367.5 Risk Management & Off Campus Programs

367.5 Risk Management & Off Campus Programs

A. Background

As the University's engaged learning programs have grown, so have off campus activities supporting these programs. As described in File 367.1 of the University Policies and Procedures, insurance coverage is in place for programs that take place on or off campus. Risks involved with off campus programs are greater and more difficult to control, and additional precautions are needed to best protect the University, its students, faculty, and staff.

B. Policy

Program directors are responsible for assessing the risks involved with the management of their off campus programs and for collecting and maintaining files of Consent, General Release, and Indemnity Agreements according to the following guidelines.

C. Guidelines

1. Consent, General Release, and Indemnity Agreements are not required for faculty and staff travel. Furman employees are adequately covered by insurance and this coverage includes General Liability, Foreign Liability, Excess Liability, and Workers' Compensation insurance.

2. Consent, General Release, and Indemnity Agreements are required any time a student leaves campus as part of some Furman related course, organization, or activity. This includes, but is not limited to, internships, off campus research, courses involved in service learning, and class field trips. It is recommended that this also apply to activities that are not officially sponsored by the University but for which a University official or other employee has had any part in advising, or assisting the student, if the advice could be construed by a jury to be professional advice. A template of the form is attached.

3. Signatory Requirements:

a. Consent, General Release, and Indemnity Agreements for students traveling to other countries, and all students under the age of 18 will require the signatures of parents, or guardians, and witnesses. Both parents should sign when available. In the case of divorce, the parent who has custody must sign.

b. Consent, General Release, and Indemnity Agreements for students 18 and older who are traveling within the United States will require the signature of the student traveler only.

4. Courses or programs that require students to leave campus several times during the term for field trips or similar activities may fulfill this requirement by securing one release at the beginning of the term. The release should be clearly worded to cover the activity for the full term of the course or program. Two examples of this are intern programs that require repetitive visits, and CESC travel.

5. The attached template provides the basic information required of all off campus programs, notably a "release" section, the language of which should not be altered unless approved by the Director of Administrative Services. Additional space is provided for the program director to include other important provisions and agreements.

6. The program director should keep a file of the Consent, General Release, and Indemnity Agreements for no less than two years.

7. Questions about the administration of this policy should be directed to the Director of Administrative Services or the Insurance Assistant.

CONSENT, GENERAL RELEASE, AND INDEMNITY AGREEMENT

We, the undersigned, hereby make application to Furman University (herein called "Furman") for the Participant to participate in ___________________________________________________ Program.  This program will include travel to ___________________________________________________, and will begin on _________________________ and end on __________________________.

(Add other important provisions of the program here)

In consideration of the acceptance of such application and permission for the Participant to so participate, and for other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the undersigned hereby jointly and severally agree to:

1.  Release, discharge, exonerate and absolve Furman, its officers, trustees, instructors, employees, agents, representatives, successors and assigns from any and all responsibility for, and agree to indemnify each thereof against and hold them harmless from, any and all obligations, liabilities, claims, demands, costs and expense, including reasonable attorney's fees, arising out of or in any way connected, directly or indirectly, with any of the following:

A.  Any and all claims of whatever kind and nature for injury, loss, damage, accident, delay, irregularity, or expense arising from the use of any vehicle or service, strikes, war,  weather, sickness, quarantine, government restrictions or regulations, or from any act of omission of any common carrier, airline, watercraft, railroad, or bus;

                B.  Any intentional or unintentional injury or damage, whether or not resulting in death, to the Participant or the parents or guardian, whether caused by some third party or third person, or caused in whole or in part by the Participant, whether alone or together or in association with others, to any other person or persons;

                C.  Any intentional or unintentional damage or injury to property, whether personal, real or mixed, owned or used by or in the custody or possession of the Participant, whether caused by some third party or third person, or caused in whole or in part by the Participant, whether alone or together with or in association with others;

D.  Any financial or other obligation incurred by the Participant during the study or travel program, including without limitation, obligations or liabilities incurred by the Participant in any country in which the study and/or travel program take place;

E.  The taking, processing, publishing or otherwise using of photographs of the Participant, either alone or with others, in any way deemed desirable by Furman in its sole discretion; Furman being hereby granted full permission to so take and use photographs of the Participant.

2.             (Add other legal agreements here)

The undersigned Participant and parents or guardian hereby consent and agree not to sue or bring suits or equitable action of any kind against Furman University or any of its officers, trustees, instructors, employees, agents, representatives, successors and assigns for or in any matter covered by the foregoing consent, general release and indemnity agreement.

                We, the undersigned, hereby certify that we each have read the (syllabus, descriptive literature, brochure) for this program and agree without reservation to all the conditions of operation and deportment set forth therein.

                In WITNESS WHEREOF, the undersigned have hereunto affixed their respective signatures this _________________________ day of _________________________, 20_____.

WITNESSED BY:

  As to Participant

(1)______________________________________                 _____________________________________

                                                                                                                Print Name of Participant

(2)______________________________________                 _____________________________________

                                                                                                                Signature of Participant                          (Seal)

WITNESSED BY:

  As to Father or Guardian

(1)______________________________________                 _____________________________________

                                                                                                                Print Name of Father (or Guardian)

(2)______________________________________                 _____________________________________

                                                                                                                Signature of Father (or Guardian)        (Seal)

WITNESSED BY:

  As to Mother or Guardian

(1)______________________________________                 _____________________________________

                                                                                                                Print Name of Mother (or Guardian)    

(2)______________________________________                 _____________________________________

                                                                                                                Signature of Mother (or Guardian)       (Seal)

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