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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 assumption and release agreement is a contract between two parties where one party assumes a responsibility relinquished by the other. Within the agreement, specific details regarding whatd being surrendered and under what conditions is typically included in the verbiage within the contract.
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.
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. Although generally raised in tort cases, courts often treat express assumption of risk as a contract issue.
4th 64, 69-70 The doctrine of primary assumption of risk is applied to certain sports or sports-related recreational activities where conditions or conduct that otherwise might be viewed as dangerous often are an integral part of the sport itself and their removal would alter the nature of the sport.