5.19 Mandatory Use of Release/Indemnification Forms

I. POLICY STATEMENT

This policy requires a Release and Indemnification Agreement, in the form specified by the Office of Legal Affairs, to be signed by or on behalf of each participant in a UTSA–hosted trip or activity before that trip or activity takes place.

II. RATIONALE

1. Departments frequently host or co-host trips and activities, on and off campus, that could directly or indirectly result in property damage or personal injury to participants — who may be UTSA employees or students, or individuals not otherwise affiliated with the university (for example, an athletics department youth camp or an art class museum trip).
1. A signed Release and Indemnification Agreement gives UTSA and its employees some protection from claims of liability arising from these trips and activities.
2. The required form is derived from the U. T. System Office of General Counsel's standard release/indemnification instrument, so it may not be modified without the Office of Legal Affairs' prior written approval.

III. SCOPE

1. This policy applies to any UT San Antonio–hosted or co-hosted trip or activity, on or off campus, where participants — including employees, students, or individuals not otherwise affiliated with the university — could sustain property damage or personal injury.
   1. This policy does not apply to programs or activities that raise unusual risk, such as rock climbing or other extreme sports, or to educational programs of longer duration that expose participants to atypical risk, such as study-abroad courses or architectural design-build classes.
      1. Departments coordinating a high-risk or extended-duration program must contact the Office of Environmental, Health, and Safety to explore additional risk-minimizing measures — which may include participant or supervisor training/certification, protective equipment, or supplemental insurance — and a specially tailored release/indemnification agreement.

IV. WEBSITE ADDRESS FOR THIS POLICY

https://www.utsa.edu/hop/chapter5/5.19.html

V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

1. Texas Civil Practices & Remedies Code Chapter 101
2. Texas Civil Practices & Remedies Code Chapter 104
3. Texas Civil Practices & Remedies Code Chapter 108

VI. CONTACTS

If you have any questions about this HOP 5.19 Mandatory Use of Release/Indemnification Forms policy, contact the following office(s):

1. Office of the Dean of Students
2. Office of Environmental, Health, and Safety

VII. DEFINITIONS

1. Release and Indemnification Agreement
1. The standard form prepared by the Office of Legal Affairs, derived from the U. T. System Office of General Counsel's standard release/indemnification instrument, used to document a participant's informed consent and to give UTSA and its employees some protection from claims of liability arising from a trip or activity.
2. Participant
1. Any individual involved in a UTSA–hosted or co-hosted trip or activity, whether or not that person is a UTSA employee or student.

VIII. RESPONSIBILITIES

1. Hosting Department
1. Uses the Release and Indemnification Agreement prepared by the Office of Legal Affairs for any trip or activity it hosts or co-hosts, on or off campus, and does not modify the form without the Office of Legal Affairs' prior written approval.
2. Ensures the agreement is signed by or on behalf of each participant — or by a parent/guardian if the participant is under 18 — before the trip or activity begins.
3. Retains signed agreements in departmental files for at least three years after the trip or activity is completed or, if a claim, damage, or injury occurs, for at least three years after that matter is resolved.
2. Office of Legal Affairs
1. Prepares and maintains the Release and Indemnification Agreement, derived from the U. T. System Office of General Counsel's standard form, and must approve any modification to it in writing.
2. Advises on risk-minimizing or liability-limiting strategies for programs presenting unusual or atypical risk.
3. Office of Environmental, Health, and Safety
1. Consults with departments coordinating high-risk or extended-duration programs on additional risk-minimizing measures — such as training/certification, protective equipment, or supplemental insurance — and on the need for a specially tailored agreement.

IX. PROCEDURES

1. Complete the Release and Indemnification Agreement
1. Before the trip or activity, the hosting department completes the Release and Indemnification Agreement obtained from the Office of Legal Affairs website; the form is not modified without the Office of Legal Affairs' prior written approval.
2. Obtain each participant's signature
1. Each participant — or the participant's parent/guardian, if the participant is under 18 — signs the agreement before participating in the trip or activity.
3. Retain signed agreements
1. The department retains signed agreements for at least three years after the trip or activity is completed; if a claim, damage, or injury occurs, associated agreements are retained for at least three years after that matter is resolved.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION

None.

XI. FORMS AND TOOLS/ONLINE PROCESSES

1. Release and Indemnification Agreement — available on the Office of Legal Affairs website

XII. APPENDIX

None

XIII. Dates Approved/Amended

08-08-2007
12-11-2023
11-04-2026