Liability Waiver

 

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AMBEX RELEASE OF LIABILITY & PARTICIPANT AGREEMENT

By applying to the AMBEX program you agree to waive certain legal rights including the right to sue. Please read carefully:

In consideration of being allowed to participate in any way in the American Bavarian Exchange program, its related events and activities, I acknowledge, appreciate, and agree that:

I hereby knowingly, freely and voluntarily agree to waive, release and discharge any and all claims for damages for death, personal injury or property damage that may have, or that may subsequently accrue to me as a result of my participation in the activities offered, afforded or sponsored by AMBEX and as a result in my participation in the Study Abroad Program including transportation to and from the Study Abroad Program.

I agree to follow all instructions, procedures, measures and directions given to me by AMBEX or any of its staff or representatives and understand that my failure to do so may result in property damage or injury or death to me or to a third party. I understand that my invitation to participate in AMBEX may be revoked at any time for any reason by the program.

I UNDERSTAND THAT THIS WAIVER, RELEASE AND INDEMINTY IS INTENDED TO WAIVE, RELEASE, DISCHARGE AND INDEMINIFY IN ADVANCE AMBEX AND ITS AFFLIATES, SUBSIDIARIES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES,INSURERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FOR, FROM AND AGAINST ANY AND ALL LIABILITY TO ME

ARISING FROM MY PARTICIPATION IN THE STUDY ABROAD PROGRAM, INCLUDING ANY DEMAND, RIGHT OR CAUSE OF ACTION OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON TORT, CONTRACT, WARRANTY, OR ANY OTHER THEORY OF RECOVERY, AT LAW OR INEQUITY, VESTED OR CONTINGENT, THAT I OR MY SPOUSE, FAMILY, PARENTS, CHILDREN, ESTATE, HEIRS, AGENTS, INSURERS, SUCCESSORS OR ASSIGNS MAY AT ANY TIME HAVE AS A RESULT OF MY PARTICIPATION IN AMBEX. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LIABILITY (INCLUDING CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES) ARISING FROM INJURY OR DAMAGE THAT I SUFFER OR CAUSE DURING MY PARTICIPATION THE STUDY ABROAD PROGRAM, WHETHER SUCH INJURY OR DAMAGE IS FORESEEN OR UNFORESEEN OR WHETHER RESULTING FROM NEGLIGENCE OR OTHERWISE.

I agree that this Waiver and Release is intended to be as broad and inclusive as permitted by applicable law. If any provision of this Waiver and Release shall be ineffective or invalid, such provision shall be ineffective or invalid only to the extent of such prohibition or the remaining provisions of this Waiver and Release, which shall remain in full force and effect.

I agree to comply with all Applicable Law during my participation in the AMBEX Study Abroad Program. “Applicable Law” shall include all federal, state and local laws, statutes, regulations, codes, ordinances, rules and/or executive orders, as amended.

I fully understand and agree that AMBEX activities may include certain risks, dangers and hazards and that my participation in such activities and/or use of such equipment (bicycles, vehicles etc.) may result in injury or illness including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. These risks and dangers may be caused by the negligence of the owners, employees, officers or agents of AMERICAN BAVARIAN EXCHANGE, the negligence of the participants, the negligence of others, accidents, the unpredictable forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, recreational activities and/or use of equipment, including wading, swimming, hiking, camping, skiing, biking, snowboarding, skating, rock climbing etc.

I confirm that I am physically capable and fit to participate in this program and I have no medical conditions or needs other than those listed on my application. I confirm that I am eighteen (18) years of age or older. (Younger participants must have a parent or guardian read and send a written notice to AMBEX that they agree to these terms.)

I further agree that AMERICAN BAVARIAN EXCHANGE or its representatives have permission and authority to address and treat medical conditions and emergencies as they deem appropriate, and I agree to pay any charges for such medical treatment, including related transportation, and will indemnify AMERICAN BAVARIAN EXCHANGE or its representatives for the same.

Please note that in the event of any legal disputes the AMBEX seat of business is located in Germany and all disputes will be tried in a German court of law.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SUBMITTING MY APPLICATION, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.