PARTICIPATION, RELEASE, AND HOLD HARMLESS AGREEMENT
This Agreement is executed in favor of The University of the South (“University”) by ______(“Participant”). The term “Undersigned” may be used in this Agreement to refer to either or both Participant and Parent or Guardian.
The Undersigned execute this Agreement in exchange for good and valuable consideration and fully intend to be bound by all of its terms.
1. Participant’s Desire to Participate in the Program.
Participant is a student qualified for, and accepted in “Exploring Egypt” which will take place in Egypt (“Program”) from March 10, 2015 to March 20, 2015. Participant acknowledges that s/he is not required to participate in the Program and is doing so voluntarily.
The cost of the Program is $2,500.00, which includes travel to Egypt, lodging, breakfast, dinner, local transportation and tours. Participant is solely responsible for all other expenses including, but not limited to, lunch, internet and telephone costs, and all other incidentals.
2. Withdrawal and Refunds.
Should Participant be compelled to withdraw for good reason, as determined in the University’s sole discretion, before the beginning of the Program, the University will determine what portion, if any, of the Program fee may be refunded, bearing in mind that arrangements for travel abroad must be secured well in advance with full or substantial partial payment. No refund will be made for withdrawal after the Program has begun.
3. Acceptable Conduct by Participant.
The Undersigned understand that the University’s policies apply during the Program, including policies on alcohol, drug use, and sexual misconduct abroad, outlined in the OGE Code of Conduct (attached). Participant understands that the University reserves the right to dismiss Participant from the Program at any time should Participant’s actions or general behavior, in the sole discretion of the Program Leaders, be unacceptable. There will be no refund whatsoever should a student be dismissed from the Program.
4. University’s Rights and Powers.
The University reserves the following rights and powers: (a) the right to cancel the Program; (b) the right to withdraw any part of the Program and to make any alterations, deletions or modifications in the itinerary and/or Program as deemed necessary by the University; and (c) the right to dismiss Participant from the Program.
5. Participant Responsibility for Medical Needs.
Participant has consulted with a medical doctor with regard to Participant’s personal medical needs such that the Undersigned can and do assure the University that there are no health-related reasons or problems which preclude or restrict Participant’s participation in this Program. The Undersigned assure the University that Participant has reviewed health information related to travel in Egypt, including The Center for Disease Control website.
The Undersigned have arranged for adequate insurance to meet Participant’s need for payment of medical or hospital costs that may arise during the Program and agree that University assumes no responsibility for such costs. The Undersigned understand and agree that the University does not have medical personnel available at the location(s) of the Program or during transportation to and from the Program.
The Undersigned grant permission to the University to authorize emergency medical treatment, if necessary, and that such action by the University shall be subject to the terms of this Agreement. The Undersigned understand and agree that the University assumes no responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment.
6. Potential Travel and Accommodation Problems.
The Undersigned acknowledge and agree to accept all responsibility for loss or additional expenses due to delays or other changes in the means of transportation, other services, or sickness, weather, strikes, or other causes. The Undersigned acknowledge and understand that the University assumes no liability for any loss, damage, destruction, or theft of Participant’s luggage or personal belongings, and that Participant is responsible for retaining adequate insurance or having sufficient funds to replace such belongings and will hold the University harmless therefrom.
The Undersigned acknowledge and understand that in the event Participant becomes detached from the group, fails to meet a departure bus, airplane, or car, or becomes sick or injured, Participant will bear all responsibility to seek out, contact, and reach the group at its next available destination, and that Participant shall bear all costs incurred.
The Undersigned understand that the University in no way represents or acts as agent for the transportation carriers, hotels, guides, and other suppliers of services connected with this Program. The Undersigned further understand and agree that the University is: (a) not responsible or liable for any injury, damage, loss, accident, delay or other irregularity which may be caused by the defect of any vehicle or the negligence or default of any company or person engaged in providing or performing any of the services involved in this Program; (b) not responsible for losses or expenses due to sickness, weather, strikes, hostilities, wars, natural disasters, or other such causes; and (c) not responsible for any disruption of travel arrangements or any consequent additional expenses that may be incurred therefrom.
