Waiver of Liability
Mercyhurst College Studies Abroad Program
I, (print name) ________________________________, an applicant for the Mercyhurst College
Studies Abroad Program (Hereinafter "Program"), hereby agree as follows:
I will comply with the Mercyhurst College participant conduct regulations throughout the duration of my
participation in the Program. I agree that the director(s) of my study abroad experience, including the
Director of Study Abroad, the on-site directors of my specific program, and the Associate Vice-President
for Academic Affairs charged with Study Abroad Programs, shall have the right to enforce appropriate
standards of behavior and that I may be dismissed from the Program at any time for failure to comply
with such standards.
I understand that the travel agencies, tour organizers, and host institutions, who have arranged for the
purchase of meals, accommodations, excursions and transportation, act as my agents and that their
responsibility is limited to the exercise of reasonable care in the selection of independent contractors who
provide these services. I agree that these travel agencies, tour organizers and host institutions shall not be
held responsible for any injury, damage, expense or inconvenience resulting from, or in any way
connected with, the services provided by the independent contractors.
I understand Mercyhurst College reserves the right to make cancellations, changes or substitutions in the
Program at any time because of emergency, changed conditions, or the Program Director(s)'
determination that such changes or substitutions are in the best interest of the Program or its participants.
I understand that the Program fees are based on lodging rates and travel costs in effect at the time that the
application information was sent to me and that these fees are subject to minor changes.
I agree that Mercyhurst College, through its agents and employees, may take whatever action is deemed
necessary with respect to my health and safety. I authorize Mercyhurst College, its agents, and employees
to place me, at their discretion and without my further consent, in a hospital or in the care of a local
doctor for medical services and treatment. If necessary or desirable, I also authorize them to transport me
back to the United States by commercial airline or otherwise for medical treatment. I agree that I, along
with my parents or guardian as applicable, will be fully responsible for any and all expenses, including
transportation costs, associated with or in any way related to my medical care. I understand, acknowledge,
appreciate, agree and accept that Mercyhurst College, Mercyhurst College Studies Abroad Program, its
program directors, agents and employees, may not be able, under all circumstances, to provide and/or
arrange for timely and appropriate medical treatment or assistance and I voluntarily accept the risk of
inadequate medical treatment or assistance or the possible absence of or delayed medical treatment or
assistance.
I am hereby informed and acknowledge that Mercyhurst College strongly recommends that students
studying abroad obtain valid overseas insurance coverage to protect against the costs of hospitalization
and physician care in the event of sickness, accident, disability, and death, and to offset expenses of
unexpected emergency evacuation and repatriation, trip cancellation, or loss of property. I understand that
I am solely responsible for obtaining said insurance. I acknowledge that I am aware that there may be
risks associated with foreign travel and I am voluntarily participating in this program. Regardless of
insurance, I agree to be solely responsible for any medical bills incurred as a result of any medical
treatment I may receive or require.
I understand that if my participation in the Program is terminated by the directors of my study abroad
experience, I will be sent home with no refund of fees. If I am sent home before completion of the
Program, I agree that I, along with my parents or guardian as applicable, will be responsible for any and
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all costs and expenses associated with my return home. I also understand that if I leave the Program
voluntarily for any reason, I will be responsible for any and all costs and expenses associated with my
return home and that there will be no refund of any fees. I accept that decisions made after the Program
has begun and while the program is in operation are personal and that I am individually responsible for
decisions to withdraw from the program or courses or to return home early. I understand that there can be
no award of credit hours or possibility of refund should I withdraw from the program or be terminated
from the program before the completion of scheduled instruction and examinations as determined by the
program director(s).
I understand that if I choose to travel independently during my free time in the Program, such travel will
be unsupervised by Mercyhurst College, its agents, or employees. I agree that Mercyhurst College, its
agents, and employees shall have no responsibility for any injury, damage or loss suffered by me during
such periods of independent travel. In consideration of my participation in the Mercyhurst College
Studies Abroad Program, I hereby accept all risk to my health and of my injury, death and/or damage to
my property that may result from such participation and I hereby agree, on behalf of myself and my heirs,
legatees, distributees, administrators, executors, successors, assigns and any other person who might seek
to recover damages for injury to me or my property, including death, to expressly and explicitly waive
any and all rights I may have, and to release and hold harmless and indemnify MERCYHURST
COLLEGE, MERCYHURST COLLEGE BOARD OF TRUSTEES, MERCYHURST COLLEGE
STUDIES ABROAD PROGRAM, their program directors, affiliated entities and partnerships, ventures
and operations, including their respective partners, members, directors, advisors, officers, student officers,
governing board, officials, instructors, employees, representatives, contractors, agents, insurers and all
other persons, corporations or entities, their executors, administrators, successors or assigns, (collectively
"releasees") from and against any and all claims, actions, proceedings, liabilities, damages and expenses
relating directly or indirectly to any personal injury (including death) or damage to personal property
caused or incurred by me, or related in any way, to my participation with the Mercyhurst College Studies
Abroad Program, whether caused by the negligence of Mercyhurst College, Mercyhurst College Studies
Abroad Program or any of the Releasees. I further agree to defend, indemnify and hold harmless the
Releasees from liability for any injury or death of any persons and damage to property that may result
from my negligent act or omission or intentional act or omission while participating, in any way, in the
Mercyhurst College Studies Abroad Program. Furthermore, I will not join or attempt to join any of the
Releasees, in any action that may be brought against the undersigned arising out of participation in said
events.
