College of Business and Economic Development Risk Assumption, Compliance, Liability Release and Indemnification Form

ACKNOWLEDGEMENT OF RISK AND COMPLIANCE

Please acknowledge your understanding that COVID-19 is a global pandemic  causing significant uncertainty and increased health risks associated  with international and domestic travel. If accepted to participate in a  study abroad/away program, you must confirm understanding of specific risks and agree to comply with all policies set forth by The University of  Southern Mississippi (USM), its partner institutions, as well as  requirements in the host country or city.  

ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION

I   desire and have requested to participate in the University of Southern   Mississippi's Study Abroad/Away Program. I understand and acknowledge that my participation in the Program is wholly voluntary. The  University  of Southern Mississippi (referred to herein as the  \"University\") has  agreed to let me participate in the Program and, in  consideration of  being allowed to participate in the Program, I agree  to the following:

1. Risks of Education Abroad/Away.
   • I  understand that participation in the University of Southern  Mississippi's Credit Abroad/Away Program involves risks, hazards, and dangers not found in the United States or in study at the University. I am aware of, understand, acknowledge, and appreciate that these risks,  dangers, and hazards involve traveling to and within, and returning from, one or more foreign countries; foreign political, legal, social,  and economic conditions; different standards of design, safety, and maintenance of machinery, utilities, facilities, buildings, public places and conveyances; and local sanitation, medical, and weather conditions.
   • I am aware of, understand, acknowledge, and appreciate that the risks, hazards, and dangers of travel to, in and around any foreign country can involve dangers to my own health and personal safety, loss or damage to my property, personal injury, or death as a result of war, terrorism, crime, civil unrest, political instability, kidnapping, illness, public health risks, accidents, and violence. I have read and understand all applicable current travel advisories and information materials issued by the U.S. Department of  State and the Center for Disease Control regarding my intended travel.  This includes the Worldwide Travel Caution, issued by the U.S.  Department of State, alerting travelers to the possibility of terrorist activities, political violence, and criminal activity abroad. Further, I  have made my own investigation, and I am willing to accept these risks,  hazards, and dangers.
2. Health and Safety.
   • I  understand that I am responsible for providing health insurance for myself for the duration of the program.  I understand that it is my responsibility to bring proof of insurance and that the University bears no responsibility for providing coverage during the program.  
   • I  acknowledge and recognize that the University will not have medical personnel available in the countries/cities where I will be located; is not obligated to attend to any of my medical or medication needs; and I  assume all risk and responsibility, therefore. If I require medical treatment or hospital care in a foreign country or in the United States during my participation in the Program, the University is not responsible for the cost or quality of such treatment or care. I hereby grant permission to the University to authorize emergency or other medical treatment on my behalf and that the University may (but is not obligated to) take any action it considers to be warranted under the circumstances regarding my health and safety. I understand and agree that the University assumes no responsibility for any injury or damage which might arise out of or in connection with such medical treatment. I  agree to pay all expenses related thereto and hereby release the  University from any liability for any such actions.
   • I represent to the University and warrant that I have reviewed any Physical Demands listed on my study abroad/away program’s brochure. I will consult with a  medical doctor with regard to my personal physical and mental condition and any related medical needs. I agree to report to my program director/instructor any physical or mental condition I have which may require special medical attention or accommodation during the program as early as possible but no later than the Physician’s Release form deadline. I understand and agree that a statement of the Physician’s  Release form by a doctor that I am not approved for participation in the study abroad/away Program does not result in a refund of my payments,  and I remain subject to the Withdrawal Policy. Failing to disclose any pre-existing conditions which disrupt my participation in the program could result in dismissal from the program.
3. Changes to Program and Responsibility.
   • I  understand and acknowledge that the University does not represent or act as an agent for, and cannot control the acts or omissions of, any host institution, host family, transportation carrier, hotel, tour organizer, tour guide, or other provider of goods or services relating to the Program.
   • I understand and acknowledge that the University has the right to make changes to the Program (including transportation,  accommodations, equipment, or alterations in the course content and proposed itinerary) at any time and for any reason, with or without notice, and the University shall not be liable for any loss to me whatsoever by reason of any such cancellation or change. The University  is not responsible for penalties assessed by air, land, water carriers,  or other transportation that may result due to operation or itinerary changes, regardless of whether the University makes such arrangements.  The University has the right to substitute hotels, accommodations or housing of a similar category at any time.
