"Liability Release, Hold Harmless, Indemnification and Waiver of a"
Liability Release, Hold Harmless, Indemnification employees, volunteers, students, agents, and representatives and Waiver of a Passenger in an Automobile (hereafter “Released Parties”) from any and all claims Operated by a Day Student Off Campus which may arise from any cause whatsoever, including but not limited to any negligent act or omission by the Released Parties. The parents and student further release and The parties to this Release are _____________________ discharge the Released Parties from liability for any (both parents or legal guardians and student) accident, illness, injury, loss or damage to personal ________________________________________________ property, or any other consequences arising or resulting ________________________________________________ directly or indirectly from departing campus and /or as a ___________________________and the Board of Trustees passenger in an automobile operated by a day student. The of Deerfield Academy (hereafter “Deerfield Academy”). parents and student acknowledge and agree that the Released Parties assume no responsibility for any liability, The parents and the student understand that Deerfield has damage, or injury that may be caused by students or day no control or supervision or authority of a day student after student or any third party’s negligent or intentional acts or departing campus. The parents and student give full omissions committed prior to, during, or after participation permission and assume all liability in connection with the departing campus, or for any liability, damage or injury student being a passenger in the day student automobile. caused by the intentional or negligent acts or omissions of any other participant in the Activity, or caused by any other The parents and student have chosen to give permission to person. ____________________________ to ride in an automobile operated by a day student (hereafter “Activity”). Severability. It is understood and agreed that, if any provision of this release or the application thereof is held Assumption of Risk. The parents and student expressly invalid, the invalidity shall not affect other provisions or understand and agree that riding in a day students’ applications of this release which can be given effect automobile and leaving the supervision of Deerfield without the invalid provisions or applications. To this end, Academy presents risks both serious and minor personal the provisions of this release are declared severable. injury, including but not limited to death. The parents and student are responsible for researching, evaluating and Governing Law and Venue. This release shall be accepting all the risks that the student may face. construed in accordance with, and governed by, the laws of the Commonwealth of Massachusetts. The venue for any The parents and student further recognize, understand and action arising out of this Agreement shall be the Franklin agree that Deerfield Academy assumes no responsibility for County, Commonwealth of Massachusetts. any liability, damage or injury that may be caused by any individuals negligence or willful acts committed prior to, Construction and Scope of Agreement. The language of during or after leaving campus with a day student, or for all parts of this release shall in all cases be construed as a any liability, damage or injury caused by the intentional or whole, according to its fair meaning, and not strictly for or negligent acts or omissions of any day student, third party against any party. This release is the only, sole, entire and or Deerfield Academy, its students, agents or employees or complete agreement of the parties relating in any way to the caused by any other person. subject matter hereof. No statements, promises, or representations have been made by any party to any other, Indemnification and Hold Harmless. The parents and or relied upon, and no consideration has been offered or student specifically understand that they jointly and promised, other than as may be expressly provided herein. severally are responsible, agree to indemnify, defend and This release supersedes any earlier written or oral hold harmless Deerfield Academy, its officers, agents, understandings or agreements between the parties. volunteers, students and employees from any action, claim, or demand that the student, his or her parents, heirs, or legal The signatory below acknowledges that she/he has read this representatives may have caused or have or may have for release and that she/he understands its meaning and effect any and all personal injuries the any person may suffer or and has the authority to bind themselves and the student. sustain, regardless of cause or fault as a result of the voluntary decision to leave campus as a passenger in with a Student’s signature: ______________________________ day student or related activities, on or off campus including reasonable attorneys’ fees and/or any other associated Print name:____________________________________ costs, caused by any act or omission of the any person or entity resulting from anything associated with any off Parent’s signature:_________________________________ campus activity including but not limited being a passenger in an automobile operated by a day student. Print name:____________________________________ Release of Claims. In consideration of being allowed to be Parents signature:_________________________________ off campus and/or a passenger in a motor vehicle operated by a day student , the parents and student, their heirs, Print name:____________________________________ executors, administrators, employers, agents, representatives, insurers, and attorneys, hereby release and Date:______________________,20 discharge Deerfield Academy, its officers, trustees, faculty,