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 mychild 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:
Medical Insurance Carrier:
(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.
_____ ___________________ __
Date ___________________ __ ___
Gerbode __________________________ Date
________________ ___ ___ __ Rice University