Terms & Conditions
COLLEGE OF THE HOLY CROSS - WAIVER AND ASSUMPTION OF RISK
Participant, signed below, has voluntarily chosen to participate in the 2024 Holy Cross Dance Marathon (“Program)
located on and sponsored by the College of the Holy Cross (herein “College”). It is Participant’s intention that this
Assumption of Risk and Waiver (herein “Agreement”) shall be legally binding to Participant AND Participant’s heirs,
representatives, and assigns.
Assumption of Risk: This Program takes place on the College campus, where Participant might encounter hazards
particular to this environment and activity, which may include, but are not limited to: falling; collisions; slipping;
tripping; sprains & fractures; head injuries; lacerations; Participant’s improper and/or others’ improper use of
equipment; exertion; stress; and other risks. Participant is solely responsible for evaluating whether s/he has the
appropriate level of physical, medical and mental health required to take part in the Program. Participant is solely
responsible for the procurement of appropriate and adequate travel and medical insurance, in light of Participant’s
own needs and risk tolerance. Participant freely and knowingly accepts all risks associated with the Program and
agrees that s/he is solely responsible for researching and evaluating these and other risks related to the Program.
Release of Claims: Participant understands and agrees that the College assumes no responsibility for any injury,
damage or liability that may be caused by Participant’s negligent or reckless acts or omissions or the negligent or
reckless acts or omissions of others, including, but not limited to, other participants or third parties. Participant
hereby releases and holds harmless the College, and each of its trustees, employees, representatives, and agents
from any and all costs, damages, liabilities, injuries, claims, demands, suits, proceedings, actions, and
investigations, including all losses, liabilities, expenses (including reasonable attorneys’ fees) from any and all costs,
damages, liabilities, injuries, claims, demands, suits, proceedings, actions, and investigations, including all losses,
liabilities, expenses (including reasonable attorneys’ fees), caused by, arising out of or which relate in any way to
Participant’s acts and omissions, and well as the acts, omissions or fault of others, including but not limited to,
other participants or third parties.
Indemnification: Participant hereby agrees to hold harmless, defend, and indemnify College and each of its
trustees, employees, representatives, and agents from any and all costs, damages, liabilities, injuries, claims,
demands, suits, proceedings, actions, and investigations, including all losses, liabilities, expenses (including
reasonable attorneys’ fees) from any and all costs, damages, liabilities, injuries, claims, demands, suits,
proceedings, actions, and investigations, including all losses, liabilities, expenses (including reasonable attorneys’
fees), arising out of Participant’s participation in the Program.
General Provisions: In case any provision of the Agreement shall be invalid, illegal, or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The
Agreement shall be construed in accordance with and governed by the laws of Massachusetts as though made and
fully performed in Massachusetts (without giving effect to any conflicts or choice of laws provisions thereof). The
Agreement encompasses the entire Agreement of the parties with respect to its subject matter and there are no
other Agreements or understandings, either written or oral, with respect thereto. The Agreement may not be
modified, amended, or waived unless in a written instrument signed by both parties. No modification of or
addition to the Agreement shall be effected by any failure of any party to reject any form of acknowledgement or
other communications containing different or additional provisions.
By signing below, Participant confirms that he/she has read this Assumption of Risk and Waiver, understands its
meaning and effect, and agrees to be bound by its terms.