This Release, Waiver and Indemnification Agreement is without limitation, and it includes a waiver and
release against the negligence of any agent, employee, licensee, partner, member, director, officer,
program director, official, instructor, representative, contractor, agent or invitee of any Releasee. My
indemnification of Releases extends to any claim brought by other persons on my behalf, or on their own
behalf based on their relationship to me.
I understand and accept that as a participant in a Mercyhurst College Studies Abroad Program, I am
required to observe the laws of the country in which I will be residing and all academic and disciplinary
regulations in effect at any host institution, site, or program. I further understand and accept that while
participating in the program I will remain enrolled concurrently as a degree candidate at Mercyhurst
College and, as such, I agree to adhere to the policies outlined in the Mercyhurst College Student
Handbook and the Mercyhurst College Course Catalog. I realize that violation of the foregoing and/or
academic failure or disciplinary disturbances may constitute grounds for my expulsion from the program
and referral of any violations to Mercyhurst College’s Office of Academic Affairs for possible
disciplinary action.
I hereby acknowledge my awareness that my participation in the Mercyhurst College Studies
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Abroad Program may involve risk of property damage and of bodily or personal injury that may prove
fatal. I understand that the risks I may encounter include airplane crashes, motor vehicle accidents,
terrorist incidents, sickness and criminal acts, as well as other risks that may not be foreseeable. I hereby
assume any and all such risk.
I HAVE CAREFULLY READ THIS RELEASE, WAIVER AND INDEMNIFICATION
AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES
OF ACTION FOR MY INJURY OR DEATH OR DAMAGE TO MY PROPERTY THAT
OCCURS WHILE PARTICIPATING IN THE MERCYHURST COLLEGE STUDIES ABROAD
PROGRAM AND IT OBLIGATES ME TO DEFEND, INDEMNIFY AND HOLD HARMLESS
THE RELEASEES FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND
DAMAGE TO PROPERTY CAUSED BY MY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL ACT OR OMISSION. I SPECIFICALLY UNDERSTAND MY AGREEMENT
TO INDEMNIFY, RELEASE, ACQUIT AND DISCHARGE ANY AND ALL CLAIMS AND
CAUSES OF ACTION OF ANY NATURE, INCLUDING INJURY, DEATH OR DAMAGE TO
PROPERTY I MAY HAVE AGAINST THE RELEASEES ARISING OUT OF MY
PARTICIPATION IN THE MERCYHURST COLLEGE STUDIES ABROAD PROGRAM EVEN
IF SAID INJURY, DEATH OR PROPERTY DAMAGE WAS CAUSED BY THE RELEASEES
SOLE NEGLIGENCE.
I understand that the acceptance of the Release, Waiver of Liability and Covenant Not to Sue by
Mercyhurst College shall not constitute a waiver, in whole or in part, of sovereign immunity by said
College, its members, officers, agents, and employees.
I hereby certify that I am at least 18 years of age and suffering under no legal disability, and that I have
read and understood the above.
By my signature below, or that of my legal representative, I certify that I have read this Release, Waiver
of Liability and Indemnification Agreement and that I completely understand and agree to be legally
bound by its terms. I certify that I am not under the influence of drugs or alcohol, under eighteen (18)
years of age, or otherwise incompetent or unfit to execute this document.
In witness whereof, I have here unto set my hand this day of
, 20 __.
______________________
SIGNATURE OF PARTICIPANT
__________________________________________________________________
Participant Printed Name and Address
______________________
SIGNATURE OF WITNESS
__________________________________________________________________
Witness Printed Name and Address
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Parent/Guardian Waiver
Mercyhurst College Studies Abroad Program
To be signed by Parent or Guardian of Participant under 21 years old unless Participant submits a letter
explaining the circumstances that the Waiver should not be signed.
