Background
A. MTI Prep operates a student residence dormitory in order to provide on-campus housing to enrolled students during specified times of the academic year.
B. Student is a prospective or enrolled student that either intends to enroll or remain enrolled in the School for the duration of the term of this Agreement.
C. Student has previously submitted an application to School expressing a desire to occupy and utilize an assigned space in one of the School's dormitories, and Student understands that the School shall assign the particular facility and room (the "Space") subsequent to Student's execution of this Agreement.
D. Student is required to execute this Agreement in order to secure a Space, and School and Student enter into this legally binding Agreement to set forth the terms and conditions of their agreement governing Student's occupancy and use of the Space.
In consideration of the mutual promises and covenants contained herein, Student agrees to abide by the written mandatory housing guidelines provided and the payment terms. In consideration of the mutual promises and covenants contained herein, Student understands and agrees that by signing this Agreement, you are reserving a space and agree to abide by the written mandatory housing guidelines provided to you and the payment terms.
Effective Date
This Agreement becomes effective and enforceable immediately upon the Effective Date, which is the date Student electronically signs this Agreement. However, Student is not assured of an assigned Space unless and until Student has paid to the School the required prepaid rent in accordance with this Agreement, or School has recognized such payment as deferred.
Grant of Use
In exchange for Student’s payments to School in accordance with this Agreement, and subject to all of its terms, conditions, and restrictions, School grants conditional authorization to Student to occupy and use the Space, to be determined and assigned to Student within the School’s sole discretion. