请教各位专家前辈,收到学校合同,其他没什么,但是里面的免责条款有些疑问,想请教一下,这是不是必需条款,感觉学校免除了一切责任追究,这是否合理呢?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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这个是美国大部分私立学校都会用的免责条款, 写的大同小异。 一般都是经过律师审批的, 不用担心。
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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.
这句话的后半部需要懂法律的人读读。如果学校有 negligence, active or passive, 都要赦免。这个合理吗?
免掉的应该是由于学校无法控制的因素而造成的损伤。I am uncomfortable with this contract.