Monday, April 07, 2008

We live in a disturbingly litigious society...

And Texas A&M seems keenly aware of that fact. An excerpt or two from their "Camp and Enrichment Program Waiver, Indemnification, and Medical Treatment Authorization Form" which accompanied their little promotional booklet in the mail advertising their Summer Honors Invitational Program:

1. EXCULPATORY CLAUSE. In consideration for receiving permission to participate in any and all activities of Summer Honors Invitational Program (herein referred to as "activity"), which is sponsored by Texas A&M University Honors Programs, (herein referred to as "sponsor"), I hereby release, waive, discharge, covenant not to sue, and agree to hold harmless for any and all purposes sponsor, The Texas A&M University System, the Board of Regents for the Texas A&M University System, Texas A&M University, and their members, officers, servants [sic], agents, volunteers, or employees (herein referred to as RELEASEES OR INDEMNITEES) from any and all liabilities, claims, demands, injuries (including death), or damages, including court costs and attorney's fees and expenses, that may be sustained by me/my child while participating in such activity, while traveling to and from the activity, or while on the premises owned or leased by RELEASEES, including injuries sustained as a result of the sole, joint, or concurrent negligence, negligence per se, statutory fault, or strict liability of RELEASEES. I understand this waiver does not apply to injuries caused by intentional or grossly negligent conduct.

2. Indemnity Clause. I am fully aware that there are inherent risks to my child/myself and others involved with this activity, including but not limited to cuts, ankle sprain, etc,, and I choose to voluntarily participate/allow my child to participate in said activity with full knowledge that the activity may be hazardous to me/my child and my property....

[...]

6. Voluntary Signature. In signing this agreement I acknowledge and represent that I have read it, understand it, and sign it voluntarily as my own free act and deed; sponsor has not made and I have not relied on any oral representations, statements, or inducements part from the terms contained in this agreement....I understand I can choose not to sign this document and free myself and my child from its terms and the associated risks of the activity simply by not participating in the activity and choosing some other activity available to me/my child that has a lower level of risk to myself/my child....


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