CENTER FOR BIOLOGICAL AND ENVIRONMENTAL NANOTECHNOLOGY
SUMMER INTERN PROGRAM

PARTICIPATION AGREEMENT AND

RELEASE OF LIABILITY

 

I________________________, the parent of ____________________, wish for my child to participate in the Center for Biological and Environmental Nanotechnology Summer Intern Program under the supervision of Dr. Mary E.R. McHale at the Rice University Department of Chemistry (“Program”).

 

The dates of the internship are from Monday, June 30, through Friday, July 11 2008.  It is my responsibility to confirm the schedule in advance with the Program’s organizers.  During my child’s participation in the Program, my child will participate in activities that include trips to water sources to take samples for analysis in the laboratories at Rice University.  My child may also participate in some experiments and will be listening to lecture.  I understand some of these activities may involve walking to, or traveling by car or bus, to other locations.

 

My child is in sufficient physical and mental health to participate in the Program and does not have any physical or mental conditions that could prevent his/her participation in the Program.  I understand that Rice will not provide any insurance for my child in connection with his/her participation in the Program.

I understand that if my child requires medical treatment while participating in the Program, an attempt will be made to notify me.  In the event that I cannot be reached, I consent to such treatment for the child as may be deemed necessary under the circumstances, including, but not limited to, x-ray examinations, surgery and anesthesia.

 

If my child’s participation in the Program is at any time deemed detrimental to the Program or its other participants, as determined by the Program’s organizers in their sole discretion, I understand that he/she may be expelled from the Program without Rice or the organizers incurring any liability.

 

In return for my child’s participation in the Program, I release and hold harmless Rice University, its students, trustees, employees, Dr. Mary E. R. McHale, members of the Department of Chemistry and the Center for Biological and Environmental Nanotechnology and all other representatives from any and all claims, causes of action and liabilities for bodily injury or property damage arising, directly or indirectly, in connection with my child’s participation in the Program.

 

This agreement constitutes the entire agreement, and takes the place of any prior agreements or understandings regarding this Program.  This agreement may not be changed, and it may not be assigned or transferred.  This agreement shall be governed by the laws of the State of Texas.  In the event any provision of this agreement is held unenforceable by a court of competent jurisdiction, this will not affect any other provision and this agreement shall be construed as if the unenforceable provision had not been incorporated in this document. 

 

Signature of Parents or Legal Guardians:                                                                                               

                       

                                                                                                                                                           

 

Printed Name of Parents or Guardians:                                                                                                  

                       

                                                                                                                                                           

 

Parents’ Address:                                                                                                                                 

 

                                                                                                                                                           

 

Telephone:                                                                                                       

 

Date:                                                                                                               

Medical Insurance Carrier:                                                                                

mso-bidi-font-size:10.0pt'>(1)  Title VII of the Civil Rights Act of 1964, as amended;

(2)  the Age Discrimination in Employment Act of 1967, as amended;

(3)  the Civil Rights Act of 1866;

(4)  The Texas Commission on Human Rights Act;

(5)  The Americans with Disabilities Act;

(6)  the Older Workers Benefit Protection Act of 1990;

(7)  The Family and Medical Leave Act;

(8)  the Texas Labor Code; and

(9)  any federal, state, or local statute, law, or regulation, in contract, tort, or equity, or for personal injury or defamation regarding his employment with, or separation from, Rice.

 

6.  In compliance with the Older Workers' Benefit Protection Act requirements for knowing and voluntary waiver of any claims under the Age Discrimination in Employment Act of 1967, as amended:

 

(A)  MR. GERBODE AGREES THAT HE HAS BEEN TOLD THE AMOUNT OF THE CONSIDERATION INVOLVED, WHICH IS IN ADDITION TO ANYTHING TO WHICH MR. GERBODE IS ALREADY ENTITLED, IS CONSIDERATION FOR HIS RELEASE AND WAIVER OF ALL CLAIMS OF AGE DISCRIMINATION, AS WELL AS OTHER CLAIMS MENTIONED IN THIS AGREEMENT.

 

(B)  MR. GERBODE AGREES THAT HE IS SIGNING THIS AGREEMENT OF HIS OWN FREE WILL, KNOWINGLY AND VOLUNTARILY, AND THAT HE HAS NOT BEEN COERCED OR THREATENED IN ANY MANNER.  MR. GERBODE FURTHER AGREES THAT HE WAS ENCOURAGED TO CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS AGREEMENT.

 

(C)  MR. GERBODE ACKNOWLEDGES THAT HE WAS ADVISED THAT HE COULD TAKE UP TO 21 DAYS FROM THE DATE THIS AGREEMENT WAS GIVEN TO HIM TO CONSIDER THIS AGREEMENT AND DECIDE WHETHER HE WOULD ENTER INTO THIS AGREEMENT.

 

(D)  THIS AGREEMENT WILL NOT BECOME EFFECTIVE OR ENFORCEABLE FOR 7 DAYS AFTER IT HAS BEEN SIGNED, DURING WHICH TIME MR. GERBODE MAY REVOKE IT IF HE WISHES.  IN THE EVENT HE REVOKES IT, HE SHALL NOTIFY THE DIRECTOR OF HUMAN RESOURCES.

 

7.  The parties agree that, except as required by law, the terms of this Agreement (especially the financial terms) and the existence of the Agreement shall remain confidential, except that the parties will be allowed to say that Mr. Gerbode has resigned from Rice under amicable terms.

 

8.  Nothing in this Agreement shall be construed to alter any benefits that Mr. Gerbode would otherwise be entitled to retain after the effective date of his resignation in his pension plan, medical spending account, or other employee benefits.  This Agreement will not affect Mr. Gerbode’s status as a retiree of Rice.  The parties agree that Mr. Gerbode will either use any remaining benefit time before the effective date of his resignation or he will be paid an additional sum for those benefit days that are not used prior to the effective date of his resignation.

 

9.  If any of the particular terms or provisions of the agreement are found to be invalid and unenforceable, the remaining terms and provisions shall remain in effect.

 

10.  This Agreement contains all the points agreed to by both parties, supersedes all prior arrangements or understandings, and may be changed only by agreement in writing by both parties.  Mr. Gerbode acknowledges that in executing this Agreement he has not relied on any representations or statements by Rice that are not set forth in this document.

 

11.  This Agreement is executed in Houston, Texas, and the parties agree it will be  interpreted under the laws of the State of Texas.

 

 

 

 

 

Signature of Parents or Legal Guardians:                                                                                               

                       

                                                                                                                                                           

_______________________________________   

Printed Name of Parents or Guardians:                                                                                                  

                       

                                                                                                                                                           

 

Parents’ Address:                                                                                                                                 

 

                                                                                                                                                           

  ______________________________

Telephone:                                                                                                                    Date____________________________

 

 

Farrell Gerbode

 

__________________________        Date:                                                                                                                                        

 

Medical Insurance Carrier:                                                                                

  ___________________________

Rice University