請教各位專家前輩,收到學校合同,其他沒什么,但是里面的免責條款有些疑問,想請教一下,這是不是必需條款,感覺學校免除了一切責任追究,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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這個是美國大部分私立學校都會用的免責條款, 寫的大同小異。 一般都是經(jīng)過律師審批的, 不用擔心。
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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。如果學校有 negligence, active or passive, 都要赦免。這個合理嗎?
免掉的應該是由于學校無法控制的因素而造成的損傷。I am uncomfortable with this contract.