7. Legal Matters.
The Undersigned understand and acknowledge that each foreign country has its own laws and standards of acceptable conduct, including dress, manners, morals, politics, drug and alcohol use, and behavior. The Undersigned recognize that behavior which violates those laws or standards could harm Participant’s health and safety. The Participant will abide by all such laws and standards for Egypt, and will attend all Program orientation meetings and read all materials the Program provides. The Undersigned will attend to any legal problems encountered with any foreign nationals or government of the host country or any country to or through which Participant travels during the Program.
8. Assumption of Risk; Waiver and Release of Liability; Hold Harmless.
Participant acknowledges that s/he has been provided adequate information about the Program, including the health and safety risks of participating in the Program. Participant has been advised to familiarize him/herself with the information at The US Department of State Bureau of International Travel.
The Undersigned understand that participation in the Program involves risks, hazards, and dangers not found in study at the University including loss of property, personal injury, or death posed by public health risks, accidents, violence and terrorism. The Undersigned is aware of, understands, acknowledges, and appreciates that these risks, dangers, and hazards also involve traveling to and within, and returning from Egypt, including risks of air travel and all other types of transportation that could result in damage to property, injury to persons, or death. The Undersigned understand, acknowledge, and appreciate the risks, hazards, and dangers of foreign political, legal, social, and economic conditions; different standards of safety; and local sanitation, medical, and weather conditions. The Undersigned have investigated all the risks and are willing to accept them.
Knowing the dangers, hazards, and risks of participation in the Program, and in consideration of being permitted to participate in the Program, the Undersigned, on behalf of Participant and his/her family, heirs, and personal representative(s), agree to assume all the risks and responsibilities surrounding Participant’s participation in the Program, the transportation, and in any independent research or activities undertaken as an adjunct thereto, and release, waive, forever discharge, and covenant not to sue the University, its governing boards, officers, agents, employees, insurers, and students (“Releasees”), from and against any and all liability for any harm, injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature whatsoever which Participant may have or which may hereafter accrue to the Undersigned, arising out of or related to any loss, damage, or injury or death that may be sustained by Participant or by any property belonging to Participant, whether caused by the negligence or carelessness of the Releasees or otherwise, while in, on, upon, or in transit to or from any location where the Program or any adjunct to the Program occurs or is being conducted.
It is the Undersigned’s express intent that this release shall bind the members of the Undersigned’s family, if Participant is alive, and Participant’s family, estate, heirs, administrators, personal representatives, or assigns, if Participant is deceased, an
The Undersigned agree to save and hold harmless, indemnify, and defend Releasees from any claim by the Undersigned, Participant’s family, or any other person arising out of or related to Participant’s participation in the Program.
9. Governing Law; Forum.
The Undersigned agree that this Agreement shall be construed in accordance with the laws of the State of Tennessee which shall be the forum for any lawsuits filed under or incident to this Agreement or the Program. The term and provisions of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal, unenforceable, or in conflict with any law governing this Agreement the validity of the remaining portions shall not be affected thereby.
THIS IS A RELEASE OF LEGAL RIGHTS WHICH THE UNDERSIGNED ACKNOWLEDGE THEY HAVE READ AND UNDERSTAND BEFORE SIGNING.
Signed______Date ______
Print Name: ______
Co-signature of parent or guardian if student is under 18 years of age.
Signed______Date ______
THE UNIVERSITY OF THE SOUTH
HAITI PROJECT March 10-19, 2016
ASSUMPTION OF RISK
Name of Participant______
The University of the South is sponsoring a trip to the country of Haiti on the following dates, March 10-19, 2016. While the leaders of this trip will be taking every precaution possible while working with Zamni Lasante, Zamni Agrikol, Partners in Health and the Episcopal Diocese in Haiti in selecting transportation, housing, and work projects, there are certain risks.
