AIBU to think this is really worrying...

[Shoppaholic]

Backstory: DD has been offered a part scholarship for a summer school with Uni abroad in the Far East at a partner campus the uni has affiliations with. Wonderful opportunity which is a once in a lifetime experience for working class people like us. She has been asked to sign a declaration as follows: "I hereby agree not to take any legal action against the Uni of DD Far East campus, it's employees, it's organisers and co-organisers of the event mentioned above - for any injuries, losses and/or damages suffered by me, however caused during the period of the event (inclusive of any transportation journeys)." I can't believe this is even legal or that other students may have signed this blindly. Can the Uni do this? It seems this is a real get out clause to absolve themselves of any blame even if it is their fault. I assume if she doesn't sign this, they will not let her go. AIBU to be worried?

I think it’s a pretty standard indemnity clause, I presume she’ll have her own insurance.

She's an adult, it's not a school trip, and it's standard. Get insurance, problem solved.

It’s a standard indemnity. In this country there is a limit to how enforceable they are - not sure what the position is abroad. It essentially means she can’t sue them for any losses she suffers as a result of negligence on their part.

It doesn’t mean they are more likely to be negligent, however, so I wouldn’t worry too much.

It's the same as when a supermarket has a sign that says "park at your own risk". It means nothing at all if your car is damaged by the store or an employee. Disclaimers do not trump current law. If she was injured because they failed in their duty of care, they would be liable regardless of the disclaimer.

Such an exclusion clause is unenforceable in the UK but you'd have to take advice on whether it's enforceable in the other country. Sounds morally dubious anyway.

It's called a standard indemnity clause and is absolutely legal (I'm a lawyer).

Posted too soon- however the clause does not negate negligence that can be established such as occupiers liability etc

I had to sign one very similar to that whilst training at a very well respected UK Drama School many years ago.

A number of the female students should have sued as at least one of the senior members of staff was an abuser and targeted vulnerable female students and coerced them into sexual relationships. Very dark place and I think some of them were unable to progress in their careers due to the damage he did to them.

Should add, ours included a clause about “perceived emotional and mental injury”.

Is this the Study China programme?...dd is doing this...
she has her own insurance
Has also been told not to discuss politics with the students

Thank you all for your posts...really helpful & appreciated.
Kanga, what is "occupiers liability"?

Stopyourhavering, this is a very similar programme to the Study China one. It does still surprise me that they can say this even though it''s not enforcementable. If the programme is through a UK uni, it does make you wonder who is liable if something does go wrong.

Would student travel insurance cover this (we would go for top end cover) & is there anything in particular she should ensure is covered?

*enforceable