   • I understand and acknowledge that the University assumes no responsibility or liability,  in whole or in part, for: any delayed or changed departure or arrival times; fare changes, dishonors of hotel, airline or vehicle rental reservations; missed carrier connections; sickness, disease, injuries  (including death), losses, damages, weather, strikes, acts of God,  circumstances beyond the control of the University, force majeure, war,  quarantine, civil unrest, kidnapping, public health risks, criminal activity, terrorism, expense, accident, injuries, damage to and lost property; bankruptcies of airlines or other service providers;  inconveniences, cessation of operations, mechanical defects, failure or negligence of any nature howsoever caused in connection with any  accommodations, restaurant, transportation, or other service or for any substitution of hotels or of common carriers, with or without notice; or for any additional expense occasioned by any of the foregoing. If due to weather, flight schedules or other uncontrollable factors I am required to spend additional nights, the University will not be  responsible for my hotel, transfers, meal costs or other expenses. My baggage and personal property are transported at my risk entirely.
   • The  University has the right, in its sole discretion, to cancel the Program or any aspect thereof prior to departure; and, in the University's sole discretion, to cancel the Program or any aspect thereof after departure, requiring that all participants return to the United States/point of origin if the University determines or believes that any person is or will be in danger if the Program or any aspect thereof is continued. If the Program is changed or cancelled, the only responsibility of the University is to refund to me all uncommitted monies and deposits I have paid to the program. If changes in the Program are minor, the University does not have to refund any amounts to me.
4. Independent Activity.
   • I acknowledge and understand that I might spend time away from the  Program's location, or participate in an activity that is not a planned part of the program (such as a field trip).
   • I acknowledge and understand that in the event I become detached from the Program group;  fail to meet a departure bus, airplane, or train; or become sick or injured, I will bear all responsibility to seek out, contact, and reach the Program group at its next available destination; and that I shall bear all cost attendant to contact and reaching the Program group at its next available destination.
   • I hereby acknowledge and understand that my participation in these activities is not required by the University and is wholly voluntary. I understand and acknowledge that I may face additional and increased risk of injury or death due to civil unrest, violence, terrorism, crime, illnesses, kidnapping, or political instability by traveling away from the Program's location. I hereby assume, knowingly and voluntarily, each of these risks and all other risks that could arise out of or occur during such travel the same as if I was traveling alone.
5. Standard of Conduct.
   • I  have read, understand and acknowledge that the University's policies on Alcohol, Drug Use, Sexual Misconduct, and the Student Code of Conduct apply whether I am on the home campus or abroad/away. I also agree to abide by these policies and agree that any violation of these policies may result in my immediate dismissal from the Program.  I understand and agree that if dismissed from the Program, I am responsible for all expenses incurred in returning to the United States/point of origin and that my return will be unescorted.  
   • I understand and acknowledge that each foreign country/region/city has its own laws and standards of acceptable conduct, including dress, manners, morals, politics, drug use, and behavior.  I am aware that, as a guest in a foreign country or different region, there is certain behavior that is considered unacceptable and could lead to possible legal action or disruption of my participation in the Academic Program. I recognize that behavior which violates those laws or standards could harm the University's relations with those countries/regions and the institutions therein, as well as my own health and safety. I will become informed of, and will abide by, all such laws and standards for each  country/region/city to or through which I will travel during my participation in the Program, including attending any and all Program orientation meetings and reading all materials the Program provides. I assure the  University that I shall act in an appropriate manner at all times, regardless of whether I am in the company of other Program members or physically separated from Program members.
   • I understand and acknowledge that the University prohibits certain behaviors and activities because they carry potential unacceptable risk both to the  participant and to the University. Such activities include, but are not limited to: bungee jumping; participating in protests, political demonstrations, or riots; scuba diving (unless required for the course);  renting and operating motor vehicles of any type; and solitary travel.   I acknowledge that I have been alerted to the dangers of such activities during orientation and as necessary throughout the program.  Furthermore, I acknowledge that if I do engage in any of these risky activities, I am doing so outside the auspices of the University’s Credit Abroad/Away Program and I acknowledge that the University assumes no financial responsibility for legal aid, medical care, and other direct or indirect expenses incurred as a result of a student’s decision to engage in such risky activities.
   • I understand and acknowledge that the Program Director/Instructor will be the sole judge of whether my actions are detrimental to the Program, myself, others in the Program or seriously offend the host culture. If they do, the Program director/instructor or the director/instructor's designee may terminate my participation in the Program.  I understand and acknowledge that should my participation in the Program be terminated, I will receive no refund of any fees, I am required to leave the Program immediately, and that I am solely responsible for arranging and paying for my own transportation back to the United States/point of departure.
