ASSUMPTION OF RISK, AND RELEASE OF LIABILITY
Miami University has contracted with Galaxy Digital to provide students, faculty, and staff access to the ComMUnity Connect platform as a software as a service. The volunteer activities that appear on the ComMUnity Connect platform have been created and provided by outside organizations, and are provided to students, faculty, and staff as a free service solely for their convenience. Each user of the ComMUnity Connect platform should read the following information carefully:
Assumption of Risk
THE VOLUNTEER ACTIVITIES THAT APPEAR ON THE COMMUNITY CONNECT PLATFORM HAVE NOT BEEN REVIEWED BY MIAMI UNIVERSITY FOR ACCURACY OR SAFETY. THE FACT THAT AN ACTIVITY IS LISTED ON THIS WEBSITE DOES NOT MEAN MIAMI UNIVERSITY HAS INVESTIGATED OR THAT IT ENDORSES OR APPROVES OF THE ACTIVITY OR THE SPONSOR AND IS ALSO NOT A WARRANTY OR GUARANTEE BY MIAMI UNIVERSITY THAT THE ACTIVITY IS SAFE OR OTHERWISE SUITABLE FOR EVERY VOLUNTEER. USERS OF THIS SITE ARE SOLELY RESPONSIBLE FOR INVESTIGATING AND ASSESSING WHETHER AN ACTIVITY IS SUITABLE AFTER TAKING INTO CONSIDERATION THEIR INDIVIDUAL CAPACITY TO ENGAGE IN THE ACTIVITY AS WELL AS THE RISKS AND BENEFITS INVOLVED. ALL PROSPECTIVE VOLUNTEERS ARE ENCOURAGED TO EXERCISE COMMON SENSE AND GOOD JUDGMENT WHEN EVALUATING PROSPECTIVE VOLUNTEER OPPORTUNITIES.
Release of Liability
I hereby acknowledge that Miami University is providing me with the opportunity to participate in volunteer services through the ComMUnity Connect platform (individually and collectively, the “Volunteer Activities”). As used in this Release, Assumption of Risk, and Waiver of Liability (this “Release”), the term Volunteer Activities includes all travel to and from the Volunteer Activities. In consideration for allowing me to participate in the Volunteer Activities, I knowingly and voluntarily acknowledge and understand: (1) that my participation in the Volunteer Activities is entirely voluntary; (2) that there are risks and hazards which may arise from my participation in the Volunteer Activities, and that such risks and hazards may result in injury (serious and minor), loss of life, or loss of property; and (3) Miami University has not vetted or otherwise reviewed any of the Volunteer Activities, and that I am assuming the risk of participating in such Volunteer Activities.
On behalf of myself and my heirs, next of kin, successors, executors, administrators, and assigns (collectively, the “Releasing Parties”), I knowingly and voluntarily assume all risks associated with my participation in the Volunteer Activities, and I hereby release Miami University, its trustees, officers, employees, volunteers, agents, and contractors (collectively, the “Miami Parties”) from any and all responsibility or liability for personal injury, emotional injury, death, or property damage sustained by me during or because of my participation in the Volunteer Activities, even if caused by the negligence of the Miami Parties. I agree, for myself and the Releasing Parties, to release and hold harmless the Miami Parties from any present or future claims for personal injury, emotional injury, death or property damage arising directly or indirectly from my participation in the Volunteer Activities, to the fullest extent permitted under law, including allegations or claims of negligence on the part of the Miami Parties; provided, however, that this Release does not apply to acts of gross negligence, willful or wanton conduct, or intentional conduct.
This Release is governed by the laws of the State of Ohio, and any cause of action relating to or arising under this Release is subject to the exclusive jurisdiction of the courts of competent jurisdiction located in the State of Ohio. Nothing in this Release shall be construed as a waiver of the sovereign immunity of Miami University and/or the State of Ohio beyond the waiver provided in Ohio Revised Code 2743.02. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction.
BY USING THE COMMUNITY CONNECT PLATFORM I UNDERSTAND AND AGREE THAT BY I WILL WAIVE AND FOREVER RELINQUISH ANY AND ALL CLAIMS THAT I MAY HAVE OR THAT THE RELEASING PARTIES MAY HAVE, WHETHER KNOWN OR UNKNOWN, AND WHETHER ANTICIPATED OR UNANTICIPATED, AGAINST THE MIAMI PARTIES ARISING OUT OF MY PARTICIPATION IN THE VOLUNTEER SERVICES.
