General Assumption Of Risk, Waiver, And Release
I, the person signing this Release Agreement, now voluntarily enter into this Release Agreement ("Release") with Bethel University (BU) and/or Global Citizen Adventure Corps (GCAC).
BU/GCAC are offering an opportunity that involves foreign and domestic travel (the Program).
I have voluntarily registered for the Program. I understand that my participation in the Program is voluntary.
In order for BU/GCAC to permit me to participate in the Program, it is required that I enter into this Agreement. In consideration of BU/GCAC allowing me to participate in the Program, which I agree is full and adequate consideration, I now enter into this Release Agreement, fully intending that I will be legally bound by it.
I now agree on behalf of myself and my heirs, assigns, personal representative, and estate to expressly release and defend, discharge, and indemnify BU/GCAC (its employees, officers, directors, agents, members, volunteers, affiliates, subsidiaries and assigns) for any personal injury or property damage related to or occurring as the result of my participation in the Program, or while traveling to and from the Program site. I further represent that I am 18 years of age or older, have the authority to execute this Agreement, and that I am not under guardianship, conservatorship or any other legal authority.
I recognize that the Program involves risks, both known and inherent risks and unknown or unanticipated risks. My participation in the Program could result in damage to or loss of my personal property and serious physical or emotional injury to me, up to and including death. These risks include but are not limited to risks involved in air and ground transportation, differences in living conditions, diet, water quality, pollution, climate, political stability, and crime control. I will experience a different cultural environment while traveling in the course of the Program, which may include different cultural stereotypes or expectations, sexual harassment, or other uncomfortable situations. While representatives of BU/GCAC will make reasonable efforts under the circumstances to respond to any of my health care and personal safety needs, I understand that any care or protection provided may differ significantly from care or protection available in the United States. Other risks are described by the U.S. Department of State at
https://travel.state.gov/content/travel.html.
All of these risks are listed as examples and I understand that listing these examples is not a limitation of the potential hazards. BU/GCAC has not attempted to include an exhaustive list of the risks which I may encounter while participating in the Program. Knowing this, it is my intention for this Release to be interpreted as broadly as the law permits in favor of BU/GCAC regardless of whether any particular risk which may result in an injury to me is specifically listed in this agreement.
If BU/GCAC or anyone acting on its behalf incurs attorney’s fees and costs to enforce this agreement, I agree to hold BU/GCAC or the party acting on its behalf harmless from and to indemnify them for, all such fees and costs. I also agree that substantive Tennessee law (and not only conflict of law rules) rather than the law of any other state or jurisdiction shall be applied in any legal action involving the interpretation, validity and/or enforceability of this agreement. I agree that any legal action resulting from my participation in this program shall be brought only in Weakley County, Tennessee. Every term and provision of this Release is intended to be severable. If any provision is found to be unenforceable or invalid, all of the other terms and provisions of this Release shall remain in full force and effect.
I certify that I have insurance to cover injury or damage I may cause or suffer while participating in the Program, or else I agree to bear the cost of such injury or damage myself. I further certify that I have no medical, physical, emotional conditions, which could interfere with or compromise my safety during the course of the program, or else I am willing to assume and bear the cost of all risks that may be created directly or indirectly by any such conditions.
This Release is a contract with legal consequences. By signing this document, I acknowledge that if personal injury or property damage occurs during participation in this Program, I may be found by a court of law to have waived my rights and any rights of my heirs, assigns, personal representative, and estate to maintain a lawsuit against BU/GCAC on the basis of the claims I am releasing. I have had sufficient opportunity to read this document in its entirety. I understand this Release Agreement and I agree to be bound by its terms.
Traveling in the COVID-19 era
As of May 1, 2022, visitors to Colombia ages 18 or older will need to provide proof of complete vaccination for entry or a negative COVID test (48 hours in advance of travel for an antigen test or 72 hours in advance of travel for a PCR test).
Travelers should be prepared to show their original, physical vaccination card or digital certificate both at airline check-in and when passing through Colombian Immigration. The vaccination document must include the individual’s full name, date of vaccination, name of the vaccine administered, and the number of doses administered. A photo of one’s vaccination card may not be accepted. If you completed your vaccination scheme within 14 days before entry to Colombia you will also need to have an antigen test 48 hours prior to arrival or a PCR test 72 hours prior to arrival in Colombia.
Travelers must complete Migración Colombia’s online Check-Mig form within 72 hours of boarding an inbound or outbound flight from Colombia. If the normal form’s website is down travelers can find a contingency website here.
COVID-19 ASSUMPTION OF RISK, WAIVER, AND RELEASE
ASSUMPTION OF RISK: I understand that while Bethel University and Global Citizen Adventure Corps (BU/GCAC) have undertaken reasonable steps to lessen the risk of transmission of COVID-19 in connection with the study abroad program, they are not responsible in any manner for any risks related to COVID-19 in connection with the study abroad program. I understand that the World Health Organization has classified the COVID-19 outbreak as a pandemic. I further understand that COVID-19 is a highly contagious and dangerous disease and that contact with the virus that causes COVID-19 may result in significant personal injury or death. I am fully aware that participation in this study abroad program (including any related travel) carries with it certain inherent risks related to COVID-19 transmission that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying COVID-19; (2) the risk of transmitting or contracting COVID-19, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from COVID-19 or the treatment thereof. Further, I understand that the risks of COVID-19 are not fully understood, and that contact with, or transmission of, COVID-19 may result in risks including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. I hereby voluntarily accept and assume all risk of loss, personal injury, sickness, death, damage, and expense arising from such Inherent Risks.
WAIVER AND RELEASE: In consideration of my participation in this study abroad program, I (being 18 years of age or older) do hereby forever release, waive, discharge, covenant not to sue, and hold harmless BU/GCAC and each and every one of their past, current and future officers, directors, employees, members, volunteers, contractors, representatives, parents, owners, affiliates, agents, successors and assigns (the “Releasees”), from any and all damages, injuries, losses, liability, claims, causes of action, litigation or demands, including, but not limited to, those for personal injury, illness, death, property damages, expenses or other consequences resulting directly or indirectly from or in any manner arising out of, related to, or in connection with COVID-19 and in connection with my participation in a BU/GCAC program or any travel related thereto. I further covenant not to sue BU/GCAC in connection with any of the claims released herein.
This Agreement (and the waiver and release set forth herein) shall also be binding on my heirs, executors, administrators, assigns, successors, and all other persons who may claim through me. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by applicable laws and that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. This Agreement contains the entire understanding of the parties relating to the subject matter, and shall not be altered, modified, amended, waived, or supplemented in any manner whatsoever except by a written agreement signed by both parties hereto or their duly authorized representatives. This Agreement may be executed, made, and delivered electronically.
To the maximum extent permitted by applicable law, I (a) covenant and agree not to elect a trial by jury with respect to any issue arising out of or relating to this Agreement that is triable of right by a jury, and (b) waive any right to trial by jury with respect to such issue to the extent that any such right exists now or in the future. This waiver of the right to trial by jury is given knowingly and voluntarily.
I have carefully read this Assumption of Risk, Waiver, and Release before agreeing to it and enter into it voluntarily in consideration of the opportunity to participate in this study abroad activity. I acknowledge that I am giving up legal rights and/or remedies that may be available to me.