請(qǐng)教各位專家前輩,收到學(xué)校合同,其他沒什么,但是里面的免責(zé)條款有些疑問(wèn),想請(qǐng)教一下,這是不是必需條款,感覺學(xué)校免除了一切責(zé)任追究,這是否合理呢?原文如下:
WAIVER OF LIABILITY: It is expressly agreed that the participation by our child in any activities of School, including but not limited to class, recess, physical education, dining, sports, schoolsponsored trips away from campus, and any other school related activity of extracurricular activity, and the use of any school facility or property, shall be undertaken at our child's own risk. ****School, its servants, agents and employees, shall not be liable for any claims, demands, injuries, damages, actions or causes of action whatsoever to us or our child or our property or our child's property arising out of, or connected with our child's being at ***School. We do hereby expressly forever release and discharge ***School, its agents, employees, and trustees from all such claims, demands, injuries, damages, actions or causes of action, and from all acts of active or passive negligence on the part of *** School, its agents, employees or trustees.
We, the undersigned, acknowledge our agreement with the policies and practices of ***School, both in the annual enrollment contract procedure and with the guidelines set forth in the Student and Parent Handbook which can be found on the school's website under Parents or on RenWeb under School Information - Resource Documents.
We, the undersigned, give consent to the release of our child's name and image to the media for athletic, artistic and academic achievements and to the use of his/her photograph in the production of school publications, advertisements, promotional materials, and social media.
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這個(gè)是美國(guó)大部分私立學(xué)校都會(huì)用的免責(zé)條款, 寫的大同小異。 一般都是經(jīng)過(guò)律師審批的, 不用擔(dān)心。
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We do hereby expressly forever release and discharge ***School, its agents, employees, and trustees from all such claims, demands, injuries, damages, actions or causes of action, and from all acts of active or passive negligence on the part of *** School, its agents, employees or trustees.
這句話的后半部需要懂法律的人讀讀。如果學(xué)校有 negligence, active or passive, 都要赦免。這個(gè)合理嗎?
免掉的應(yīng)該是由于學(xué)校無(wú)法控制的因素而造成的損傷。I am uncomfortable with this contract. -
不好意思,因?yàn)榫W(wǎng)站問(wèn)題不能刪除,所以說(shuō)明一下:我發(fā)郵件給學(xué)校問(wèn)了,學(xué)校很快給了令人滿意信服的回復(fù),所以這個(gè)問(wèn)題不用問(wèn)啦!