PARTICIPATION, RELEASE, AND HOLD HARMLESS AGREEMENT This Agreement is executed in favor of The University of the South (“University”) by ______________________________ (“Participant”), and if Participant is under age 18, executed also by Participant’s Parent or Guardian. 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, accepted, and now attempting to complete enrollment in four courses, SPAN 330, SPAN 323, ARTH 497, and INGS 306, together constituting the Sewanee in Spain Program (“Program”), which will take place in Spain from January 13 to April 29, 2018. Upon successful completion of the Program, Participant shall be awarded 16 credit hours. Participant acknowledges that s/he is not required to participate in the Program and is doing so voluntarily. The cost of the Program is equal to the cost of Participant’s spring 2018 University tuition, room, and board. The cost includes enrollment fees, room and board, excursions, and field trips. Participant is solely responsible for all other expenses including, but not limited to, transportation to and from Spain, 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. 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 University, be unacceptable. N.B. 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 Spain, including https://wwwnc.cdc.gov/travel/destinations/traveler/none/spain. The Undersigned have arranged for adequate insurance to meet Participant’s need for payment of medical
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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 that 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 Spain, 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 https://travel.state.gov/content/passports/en/country/spain.html. 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 natural disasters, 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 Spain, 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,
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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. 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 _____________
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