RELEASE OF LIABILITY
In exchange for participation in the Classroom Au Pair Program, I the student, agree for myself the following:
1. I agree to observe and obey all rules, instructions, policies, directions, and warnings given by Classroom Au Pair, the partner school, and/or the venue, including the employees, representatives or agents.
2. I am eighteen years of age or older and have voluntarily applied to participate in the Classroom Au Pair program (“CAP Program”). I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing.
3. I acknowledge that the nature of the of the CAP Program may expose me to hazards or risks that may result in my illness, personal injury or death and I understand and appreciate the nature of such hazards and risks associated with my participation in the CAP Program.
4. In consideration of my participation in the CAP Program, I hereby accept all risk to my health and of my injury or death that may result from such participation, and I hereby release Classroom AuPair its agents, assigns, employees, affiliates, officers, and representatives from any liability to me, my personal representatives, estate, heirs, next of kin, and assigns for any and all claims and cause(s) of action for loss of or damage to my property and for any and all illness and injury to my person, including my death, that may result from or occur during my participation in the CAP Program, whether caused by negligence of Classroom AuPair its affiliates, officers, employees, or representatives, or otherwise.
5. I further agree to indemnify and save Classroom AuPair (including its principals, agents, affiliates and employees) harmless from and against any and all claims, demands, actions, damages, liability and expense in connection with loss of life, personal injury or damage to property arising from or out of or in any way attributable to any occurrence during classes or from CAP Program’s act of offering the classes, including from any class-action claim against the parties caused by a negligent act or omission of Classroom AuPair or its agents or employees, or by its failure to comply with law. I further agree on behalf of myself and my heirs to pay any and all legal fees to release all parties for their defense prior to initiation of any legal action on my part or on behalf of Classroom AuPair, including suits where Classroom AuPair may be impleaded with respect to the foregoing. I further acknowledge that I shall also pay all costs, expenses and attorney’s fees and costs that may be incurred or paid by Classroom AuPair in enforcing the covenants and agreements of this release. Classroom AuPair may, from time to time, demand that I furnish a defense and provide possible indemnification, and I shall comply.
6. I hereby agree to reimburse Classroom AuPair should it incur any expense(s) as a result of my participation in the CAP Program, within thirty (30) days of said expense.
7. If I am injured and/or my property is damaged and I want to make a claim, I shall file a demand before the American Arbitration Association “the “AAA”). I further agree that any and all disputes arising between myself and Classroom AuPair shall be decided by the AAA, and that I shall be responsible for all of the costs of the arbitration.
8. FORCE MAJEURE. In case of any unforeseen circumstances, making it impossible or dangerous for Classroom Au Pair to run any portions of a class, the class will be canceled, and make-up activities will take place online at a later date. These circumstances include, but are not limited to, the following “acts of God”: Natural disasters (such as hurricanes, tropical storms, earthquakes, floods or severe snowstorms), a pandemic, a declaration of war, a terrorist attack, or an unforeseeable political action.
9. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.
