Release of liability outlining the indemnity agreement for all students attending in-person courses
Release of Liability
PLEASE READ CAREFULLY: THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the Au Pair Weekend Program organized by Au Pair Weekend (APW), I the student, agree for myself the following:
- I agree to observe and obey all rules, instructions, policies, directions, and warnings given by APW, the partner school, and/or the venue, including the employees, representatives or agents.
- I recognize that there are certain inherent risks associated with the Au Pair Weekend program. Some of these risks include, but are not limited to, travel and transportation, participating in off-campus excursions and activities such as city tours and community service projects where I may be working with a variety of people and in a range of conditions and circumstances. I assume full responsibility for personal injury to myself and further release and discharge APW, the partner school, and the venue (including their employees, representatives and agents) for injury, loss or damage arising out of my participation in the Au Pair Weekend program, whether caused by the fault of myself or other parties.
- I agree to indemnify and defend APW, the partner school, and the venue against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my participation in the Au Pair Weekend program.
- I agree to pay for any damages to the facilities caused by my negligent, reckless, or willful actions.
- Any legal or equitable claim that may arise from participation in the above shall be resolved under Utah law.
- I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.
- This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon its status as the drafter of a specific term, language or provision giving rise to such ambiguity.
- The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other application of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- Any controversy, or legal or equitable claim, arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in the State of Utah administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I UNDERSTAND THAT BY ACKNOWLEDGING “YES” TO THIS RELEASE ELECTRONICALLY DURING REGISTRATION, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS AND I CONSENT TO BE LEGALLY BOUND TO THE AGREEMENT ABOVE.