\"waiver and release\" of third parties engaged by the School District

Posted on: Mon, 08/29/2005 - 3:48am
Gail W's picture
Offline
Joined: 12/06/2001 - 09:00

Several have posted about liability waiver forms that their schools have asked them to sign re: administration of epinephrine. Has anyone been asked to sign a liability waiver for 'third parties'?

'Third parties' are workers/companies who are not directly employed by the School District but who are hired by the School District to provide services. Examples in our district of third parties include employees of the bus company (Laidlaw Bus Company), and employees of the Food Service Management Company (Chartwells). These two companies have contracts with our School District.

We have never been asked to sign any type of waiver in the past.

Recently I (all parents of 6th graders) received a waiver to sign called "consent and release for student travel". The Middle School has a 3-day overnight camp at the end of September. This is a school curriculum event that occurs during the school week. Students/staff travel 2 hours on chartered buses to a camp and stay 3 days and two nights. The entire 6th grade. Parents are asked to pay $100 to help defer expenses and the School District pays for the remainder.

Here is what the release forms states: (bold added by me)

---------------------------------------------

[i]X MIDDLE SCHOOL
CONSENT AND RELEASE FOR STUDENT TRAVEL
OUTSIDE THE METROPOLITAN AREA OR OVERNIGHT

1. The undersigned student desires and intends to participate in a X School District program which includes a trip to Camp X in (town), (state) during the week of September 26-30. 2005.

2. The student and his or her parent or legal guardian consent to the student's participation in this trip and agree to the following:

a. The School District and its employees (collectively "School District") may engage third parties, who are not employees of the School District, to provide transportation, [b]meals,[/b] lodging, and other services which the School District may decide are necessary to carry out the program.

[b]b. The student and parents release the School District from all claims which the student and/or parents may have as a result of negligence or other wrongful conduct of third parties engaged by the School District as mentioned in a., above.[/b]

c. The School District may take action considered necessary regarding the student's health and safety. In the event of an emergency affecting the student's health and/or safety which, in the judgment of the School District, requires action on the behalf of the student prior to the time the School District is able to contact the parents, such action may be taken.

[b]d. The School District may terminate the student's participation in the trip whenever, in the sole judgment of the School District, continuation of the student's participation would be detrimental to the program or to the interests of the student. The parents will reimburse the School District for the expense incurred in sending the student home prior to the conclusion of the trip.

Undersigned have subscribed this waiver and release on the _______ day of ________________, 2005.

Student's Name:___________________
Signature of Student Participant:__________________
Signature of parent or Legal Guardian:_________________
Home address:________________________

NOTE: In some instances, this form may require notarization. [/i]

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We are not inclined to sign this form. Any thoughts?

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