THE GOVERNORS OF ST FRANCIS XAVIER UNIVERSITY RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT WARNING: BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY! NAME OF PARTICIPANT: ______________________________________________________ ADDRESS OF PARTICIPANT: __________________________________________________ PREAMBLE St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 (April 23-28, 2004) is an exceptional educational opportunity, but it is not without certain risks, dangers, hazards and liabilities to all participants. These include, but are not limited to, personal injury, death, property damage, expense and other loss, delay or inconvenience, and course cancellation or curtailment. All persons taking part in St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 are required to accept these and other risks as a condition of their participation in this course. St Francis Xavier University will not accept any liability for injury, loss, damage or expense sustained as a result of any person's participation in St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004. The Statement of Risks set forth below is intended to enable participants to better understand and accept the various risks involved in the St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004. All St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 applicants will be required to sign the Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement set forth below, which will release St. Francis Xavier University, and its representatives, from any future claims which might arise as a result of the applicant's participation in the St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004. STATEMENT OF RISKS The St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 involves the risks inherent in international travel. The majority of the course will take place in New York City, New York. There are significant risks, dangers and hazards to which all travelers to New York City, New York are exposed. These include, but are not limited to a poor road and transportation system and exposure to diseases. The medical facilities in New York City, New York may well be of a lower standard than what might be expected in Canada. New York City, New York like many other large cities has a significant crime rate. St Francis Xavier University will be using the services of independent travel agents, airlines and safari companies. St Francis Xavier University cannot accept responsibility for the conduct of these independent agencies. It is always possible that the St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 might not be completed or individual activities may be curtailed or cancelled, due to weather, illness, political disturbances, terrorism, motor vehicle accidents, transportation problems, tribal violence, failure to perform on part of the travel agents, airlines or safari companies, problems relating to customs, immigration or visa requirements, or other circumstances either within or beyond the control of St. Francis Xavier University. All participants in the St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 will be required to attend orientation and safety lectures on these and other risks and on the student behavior required to minimize risk and disruption during the St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004. It is the responsibility of each participant in the St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 to learn as much as possible about the risks of the venture, to weigh those risks against the advantages, and to decide whether or not to participate. St Francis Xavier University and the professors, instructors and support personnel for the St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 cannot and will not assume liability in respect of any of these risks, dangers, hazards and liabilities. St Francis Xavier University accepts no responsibility and assumes no liability with respect to any academic, vocational, medical, or financial advice received by a participant considering the St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004). ______________ (initial here) RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT WARNING: BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY! TO: THE GOVERNORS OF ST FRANCIS XAVIER UNIVERSITY I, ____________________________________, am aware that the St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 (April 23-28, 2004) involves many risks, dangers, hazards and liabilities including, but not limited to those referred to in the Preamble and the Statement of Risks set forth above. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss, resulting therefrom. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of THE GOVERNORS OF St Francis Xavier University allowing my participation in St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 as offered by St Francis Xavier University Student Investment Society (“Invest-X”), I agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE GOVERNORS OF St Francis Xavier University, and its members, officers, employees, students, agents, volunteers and independent contractors (all of whom are hereinafter collectively referred to as "the Releasees"); 2. TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of my participation in St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004 due to any cause whatsoever INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS' LIABILITY ACT, RSA 1980 c. 0-3 ON THE PART OF THE RELEASEES; 3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of, or personal injury to, any third party, resulting from my participation in the St Francis Xavier University Student Investment Society (“Invest-X”) NYSE Trip 2004; and 4. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity. 5. To comply with the requirements as outlined in Appendix A In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement. I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES. Signed this ________ day of ___________________, 2004 _______________________________________ WITNESS ________________________________ SIGNATURE OF PARTICIPANT ________________________________________ PRINT PARTICIPANTS NAME This agreement must be completed in full, signed, dated, witnessed and paragraph 2 must be initialed. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT APPENDIX A NYSE Trip 2004 (April 23-28, 2004) WARNING: BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY! NAME OF PARTICIPANT: ______________________________________________________ 1. Acquire and be in possession of travel insurance for the duration of the trip. 2. Be in a possession of a passport or driver’s license and birth certificate. 3. Be an active participant in the fund raising activities of the organization. 4. Abide by the trip itinerary as provided by the faculty advisor. 5. Not engage in an illegal activity during the trip. 6. Provide emergency contact information in case of an emergency. 7. Provide faculty advisors with information about whereabouts during duration of trip. 8. Not venture out along but in a group of at least two trip participants. ______________ (initial here)