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General release - waiver of rights

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gmu_mba

Junior Member
What is the name of your state (only U.S. law)? Virginia

My MBA program has a required class that includes a single week of work/study abroad. In order to go on the trip I am required to sign a waiver that basically indemnifies the university, their agents, faculty and everyone on earth against any claims. This waiver does not exclude negligence. In fact, it specifically calls out negligence. It says I will hold them harmless for any damage caused by negligence.

Why would I sign something like that? As far as I'm concerned, if someone is negligent and they cause me harm then I should have every right to go after them. If this class were an elective then I wouldn't have a problem with the language but it is not. No one gave me the paperwork before I began the program and asked me to sign it, so right now 80% of the way through the program I need to figure out what rights I have.

If this question belongs elsewhere, let me know and I'll post it elsewhere or the mods can feel free to place as they see fit.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Virginia

My MBA program has a required class that includes a single week of work/study abroad. In order to go on the trip I am required to sign a waiver that basically indemnifies the university, their agents, faculty and everyone on earth against any claims. This waiver does not exclude negligence. In fact, it specifically calls out negligence. It says I will hold them harmless for any damage caused by negligence.

Why would I sign something like that? As far as I'm concerned, if someone is negligent and they cause me harm then I should have every right to go after them. If this class were an elective then I wouldn't have a problem with the language but it is not. No one gave me the paperwork before I began the program and asked me to sign it, so right now 80% of the way through the program I need to figure out what rights I have.

If this question belongs elsewhere, let me know and I'll post it elsewhere or the mods can feel free to place as they see fit.
Q: Why would I sign something like that?
A: Because they won't let you go on the trip if you don't.
 

gmu_mba

Junior Member
Q: Why would I sign something like that?
A: Because they won't let you go on the trip if you don't.
Well, yeh .. .obviously :)

However, by not going on the trip I can't graduate and no one told me I had to sign away my rights when I enrolled. I'm now almost done with the program. I feel coerced to sign it because I'm 80% of the way done with the program and not signing it would be mean leaving 3 years of work and $$$ on the table. If they want people to waive away their rights, then why not present this kind of waiver upon enrollment?

Anyway, do I have a proverbial leg to stand on?
 

Silverplum

Senior Member
Well, yeh .. .obviously :)

However, by not going on the trip I can't graduate and no one told me I had to sign away my rights when I enrolled. I'm now almost done with the program. I feel coerced to sign it because I'm 80% of the way done with the program and not signing it would be mean leaving 3 years of work and $$$ on the table. If they want people to waive away their rights, then why not present this kind of waiver upon enrollment?

Anyway, do I have a proverbial leg to stand on?
To accomplish what?
 

Zigner

Senior Member, Non-Attorney
You can review this with an attorney. I suspect that, while simple negligence can be waived, gross negligence is a much tougher nut to crack.
 

LdiJ

Senior Member
Well, yeh .. .obviously :)

However, by not going on the trip I can't graduate and no one told me I had to sign away my rights when I enrolled. I'm now almost done with the program. I feel coerced to sign it because I'm 80% of the way done with the program and not signing it would be mean leaving 3 years of work and $$$ on the table. If they want people to waive away their rights, then why not present this kind of waiver upon enrollment?

Anyway, do I have a proverbial leg to stand on?
I am actually wondering what you are imagining could happen on your trip abroad that would be the fault of your university? If the plane crashes, that is not their fault. If the hotel burns down, that is not their fault. If you are injured by someone in the other country that is not their fault.
 

Just Blue

Senior Member
I am actually wondering what you are imagining could happen on your trip abroad that would be the fault of your university? If the plane crashes, that is not their fault. If the hotel burns down, that is not their fault. If you are injured by someone in the other country that is not their fault.
Agree. 100%.

OP if there is an employee of the school that was smoking crack and crashed the car that you were a passenger in...That would be Gross Negligence.

If they hire a transport company and there is a plane, train or automobile accident...that is what you are signing your "rights away" to. IMO. If I am wrong...I will know very soon. :);)
 

tranquility

Senior Member
I agree with the others. While such a waiver seems scary, what is it you fear?

At the end of the day, you can always litigate. If you are looking for deep pockets from the uni, forget it if you sign. If you are looking to collect from the one who hurt you; that's what courts are for.
 

gmu_mba

Junior Member
Thanks for providing the link. Google is your friend.

To those asking 'what do I think is going to happen' my response is what does the school think it's going to happen? If nothing is going to happen then there's no need for the school to try to protect itself either. Thanks for making the distinction between negligence and gross negligence as I hadn't thought of there being a difference.

Bottom line is that I just don't like being forced to sign paperwork and don't like being strong-armed into doing so. That's pretty much it really.

You don't say 3/4s of the way into the program that 'you have to sign this' or you can't complete this required course and therefor can't get your degree. You include this kind of stuff up front.
 

cbg

I'm a Northern Girl
If nothing is going to happen then there's no need for the school to try to protect itself either.

The odds are very, very great that nothing is going to happen. The odds are also very, very great that if anything does happen, it will not be through any negligence on the part of the school.

That has never in the past, however, stopped twerps like you from filing a nuisance suit against the school that they will have to pay to defend, even if they win.

That's what the school is trying to protect itself against.
 

TheGeekess

Keeper of the Kraken
Thanks for providing the link. Google is your friend.

To those asking 'what do I think is going to happen' my response is what does the school think it's going to happen? If nothing is going to happen then there's no need for the school to try to protect itself either. Thanks for making the distinction between negligence and gross negligence as I hadn't thought of there being a difference.

Bottom line is that I just don't like being forced to sign paperwork and don't like being strong-armed into doing so. That's pretty much it really.

You don't say 3/4s of the way into the program that 'you have to sign this' or you can't complete this required course and therefor can't get your degree. You include this kind of stuff up front
.
Well, when you start running your own MBA program, you can run it however you see fit. :cool:
 

Silverplum

Senior Member
Well, when you start running your own MBA program, you can run it however you see fit. :cool:
Agreed.

I didn't know there was an MBA program without an international component. Googlefriend showed me all the MBA programs in VA (that I could find) do have that component. :cool:
 

stealth2

Under the Radar Member
Where are you going for a week that you fear will case some type of injury due to nefgligence on the part of the university?
 

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