Splendid China Highlights
Tour
Agreement and Release - Sp 05
(last modified 1/16/05)
Tour participants are to read the following, sign at bottom
and return to Dr. Gary Mahan when final payment is made on or before 12 March
2005.
1.
I, the undersigned (or my parents or guardian if
I am a minor), an applicant for Splendid China Study Tour of Gannon University,
acknowledge that the terms and conditions appearing in the program brochure or
itinerary descriptions constitute part of my agreement with Gannon, including
sections concerning responsibility, refunds and changes in dates,
accommodations and courses.
2.
I waive and release all claims against Gannon
University, including any person or entity employed or utilized by Gannon
University for any injury, loss, damage, accident, delay or expense resulting
from events beyond its control, including (without limitation) acts of God,
war, strikes, incidents of politically-motivated violence, sickness or
quarantine, government restrictions or regulations or, in the absence of its
own negligence, arising from the use of any vehicle or from the selection or
any act or mission of a steamship, airline, railroad, bus company, taxi
service, hotel, restaurant, school, university or other firm, agency, company
or individual.
3.
I understand that I am responsible for
exercising caution and common sense at all times to avoid injuries. I further
understand that Gannon is not responsible for any injury or loss whatever
suffered by me during periods of independent travel (which I understand are
unsupervised) or during any absence from the scheduled tour or other
activities. I expressly acknowledge and
agree that I (and anyone claiming through me) shall have no rights whatsoever,
directly or indirectly, under any theory at law or in equity against Gannon University
except for refunds in the circumstances described here,
4.
I hereby grant Gannon University and its agents full
authority to take whatever actions they may consider to be warranted due to any
international or political unrest, personal emergency or other event regarding
my health and safety, and I fully release each of them from any liability for
such decisions or actions as may be taken in connection therewith. I authorize Gannon
University and its agents at their
discretion to place me at my own (or my parents’) expense and without my
further consent in a hospital within or outside the United States for medical services
and treatment, or if no hospital is readily available, to place me in the hands
of a local medical service and treatment.
If deemed necessary or desirable by Gannon
University or its agents, I authorize
them to transport me back to the United States by commercial airline
or otherwise at my own (or my parents’) expense for medical treatment. In the
event Gannon University or its agents advance or loan
any monies to me or incur special expense on my behalf while I am abroad, I
(and my parents’) agree to make immediate repayment upon my return.
5.
I will comply with Gannon University
rules, standards and instructions for student behavior. I hereby waive and release all claims against
Gannon University
and its agents arising at a time when I am not under the direct supervision of Gannon University
or its agents or arising out of my failure to remain under such supervision or
to comply to indemnify Gannon and its agents against any consequences
thereof. I agree that Gannon University
shall have the right to enforce appropriate standards of conduct and that it
may at any time terminate my participation in Gannon’s program for failure to
maintain these standards or for an actions or conduct which Gannon University
considers to be incompatible with the interest harmony, comfort and welfare of
other students. If my participation is
terminated, I consent to being sent home at my own (or my parents’) expense
with no refund of fees. I also
understand that, if l leave the program voluntarily for any reason, there will
be no refund of fees already paid.
6.
On group tours or other activities arranged by Gannon University
I will accept the will of the majority whenever a matter of choice is presented
to the group. I will also accept in good
faith the instructions and suggestions of Gannon or its agents in all matters
relating to Gannon’s program or the personal conduct of program
participants. I understand that from
time to time Gannon’s publicity material may include statements by its students
and/or their photographs, and I consent to such use of my comments and
photographic likeness. I further agree
to the release of my name and address to other participants.
7.
I understand
that Gannon University reserves the right to make cancellations, changes or
substitutions in cases of emergency or changed conditions or in the interest of
each group, including the right to cancel the tour in the event that the US
State Department issues a travel warning on travel to China and/or as the
result of any event that is deemed to affect the safety of traveling
abroad. I understand and accept that it
is my responsibility to obtain all visas and required documents. I shall hold Gannon University
harmless in the event I cannot obtain the necessary documents for
participation. All references in the Agreement and Release to Gannon University
and it agents shall include Gannon University and all of its officers,
directors, staff members, campus directors, chaperones, group leaders,
teachers, host schools or school officials, employees, agents and affiliated
companies. All references herein to the
“parents” of the applicant shall include the legal guardian of other adult
responsible for the applicant. This
agreement will be effective when my application is accepted by Gannon University
and shall be governed by the laws of the State of Pennsylvania. I understand that my agreement with Gannon University
cannot be modified or interpreted except in writing and that no oral
modification or interpretation shall have any validity.
Participant Date
Parent or Guardian (if minor) Date