   • I  acknowledge that studying abroad/away includes an application process, and this process involves a variety of forms and guidelines to adhere to.  I agree to complete all required forms and follow all guidelines and that my failure to respect the process or those administering the  process can result in the withdrawal of my application by the Program Director/Instructor.
6. Legal Problems.
   • Legal  Problems. I acknowledge and understand that should I have or develop legal problems with any foreign nationals or government of another country or with the same domestically, I will attend to the matter personally with my own personal funds. The University does not guarantee what, if any, assistance can be provided under such circumstances and is not responsible for providing any assistance under such circumstances.
7. Reproduction of Records.
   • The  Program may reproduce and use for educational purposes without compensation all photographs, videos, movies, or sound recordings taken of me or written materials and documents, except examinations and class papers submitted by me during the time I participate in the Program.
8. Assumption of Risk.
   • Knowing the risks, dangers, and hazards described above, and in consideration of being permitted to participate in the Program, I agree on behalf of myself, my family, heirs, successors, assigns and personal representatives, to assume all of the risks, dangers, hazards, and responsibilities surrounding my participation in the Program, the transportation, and any independent activities or research arising out of my participation in the Program, the same as if I was traveling alone.
9. Release of Liability.
   • To the maximum  extent permitted by law, on behalf of myself, my family, heirs,  successors, assigns and personal representatives, hereby release, forever discharge, and covenant not to sue the University, its governing board, officers, employees, agents, and representatives (in their official and individual capacities) from any and all liability whatsoever, which may arise as a result of negligence on the part of the  University, and from and against any and all liability for any harm,  injury, damage, claims, demands, actions, causes of action, costs, and expenses of any nature (including attorney fees) that I may have or that may hereafter accrue to me, arising out of or related to any loss, damage, or injury, including but not limited to, suffering and death, that may be sustained by me or by any property belonging to me, which  arise out of, result from, occur during, or are connected in any manner with my participation in the Program, any related or independent travel, any activities, or field trips, regardless of whether they are  sponsored, supervised or controlled by the University, and regardless of  whether such liability or damages arise as a result of negligence on the part of the University, its governing board, officers, employees, agents, and representatives (in their official and individual capacities).
10. Indemnification.
    • I, on behalf of myself, my family, heirs, successors, assigns and personal representatives, hereby agree to indemnify, defend and hold harmless the University and its governing board, officers, employees, agents, and representatives (in their official and individual capacities) from any and all liability for any harm, injury, damage, claims, demands, actions, causes of action, costs, and expenses, including attorneys fees, that may result from, arise out of, occur during, or are in any way connected with my participation in the Program, any related or independent travel, any activities or field trips, regardless of whether they are sponsored, supervised or controlled by the University.
11. Survival of Terms.
    • It is my express intent that this Assumption of Risk, Release and  Indemnification agreement shall bind the members of my family and spouse, if I am alive, and my estate, family, heirs, administrators,  personal representatives, or assigns, if I am deceased, and shall be deemed as a \"Release, Waiver, Discharge and Covenant\" not to sue the above-named parties.  I further agree to save and hold harmless, indemnify, and defend those parties from any claim by me or my family, arising out of my participation in the Program, any related or independent travel, any activities or field trips, regardless of whether they are sponsored, supervised or controlled by the University.
12. Choice of Law.
    • I  agree that this Assumption of Risk, Release and Indemnification is to be construed and governed under the laws of the State of Mississippi. I further agree that any dispute concerning my participation in the Program shall be adjudicated exclusively in the state or federal courts of the state of Mississippi and I hereby consent to the jurisdiction of the same.  It is my expressed desire and agreement that if any portion of this agreement is determined by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any law, the rest of this agreement shall not be affected, that it shall continue in full legal force and effect, and that it be enforced to the fullest extent of the  law.

In signing this document, I hereby represent to the University and acknowledge that I have read this entire document, that I understand  its terms, that by signing it I am giving up substantial legal rights I might otherwise have, and that I have signed it knowingly and voluntarily.  No oral representations, statements, or inducements, apart  from the foregoing written statement, have been made.  I understand that the University does not require me to participate in this activity, but I  want to do so, despite the possible dangers and risks and despite this Release.  I further state that I am at least eighteen (18) years of age and fully competent to sign this Agreement; and that I execute this release for full, adequate, and complete consideration of being permitted to participate in the Program, fully intending to be bound by  it.