Assumption of Risk

This Acknowledgement and Assumption of Risk contains terms and conditions applicable to the High Point University (“HPU” or the “University”) Service Learning Program and is designed to protect HPU and its officers, directors, employees, agents, and representatives from liability associated with service learning experiences and to enable students and parents to make an informed decision to participate in an HPU-sponsored service learning program. HPU makes every effort to ensure the safety and well-being of students participating in the programs we sponsor. However, in any off-campus study experience, there are risks due to factors beyond the control of the University. HPU requires participants and their parents, if the participants are under 18 years of age, to acknowledge that the University cannot assume responsibility for such risks.

I understand and hereby agree as follows:

1. Voluntary Participation. I understand that participation in this off-campus service learning program is voluntary and not required by HPU. I want to participate in this program, despite the risks described herein. I have made my own investigation and willingly accept any risks associated with this program.

2. Risks of Off-Site Service and Service Learning. I understand that off-site service learning and service programs involve risks not found in study on HPU’s campus. These include, among other risks, risks involved in or resulting from traveling to and from Service Site(s), the acts of others, the use of the Service Site or its equipment, the Service activity itself, and other matters which could result in property damage, serious illness, injury or even death. I am fully aware that there may be risks and hazards unknown to me and not described herein or in any program literature connected to the participation in this program.

3. COVID-19. I understand and acknowledge that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and the CDC. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating in these activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

I understand and acknowledge that protection against COVID-19 infection is a shared responsibility. I agree to follow the health and safety rules of both the University and any Service Site to which I am assigned. These health and safety rules may include, but are not limited to, wearing a facial covering and appropriate personal protective equipment (PPE), periodic temperature checks, providing an assessment of my daily health that may include providing information on possible exposures to coronavirus, practicing appropriate social distancing, cooperating with any changes made to the health and safety rules, and adopting good hygiene practices and cleaning protocols. I understand that even with all appropriate protocols, there is no guarantee that I will not be exposed to COVID-19 at a Service Site.

4. Volunteer. I agree to perform services during this program strictly as a volunteer in connection with my academic program. I will not present myself as or claim to be acting in the capacity of an officer, employee, or servant of the University and will not make any claim, demand, or application for any right or privilege which might be claimed, demanded, or applied for by a person employed by the University, including, without limitation, workers’ compensation, unemployment insurance, social security, salary, bonuses, retirement, or any like employment benefit under applicable law or custom.

5. Release of Liability and Indemnification. Knowing the risks described above, and in consideration of being permitted to participate in a service learning program, I agree, on behalf of my family, heirs, and personal representative(s), to assume all the risks and responsibilities surrounding my participation in such programs. To the maximum extent permitted by law, I release and agree to indemnify and hold harmless High Point University and its trustees, directors, officers, employees, agents, representatives, and affiliates, from and against any and all present or future claims, demands, actions, liabilities, losses, damages, costs, and expenses (including attorneys’ fees and expenses) for death or injury to person or property which I may suffer, or for which I may be liable to any other person, during my participation in a service learning program (including periods in transit to or from any site where such a program is being conducted). I understand that this release covers liabilities, claims, and actions resulting or arising out of my own acts or omissions, the acts or omissions of HPU personnel, the acts or omissions of third parties, and/or events beyond the reasonable control of the University.

6. Permissions for Emergency Treatment. To prevent dangerous delay in the delivery of necessary medical treatment in an emergency, I authorize immediate hospitalization, transfer to another facility, and any treatment deemed necessary and prudent by a qualified physician or other medical personnel, including the administering of an anesthetic or performing necessary surgery. I do so with the knowledge that HPU will contact my family as quickly as possible under the circumstances. Further, I authorize a representative of HPU to make medical decisions for me. I acknowledge that this authorization imposes no obligation on the University to pay for my medical treatment I such an emergency.

7. Accommodations. High Point University will provide reasonable accommodations to qualified individuals with disabilities and will also accommodate sincerely held religious beliefs as required by applicable law. A student seeking accommodations for a disability should contact the Office of Accessibility Resources as soon as possible prior to the program. A student seeking accommodations for a religious belief should contact the Service Learning Program as soon as possible prior to the program. In addition, students considering service learning programs may contact the Office of Accessibility Resources to discuss disabilities or medical conditions and how those might affect their safety or enjoyment of the programs in order to be fully informed about their study options.

8. Right of Notification and Access to Necessary Information. Notwithstanding any law to the contrary, I authorize the Service Learning Program to obtain information regarding my Academic and Student Conduct Records at HPU and to share that information with the Service Learning Site.

9. Compliance. I understand and agree that I remain subject to HPU policies and procedures, as well as state and federal law, while participating in the Service Learning Program.

10. Governing Law and Venue. This Agreement shall be governed by the laws of the state of North Carolina, without reference to its choice of law rules. I irrevocably submit to the exclusive jurisdiction of the courts in the State of North Carolina with respect to any suit, action or proceeding filed under or incident to this agreement, or my participation in the program, or arising out of events sponsored by or associated with High Point University’s Service Learning Program. I irrevocably waive (i) any objection I may have to the laying of venue of any proceeding brought in any such court, (ii) any claim that such proceedings have been brought in an inconvenient forum and (iii) the right to object, with respect to such proceedings, that such court does not have jurisdiction over me.

11. Survival of this Agreement. I agree that in the event of my death or disability, the terms of this Agreement will be binding on my estate, and my personal representative, executor, administrator, parent, or guardian will be obligated to respect and enforce them.

12. Severability. I agree that, should any provision of this agreement be found to be unenforceable, all remaining provisions of this agreement will remain in full force and effect.