I certify that I am the parent or legal guardian of _______________________(name of participant), an
applicant for the Mercyhurst College Studies Abroad Program, and that the participant will be
participating in the Program with my full knowledge and consent. I have read the agreement signed by the
participant, and I understand its contents.
I agree that I will be personally responsible for any costs, expenses or debts the participant may incur
while a participant in the Program including expenses incurred for the participant's medical care,
necessities, and transportation back to the United States.
I hereby acknowledge my awareness that participation in the Mercyhurst College Studies Abroad
Program may involve risk of property damage and of bodily or personal injury, including injury that may
prove fatal. These risks may include airplane crashes, motor vehicle accidents, terrorist incidents,
sickness, and criminal acts, as well as other risks that may not be foreseeable.
For the sole consideration of Mercyhurst College's arranging for the participant's participation in the
Mercyhurst College Studies Abroad Program, I hereby accept all risk to the participant's health and of the
participant's injury, death and/or damage to the participant's property that may result from such
participation and I hereby agree, on behalf of myself and my heirs, legatees, distributees, administrators,
executors, successors, assigns and any other person who might seek to recover damages for injury to me
or my property, to expressly and explicitly waive any and all rights I may have or that my participant may
have, and to release and hold harmless and indemnify MERCYHURST COLLEGE, MERCYHURST
COLLEGE BOARD OF TRUSTEES, MERCYHURST COLLEGE STUDIES ABROAD
PROGRAM, their program directors, affiliated entities and partnerships, ventures and operations,
including their respective partners, members, directors, advisors, officers, student officers, governing
board, officials, instructors, employees, representatives, contractors, agents, insurers and all other persons,
corporations or entities, their executors, administrators, successors or assigns, (collectively "Releasees")
from and against any and all claims, actions, proceedings, liabilities, damages and expenses relating
directly or indirectly to any personal injury (including death of my participant or damage to personal
property caused or incurred by me or my participant, or relating in any way, to the participant's
involvement with the Mercyhurst College Studies Abroad Program, whether caused by the negligence of
Mercyhurst College, Mercyhurst College Studies Abroad Program, its program directors or any of the
Releasees. I further agree to defend, indemnify and hold harmless the Releasees from liability for any
injury or death of any persons and damage to property that may result from my participant's negligent act
or omission or intentional act or omission while participating in said Mercyhurst College Studies Abroad
Program. Furthermore, I will not join or attempt to join any of the Releasees, in any action that may be
brought against the undersigned or the undersigned's participant arising out of participation in said
Mercyhurst College Studies Abroad Program.
This Release, Waiver and Indemnification Agreement is without limitation, and it includes a waiver and
release against the negligence of any agent, employee, licensee, partner, member, director, officer,
program director, official, instructor, representative, contractor, agent or invitee of any Releasee. My
indemnification of Releasees extends to any claim brought by other persons on my behalf, or on behalf of
my participant, or on their own behalf based on their relationship to me or my participant.
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I HAVE CAREFULLY READ THIS RELEASE, WAIVER AND INDEMNIFICATION
AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES
OF ACTION FOR ANY INJURY OR DEATH TO MY PARTICIPANT OR DAMAGE TO MY
PARTICIPANT'S PROPERTY THAT OCCURS WHILE PARTICIPATING IN THE
MERCYHURST COLLEGE STUDIES ABROAD PROGRAM AND IT OBLIGATES ME TO
DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES FOR ANY LIABILITY
FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY
MY PARTICIPANT'S NEGLIGENT ACT OR OMISSION OR INTENTIONAL ACT OR
OMISSION. I SPECIFICALLY UNDERSTAND MY AGREEMENT TO INDEMNIFY,
RELEASE, ACQUIT AND DISCHARGE ANY AND ALL CLAIMS AND CAUSES OF ACTION
OF ANY NATURE, INCLUDING INJURY, DEATH OR DAMAGE TO PROPERTY I MAY
HAVE AGAINST THE RELEASEES ARISING OUT OF MY PARTICIPATION IN THE
MERCYHURST COLLEGE STUDIES ABROAD PROGRAM EVEN IF SAID INJURY, DEATH
OR PROPERTY DAMAGE WAS CAUSED BY THE RELEASEES SOLE NEGLIGENCE.
I understand that the acceptance of this Release, Waiver of Liability, Indemnification
Agreement and Covent Not To Sue by Mercyhurst College shall not constitute a waiver,
in whole or in part, of sovereign immunity by said Board, its members, officers, agents or
employees.
SIGNATURE:_____________________________________________________________
PRINTED NAME AND ADDRESS:___________________________________________
_________________________________________________________________________
RELATIONSHIP TO PARTICIPANT:___________________
DATE:__________________
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