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APPENDIX A: WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION
AGREEMENT FOR USE OF COLORADO SCHOOL OF MINES STUDENT RECREATION
CENTERS
1. Residents who wish to access and use the workout facility in the 1750 Jackson Residential
Community or the Traditional Hall (hereinafter “Facility”) facilities, activities, and programs agree to
and understand the provisions below.
2. In consideration of being permitted to access and use the Facility, residents, for themselves and on
behalf of their heirs, personal representatives and assigns, do hereby RELEASE, WAIVE,
DISCHARGE, AND COVENANT NOT TO SUE the Colorado School of Mines, and its Board of
Trustees, officers, employees, agents, and representatives, from any and all liability for any and all
damages, losses or injuries to persons or property, which arise out of, occur during or result from use
of the Facility.
3. To the best of their knowledge, residents are expected to be aware of any physical disability or
health-related reasons or problems that would preclude or restrict use of the Facility. Residents who
use the facility are fully aware of the risks and hazards associated with participating in recreation and
exercise activities, and understand that certain, inherent risks cannot be eliminated regardless of the
care taken to avoid injuries. Residents who use the facility understand that specific risks vary
depending on the level and nature of the activity, and can range from minor personal injuries such as
scratches, bruises, and sprains, to major injuries such as eye injuries, back or joint injuries, and
injuries resulting from falls, or catastrophic injuries resulting in paralysis or death. Residents who use
the facility understand that use of the Facility is purely voluntary, and notwithstanding the risk of injury
to my person or property, Residents who elect to use the Facility, and VOLUNTARILY ASSUME FULL
RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE, AND PERSONAL INJURY,
INCLUDING DEATH, that may be sustained by them as a result of my use of the Facility and
participation in Facility activities and programs.
4. Residents who use the facility must have sufficient health insurance coverage to provide for and
pay any medical expenses that may directly or indirectly result from my use of Facility and/or
participation in Facility activities and programs. Residents who use the facility understand that the
Colorado School of Mines does not take responsibility for the payment of any such medical expenses.
5. Residents who use the facility agree to INDEMNIFY AND HOLD HARMLESS the Colorado School
of Mines, its Board of Trustees, officers, employees, agents, and representatives from any and all
claims, actions, costs, expenses, damages and liabilities, including attorney’s fees, that may be
incurred as a result of use of the Facility and/or participation in Facility activities and programs.
6. Residents who use the facility understand that this Agreement is intended to be as broad and
inclusive as is permitted by the law of the State of Colorado, and that if any portion hereof is held
invalid, it is agreed that the remaining terms shall continue in full legal force and effect.
7. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental
immunity that may be available to the State of Colorado, Colorado School of Mines, its Board of
Trustees, officers, employees, agents and representatives under the Colorado Governmental
Immunity Act, Colorado Revised Statutes § 24-10-101, et seq.
8. Residents who use the facility understand that use of the Facility is limited to a maximum of one
hour and they are not allowed to grant Facility access to anyone. Residents understand that they are
responsible for cleaning the exercise equipment before and after each use. Failure to do so within the
assigned time frame may result in loss of privileges.