTHORITY|
It is the policy of Western Oregon University to ensure students and student groups are aware of activities and events that pose a higher risk of injury or accident. With this policy, students are able to make informed choices and are made clear of their responsibility should there be an injury or accident.
1. Prior to the start of any activity deemed higher risk of injury or accident by university personnel, each student involved in the activity or event will sign a liability waiver provided by the sponsoring department. Examples of higher risk activities and events may include, but are not limited to: intramural sports and activities, outdoor programs and activities, sport clubs, volunteer activities, student travel, WOU Mania, Sun Fest, Health and Wellness Center activities, etc.
2. The liability waiver will remain active and on file for the event or activity. Once the activity or event has ended, the liability waiver will be archived according to state records retention requirements.
3. A student will have to sign a waiver each academic year for reoccurring events or activities such as sport clubs, etc.
4. If a student does not sign a liability waiver, the student will not be able to participate in that event or activity until a liability waiver is completed. In the case of a student group, the group will not be recognized as a Western Oregon University sponsored or associated group if members are allowed to participate who have not signed a liability waiver form.
5. Each student will also sign a liability waiver form when traveling on university business whether the student is traveling in a personal or university vehicle, AND whether the student is using personal or university funds.
Students participating in a University sponsored activity or event agree to abide by the following rules:
a) Follow safety and other instructions provided by the faculty or staff advisor, or other university representatives.
b) Share responsibility for personal safety and not endanger others who are participating in the event or activity.
c) If a participant’s failure to act safely at all times results in injuries, the participant may forfeit their right to participate in the activity or event.
d) Immediately report all unsafe acts and dangerous conditions to the faculty or staff advisor or the person(s) in charge of the activity/event. If conditions for the event or activity are not safe, do not participate or continue with the event or activity.
e) Operate a State of Oregon motor vehicle only with a WOU authorization obtained in advance.
f) Each participant understands that participation in this activity is voluntary and that failure to comply with the waiver or in any way bring discredit to the university or participants will terminate their participation.
g) In case of emergency, accident or illness, each participant gives permission to be treated by a professional medical person and admitted to a hospital if necessary. Each participant agrees to be responsible for all medical expenses that are incurred on their behalf.
h) The Oregon Tort Claims Act (ORS 30.260 to 30.300) permits Western Oregon University to accept responsibility only for the acts of its officers, employees and/or agents. Western Oregon University is prohibited from accepting any liability for the acts, omissions and conduct of persons participating in activities. The student shall indemnify, defend and hold harmless the State, Western Oregon University, its officers, agents and employees from all claims, suits or actions of any nature arising out of the student’s participation in the planned event or activity, other than negligent acts of Western Oregon University, its officers, employees and/or agents.
i) Any variation to the above agreement of this policy is understood to be the sole responsibility of the individual involved.
|REFERENCED OR RELATED POLICIES|
|RELEVANT DOCUMENTS AND LINKS|
LAST UPDATED: 08/11/2016
HISTORICAL DETAIL NOTES:
SOURCE: Previously Referred to as: PRE-VPSA-007
|FOR POLICY WEBSITE INPUT (public audience keyword search)|
|risk of injury, liability, waivers|