REED-APPROVED STUDY PROGRAM AGREEMENT
As a condition of acceptance to a Reed-approved study program, applicants agree with Reed College (“the College”) to the following terms: 1) Reed offers students the opportunity for study off-campus through universities and institutions that have been reviewed and approved by the College. Students participating in these programs should look to the host institution or university for support with matters such as health, safety, housing, and financial responsibilities and must adhere to all policies regarding academic and personal behavior of the host institution or university; 2) In addition to responsibility for adherence to the rules and regulations of the host institution or university, Reed study participants acknowledge the responsibility to abide by the laws and customs of the host country and any other governmental jurisdictions appropriate to the program; 3) Students who withdraw from their study program must notify the program provider as well as Reed of their withdrawal and will be accountable for fees according to the provider’s withdrawal and refund policies. All academic work attempted on the approved program and recorded by the program provider must be sent to Reed and will be recorded on the student’s Reed transcript; and 4) Students should be aware that off-campus study is considered to be an “official Reed activity” and as such students will be held to the Honor Principle of Reed College as well as all policies governing students at the host institution or university. Students studying overseas or in states other than Oregon are obligated to become knowledgeable about the drug and alcohol laws of these countries/states and abide by them.
Assumption of Risk, Release from Liability, and Indemnification Agreement
I certify that I will participate in a Reed-approved study abroad program during the term/academic year indicated in my "Off-Campus Program Course Approval" form. This document (“Agreement”) covers all aspects of my participation in the Program as it relates to Reed. In this Agreement, “Reed” means The Reed Institute, an Oregon nonprofit corporation doing business as Reed College, and any of Reed’s trustees, officers, directors, managers, employees, trainees, students, volunteers, agents, affiliates, successors, and assigns. The Program is organized by the Reed-approved international partner or third-party study abroad provider/organization indicated in my "Off-Campus Program Course Approval" form. Reed’s role is limited to maintaining my enrollment status as a Reed student and approving the transfer of academic credits from the Reed-approved Program upon my successful completion of coursework. I understand and agree that all travel arrangements to my chosen destination have been made directly by myself and that Reed is neither a party to nor responsible for my travel arrangements. I also understand that Reed is not responsible for unexpected events or travel changes that may occur during my participation in the Program.
1. Program Risks. I understand that I have voluntarily and freely elected to participate in this Program, and that I am not required to do so. I understand that participation in the Program involves risks that Reed cannot eliminate, including, among others, risk of property damage, illness, bodily injury, permanent disability, and death. If the Program includes international travel, I also acknowledge that there are certain risks inherent in my participation and travel to the Program location: unique political, legal, social, and economic conditions; different standards of design, safety, and maintenance of buildings, public offices, and conveyances; restrictions on heating and/or water usage; religious observances, beliefs, social norms, and gender/sexual/racial discrimination that may cause offense or injury; unfamiliar food; increased risk of petty theft, crime, and sexual harassment/assault; local medical, environmental, and weather conditions; high population density. I further acknowledge that such political, safety, or health risks could result in illness, personal injury, or death and that I have been advised to inform myself of the particular health and safety risks that may be unique to the location of the Program. I agree to apprise myself of this information prior to my departure in order to understand and appreciate the nature of such risks. I further understand that I have a continuing obligation to stay so informed during my participation and travel.
2. Assumption of Risk. I am voluntarily participating in the Program with knowledge of the potential danger involved and hereby agree to accept and assume any and all risks of injury, disability, death, and/or property damage arising from my participation in the Program, whether caused by Reed’s ordinary negligence or otherwise.
3. Risks Associated with the COVID-19 Pandemic and/or Other Infectious Diseases. I understand that, as a result of the COVID-19 pandemic or other health emergency, local and national governments have and may continue to enact border, travel, and stay-at-home restrictions, and that the trajectory of the virus or other infectious disease at the local, national, and international levels is unpredictable. I understand that all activities I undertake as part of the Program must comply with local/domestic travel restrictions, self-isolation or quarantine requirements, and lockdown orders. I agree to abide by all such restrictions and requirements, even if they prevent me from participating in activities that may have been planned as part of the Program. Besides the other risks described in this document, I recognize that my participation in activities abroad means I may be subjected to potential risks, illnesses, injuries, and even death as a result either of contracting COVID-19, other infectious diseases, or any actions or omissions of governments, private entities, or other parties with respect to COVID-19 and/or other infectious diseases. I have made my own investigation of these risks, understand these risks, and assume them knowingly and willingly. I attest that I have reviewed the U.S. State Department and CDC travel advisories and understand the health, safety, and financial risks, and related student responsibilities, associated with the Program, and have made an informed, voluntary decision to participate.
