FORM 4-1 Express Assumption of Risk for Participation In 2025

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Assumption of Risk and Release Agreements are used to: Inform prospective participants of potential risks associated with an activity. Allow an individual to voluntarily choose to incur the risks. Secure an agreement from the individual to indemnify, save, and hold harmless the University.
An athlete can legally assume the risk of harm by opting to play with a known medical condition or injury, thereby removing the liability of the athletic trainer. Assumption of risk is based on the legal principle that no harm is done to one who consents.
Generally, there are three types of assumption of risk: primary, express, and implied. Primary assumption of risk is often used in organized sports or recreational activities. It is generally presumed that an experienced participant understands and assumes the risk of participating in the sport or activity.
An example of an express assumption of the risk is a waiver that a person signs before they use a gym. The waiver usually says that the user acknowledges that using gym equipment is a dangerous activity. When the person signs it, they agree that theyre assuming the chance that they can get hurt at the gym.
Express assumption of risk, typically achieved through a signed waiver , prevents an injured plaintiff from recovering beyond the terms of the waiver so long as the waiver is not against public policy.
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For example, if a person signs a waiver before participating in a skydiving activity, this is strong evidence that they have consented to assume the risks. Similarly, if a patient gives their informed consent before undergoing surgery, this is strong evidence that they have assumed the risks of the procedure.

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