ACKNOWLEDGMENT OF TRAVEL RISKS, RELEASE OF LIABILITY AND INDEMNIFICATION
Instructions: By completing this Kasteel Well Trip Release and Agreement (“Release”) you are acknowledging that there may be certain risks associated with the activity and agreeing to give up certain legal rights, such as the right to sue. Please read it carefully.
I am attending the Emerson College Kasteel Well Trip (“KW Trip”) on August 26-31, 2023. In consideration for the opportunity to participate in this trip, I agree to the following:
Acknowledgment of Travel Risks: I have carefully identified, reviewed and considered the risks of travel to Kasteel Well and other destinations on the KW Trip, including reading the most recent relevant U.S. State Department, Centers for Disease Control, and World Health Organization Travel Warning(s) available online, as well as any information provided by Emerson College. I understand that my proposed travel may take me through areas where the United States Department of State has issued a Travel Warning.
I acknowledge that I am voluntarily participating in the travel described above. I also acknowledge that my participation in the proposed travel may expose me to significant risks, including but not limited to terrorism, war, serious bodily injury or death, property damage, the risk of contracting a sickness or infectious disease including, but not limited to, the novel coronavirus COVID-19, and other risks that may not be foreseeable. I assume full responsibility for all risks associated with the proposed travel.
I understand that conditions in my destination(s) may change rapidly and I will stay informed of current events on a frequent, at least daily, basis by obtaining updated security and health information from, and registering with, the nearest Embassy or Consulate General applicable to my country of citizenship.
Release of Liability and Indemnification: I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE TRUSTEES OF EMERSON COLLEGE, ITS OFFICERS, EMPLOYEES, SUBCONTRACTORS, AFFILIATES, AGENTS, AND/OR OTHER REPRESENTATIVES, AND ANY OF ITS OR THEIR SUCCESSORS OR ASSIGNS (“RELEASEES”) FROM ANY AND ALL LIABILITY OF ANY TYPE, INCLUDING WITHOUT LIMITATION ANY CLAIMS OR CAUSES OF ACTION FOR ANY LOSS, DAMAGE TO PROPERTY, FINANCIAL LOSS, PERSONAL INJURY, SICKNESS, DISABILITY, AND/OR DEATH ARISING OUT OF OR IN ANY WAY RELATED TO MY PARTICIPATION IN THE KW TRIP, WHETHER RESULTING FROM THE NEGLIGENCE OF RELEASEES OR FROM ANY OTHER CAUSE.
I FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RELEASEES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, CLAIMS, ACTIONS, JUDGMENTS, PENALTIES, FINES, OR EXPENSES OF WHATEVER KIND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION HEREUNDER, AS WELL AS ANY COSTS OF PURSUING OR DEFENDING AGAINST ANY INSURANCE PROVIDERS (“LOSSES”), WHICH MAY BE INCURRED BY ANY RELEASEE WHICH ARISE OUT OF OR ARE IN ANY WAY RELATED TO MY PARTICIPATION IN THE KW TRIP.
I CONFIRM THAT I AM 18 YEARS OF AGE OR OLDER.
Loss or Damage Due to Airlines, Services or Facilities: Emerson College shall not be liable or responsible for any loss or damage I may sustain by reason of any delay, modification, curtailment or arrangement pertaining to the flights, services or facilities to be provided by Emerson College in connection with my participation on the KW Trip and/or any extension thereof. I understand and agree that Emerson College assumes no responsibility whatsoever, and shall not be held responsible for the operation and management of any of the airlines, services or facilities which may be employed in connection with the KW Trip and/or any extension thereof or for any damage or claim arising therefrom or in connection therewith.
No Travel Insurance Provided: I understand that Emerson College does NOT provide travel insurance for the KW Trip. I acknowledge that Emerson College strongly recommends I purchase travel insurance on top of the medical insurance I am required to have. This travel insurance should cover domestic flight delay or cancellation, including when such delays or cancellation are related to COVID-19 infection/quarantine, as well as personal property theft, loss and/ or damage.
No Responsibility for Trip Extensions: I understand that should I wish to extend my trip before the commencement of or after the completion of the KW Trip, Emerson College has no responsibility whatsoever for any such trip extension.
Health; Medical Considerations: I agree that I have consulted a physician of my own choice and have been advised by said physician that I am in good health, do not suffer from any condition which would make my travel and/or participation on the KW Trip hazardous, unwise, or a potential source of danger to me or to others who may travel with or participate on the KW Trip.
Health Insurance: I confirm that I have personal medical insurance coverage, which shall be valid in the Netherlands and other trip destinations throughout the period covered by the KW Trip. (If you do not have medical insurance and are purchasing travel/medical insurance for the sole purpose of this trip, you may want to consider supplementary coverage for continuation of treatment/care in your home country if required when you return home.)
Permission for Treatment. In case of medical or surgical emergency, I hereby give permission to the physician selected by Emerson College to hospitalize, secure proper treatment for, and to order injection, anesthesia, or surgery for me.
Photo/Media Permission to Emerson College: I authorize Emerson College or those it designates to record my name, likeness, image, voice, and performance on film, videotape, audiotape, computer files or otherwise (“Recordings”) for use, in whole or in part, in perpetuity worldwide by Emerson and those it designates for educational, scholarly, promotional, or other purposes, in any format or media now known or later created. I consent to the use of my name, likeness, image, voice, and biographical material in connection with the Recordings. I grant and assign to Emerson College all right, title and interest in and to the Recordings, including, without limitation, copyright. I confirm that Emerson College has no financial obligation to me for the Recordings. I hereby release and discharge Emerson College and its agents, assigns, licensees and sublicensees from any and all liability to me or to my successors, heirs or assigns for any claims, including, without limitation, claims for libel, defamation, copyright infringement, invasion of privacy or right of publicity, arising out of the exercise of rights granted under this agreement.
Valid Passport. I certify that my passport is valid for at least 6 months from the last day of the KW Trip. If I realize, after the cancellation deadline and after being assigned to a flight that this is not the case, Emerson College may cancel my trip, without refunding my deposit, if I cannot obtain a new passport in a designated amount of time before the trip.
Governing Law: All matters arising out of or relating to this Release shall be governed by and construed exclusively in accordance with the laws of the United States of America and the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Any claim or cause of action arising hereunder may be brought only in Massachusetts state court located in Suffolk County or, if jurisdiction is present, the United States Federal District Court for the District of Massachusetts located in Boston, MA.
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BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS OF THIS ACKNOWLEDGEMENT OF TRAVEL RISKS, RELEASE OF LIABILITY AND INDEMNIFICATION AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