4. Assumption of Medical and Mental Health Obligations and Accommodations. I acknowledge I have been advised to consult with a medical doctor and/or counselor with regard to my medical and mental health needs, and I certify I am able to safely and fully participate in the Program. I have arranged, through insurance or otherwise, for payment of medical care, if necessary, while I participate in the Program. I recognize that Reed is not obligated to attend to any of my medical needs, and I therefore assume all risk and responsibility related to my personal medical needs. If I require medical care during my participation in the Program, Reed is not responsible for the cost or quality of such care.
By submitting my "Off-Campus Program Course Approval" form, I acknowledge that any disability accommodations in place at Reed will not automatically transfer abroad. I acknowledge that I may request a consultation on disability accommodations through Reed’s Disability & Accessibility Services office as a resource to support my disability accommodation request with the Reed-approved international partner or third-party study abroad provider/organization indicated in my "Off-Campus Program Course Approval" form. I also understand the limitations of the Program location and that Reed cannot guarantee or control any accommodations offered or provided by the Reed-approved international partner or third-party study abroad provider/organization indicated in my "Off-Campus Program Course Approval" form, which may differ from those that I have received at Reed.
5. Release and Covenant Not to Sue. In exchange for Reed allowing me to participate in the Program, I hereby expressly waive and release any and all claims, including claims currently in existence and those that may arise from future events and including claims now known to me as well as claims I am not aware of, against Reed and its trustees, officers, directors, managers, employees, trainees, students, volunteers, agents, affiliates, successors, and assigns on account of injury, disability, death, and/or property damage arising out of or attributable to my participation in the Program, whether arising out of the negligence of Reed or any Releasees or otherwise. I covenant not to make or bring any such claim against Reed or any other Releasee, and forever release and discharge Reed and all other Releasees from liability under such claims.
6. Indemnification. I agree to defend, indemnify, and hold harmless (that is to say, I agree to pay or reimburse) Reed for any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim related to my participation in the Program, including any claim related to my own wrongful or negligent act and including claims involving the ordinary negligence of Reed.
7. Choice of Law. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).
8. Arbitration and Venue. Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement (a “Dispute”) shall be resolved by final and binding arbitration. If the parties to this Agreement cannot resolve the Dispute for any reason, either party may commence mandatory binding arbitration by delivering a Notice of Arbitration to the respondent setting out the nature of the claim(s) and the relief requested. Within thirty (30) days of the receipt of the notice of arbitration, the respondent shall deliver to the claimant its answer and any counterclaim(s), setting out the nature of such counterclaim(s) and the relief requested. Reed shall have discretion to consolidate arbitrations of any Disputes under this and other Agreements if the subject of the Disputes arises out of or relates to the same Program. The arbitral tribunal shall have the sole power to rule on any challenge to its own jurisdiction without any need to refer such matters first to a court and all issues regarding arbitrability shall be decided solely by the arbitral tribunal. The tribunal shall have the power to grant any provisional or final remedy or relief that it deems appropriate, including conservatory measures and an award of attorney fees, but the parties to this Agreement covenant to waive against each other all claims of consequential and punitive damages that may arise out of or relate to this Agreement. The place of arbitration shall be Multnomah County, Oregon. The arbitration shall be administered by Arbitration Service of Portland, Inc. (“ASP”) and governed by ASP’s Procedural Rules for Arbitration. The parties agree to keep confidential the existence of the arbitration, the arbitral proceedings, the submissions made by the parties, and the decisions made by the arbitral tribunal, including its awards to the extent not already in the public domain, except in judicial proceedings related to the award or where required by applicable law. The parties further agree that judgment may be entered upon the award by any Oregon court of competent jurisdiction.
9. Binding Agreement. This Agreement constitutes the sole and entire agreement of Reed and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Agreement is binding on and shall inure to the benefit of the Reed and its respective successors and assigns. This Agreement shall legally bind me and my family members, next of kin, spouse, estate, heirs, administrators, and/or personal representatives.
10. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. If a court decides that any part of this Agreement cannot be enforced, I agree to change that part to make it enforceable. If the unenforceable part cannot legally be changed, it will be severed, but the rest of this Agreement will remain in effect.
11. I agree that I have read and understood this Agreement, I am of legal age (eighteen (18) years old or older) and competent to sign and submit it, and I do so voluntarily and without relying on anything Reed wrote or told me except what is written above. I understand that I am free not to sign this Agreement and to find a different Program, and in doing so, I will not be sponsored by Reed in any way (including academically, financially, and legally) to participate in the Program. If I am not of legal age, my parent or guardian has also read and understood this Agreement.
Before you sign and submit this Agreement, please read it carefully because it affects your legal rights.