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  • tjmeagher94
  • Newgookin

    • 4

    • August 16, 2016, 10:00:38 pm
    • New York, United States
Adventure Teaching liability Waiver...? (Is this normal)
« on: September 14, 2016, 06:35:52 pm »
Hello all,

Tess from Adventure Teaching sent me this liability waiver. Is this normal? Is there anything in the writing that is odd or ambiguous? I don't want to sign this unless I get a second opinion. THANKS!

"
Adventure Teaching, Inc.
LIABILITY WAIVER AND RELEASE

This document affects your legal rights.
You should read it carefully.
No participation will be granted without proper completion of this document.


PARTICIPANTíS NAME:_____________________________________________________

I, the above PARTICIPANT, being above age 18 agree as follows: 

1)   In consideration for my potential teaching placement in South Korea, through Adventure Teaching, Inc., I hereby agree to release and forever discharge Adventure Teaching, Inc., and its agents, servants, employees, officers, directors, trustees, and all other persons or entities acting on their behalf, from any and all claims, actions, damages, liability, costs or expenses, and attorney fees which are related to, arise out of, or are in any way connected to potential teaching placement in South Korea, or use of equipment or property supplied by Adventure Teaching, Inc., whether or not such claims, actions, damages, liability, costs or expenses are caused by the negligence of Adventure Teaching, Inc., or a third-party.  By this Agreement, it is my intention to surrender and waive any rights to sue or exercise any legal right to seek damages from Adventure Teaching, Inc., and its agents, servants, employees, officers, directors, trustees, and all other persons or entities acting on its behalf.

2)   I hereby certify that I will submit accurate and correct personal information requested by Adventure Teaching, Inc., which includes, but is not limited to my employment history, education background, emergency contact information, and health, physical and/or mental conditions that may be relevant to my participation in teaching in South Korea.

3)   I acknowledge that my placement in South Korea is not guaranteed.
4)   I ACKNOWLEDGE THAT ANY ACCEPTANCE AND/OR PARTICIPATION IN THE TEACHER PLACEMENT PROGRAM IN SOUTH KOREA THROUGH ADVENUTRE TEACHING, INC., IS SOLELY AT MY OWN RISK. I, ON BEHALF OF MYSELF AND MY ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, "SUCCESSORS"), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ADVENTURE TEACHING, INC., AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS, ATTORNEYS, CONTRACTORS, AND ADVERTISING/MARKETING AND PROMOTION AGENCIES (COLLECTIVELY, "RELEASED PARTIES"), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES (WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY)) RELATING TO ANY CLAIM I MAY NOW OR LATER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, "HARM") THAT MAYBE SUFFERED BY ME OR ANY THIRD-PARTY AS A RESULT OF, AND/OR IN CONNECTION WITH MY POTENTIAL TEACHING PLACEMENT IN SOUTH KOREA, THROUGH ADVENTURE TEACHING, INC., EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE "RELEASED CLAIMS").
I UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT ME AND MY SUCCESSORS FROM BRINGING ANY ACTION AGAINST ANY RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE.
5)   If any provision of this Agreement is found to be unenforceable in any respect by a court of competent jurisdiction, it is my intention and understanding that this Agreement will nonetheless be enforced to the maximum extent to which it is found to be legally enforceable. TO THE EXTENT PERMITTED BY LAW, I WAIVE THE BENEFIT OF ANY PROVISIONS OF ANY STATUTE OR OTHER LAW THAT MIGHT ADVERSELY AFFECT THE RIGHTS OF ANY RELEASED PARTY UNDER THIS AGREEMENT.
6)   This Agreement will be governed by the laws of the state of Washington, U.S.A, without reference to its choice of law rules to the contrary. I irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any claim or suit arising out of or in connection with this Agreement, and agree not to commence or prosecute any such claim or suit other than in the aforementioned courts. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE CONTEST OR ANY OF THE RELEASED CLAIMS.
7)   This Agreement embodies the entire agreement between Adventure Teaching, Inc., and me with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between me and Adventure Teaching, Inc., or any other Released Party, with respect to such matters. This Agreement may not be amended or supplemented except by a writing signed by Adventure Teaching, Inc., specifically referencing this Agreement.

8)   I hereby certify that I am over 18 years of age.  I have carefully read the foregoing and acknowledge that I understand and agree to all the above terms and conditions.  Prior to signing this Agreement, I have had the opportunity to ask any and all questions.  I am aware that by signing this Agreement, I assume all risks and waive and release certain substantial rights that I may have or possess.

Participantís Name:   _____________________________________________________

Address:                              

Telephone Number/E-mail:                        

Driverís License No.:   _____________________________________________________



Participantís Signature:                           

Date:                                 


"


Re: Adventure Teaching liability Waiver...? (Is this normal)
« Reply #1 on: September 14, 2016, 06:48:23 pm »
On the one hand, I can see that the recruiting agency is simply trying to cover their a**.  On the other, what kind of schools are they dealing with that they feel they need to absolve themselves of any responsibility in what my happen by placing teachers at these schools?


  • KimDuHan
  • Hero of Waygookistan

    • 1252

    • January 15, 2015, 11:48:59 am
    • Seoul
Re: Adventure Teaching liability Waiver...? (Is this normal)
« Reply #2 on: September 14, 2016, 07:06:47 pm »
Don't sign that it's basically a waiver to stop you from suing them. They will put you in a hagwon from hell and say you knew the risks. The school could be 100% illegal but with the waiver it's not the recruiters fault it's yours.

Followed by please understand our unique situation...


Re: Adventure Teaching liability Waiver...? (Is this normal)
« Reply #3 on: September 14, 2016, 08:12:33 pm »
Must be quite an adventure.
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    Trump is a liar and a con man.
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Quote from Mr.DeMartino on June 14, 2019 at 02:28:07 pm
Donald Trump is a lying sack of shit


  • DrPeppero
  • Adventurer

    • 68

    • August 06, 2012, 09:01:58 am
    • Incheon
Re: Adventure Teaching liability Waiver...? (Is this normal)
« Reply #4 on: September 15, 2016, 09:00:33 am »
I remember the first time I applied through them. I ended up at a great school but there wasn't much they could do for me after the year was over.