1)We will be traveling by ground transportation to and from Sewanee to an international airport.
2)We will be flying outside the United States to a foreign country. Air travel is considered to be generally safe, but there are inherent risks involved in air travel.
3)Transportation from the airport in Port-Au-Prince, Haiti to Cange, Haiti will be with a rental bus driven by a contracted Haitian driver through Zamni Agrikol, Zamni Lasante, Partners in Health or the Episcopal Diocese of Haiti. Other forms of transportation will be by public bus, taxi, or walking. All are reasonably safe means of transportation provided one exercises good judgment and common sense but do have risk.
4)Operating a motorcycle or verbally contracting a ride on a motorcycle is strictly prohibited in any location.
5)Traveling alone on the bus, by taxi, or walking are not considered safe in Haiti. Students should plan to travel in groups of at least three (5). Women should not travel alone or in groups without at least one (1) male in the group.
6) It is imperative that the participants conduct themselves in accordance with all rules, standards, and instructions for student behavior as set forth in the Student Handbook of The University of the South and by the University project leaders. A student may be disciplined or dismissed from the program for behavior detrimental to the program or in violation of University rules and regulations.
7)The students will accept the authority of the host organizations Zamni Agrikol, Zamni Lasante, Partners in Health or the Episcopal Diocese of Haiti while they are hosts at these organizations’ facilities.
8)The participants may not travel with anyone from any host or official organization, any public transportation, or with any individual without the permission of the University of the South staff.
9)Participants will be traveling to remote parts of Haiti to farms by foot and animal up steep mountain elevations. This type of travel is considered to be generally safe, but there are inherent risks involved in foot and animal travel.
10)We will be living in a foreign culture that has different laws, customs and norms from our own. For these reasons it will be necessary to avoid any purchase, use, or transportation of illegal narcotics in Haiti, or any attempt to transport any illegal drug outside of Haiti and back into the United States. The purchase, use, or transportation of illegal drugs in or out of Haiti makes you subject to imprisonment.
11) We are entering a country that is occupied by United Nations forces.
The United Nations Stabilization Mission in Haiti (MINUSTAH) was established on June 1, 2004 by Security Council resolution 1542 . The UN mission succeeded a Multinational Interim Force (MIF) authorized by the Security Council in February 2004 after President Bertrand Aristide departed Haiti for exile in the aftermath of an armed conflict which spread to several cities across the country. MINUSTAH’s original mandate was to restore a secure and stable environment, to promote the political process, to strengthen Haiti’s government institutions and rule-of-law-structures, as well as to promote and to protect human rights.
It is important that participants and parents or guardians understand the underlying reasons for this occupation and that it does exist.
12) Haiti was struck by a devastating earthquake on January 12, 2010 with a death toll reaching 300,000 people. Haiti’s struggles prior to this event are documented and what was a distressing situation has now opened a wound with grave consequences for the people of Haiti. The international community’s efforts to assist Haiti in the most dignified and helpful way possible, in the immediate relief work necessary for survival and the long-term sustainable efforts of development, is very important for the future of this country. It is important that participants and parents or guardians understand this event and its impact on the country.
13) The devastating earthquake of January 12, 2010, which resulted in more than 300,000 deaths including 96 United Nations peacekeepers, delivered a severe blow to the country’s already shaky economy and infrastructure. The Security Council, by resolution 1908 of January 19, 2010 endorsed the Secretary-General’s recommendation to increase the overall force levels of MINUSTAH to support the immediate recovery, reconstruction and stability efforts in the country. It is important that participants and parents or guardians understand the underlying reasons for this stepped-up occupation because of the earthquake disaster.
14) There is no legal minimum for alcohol consumption. It is important that participants understand that when alcohol is consumed people’s judgment can be flawed, therefore placing yourself in a situation that compromises your judgment can make you vulnerable to personal violence.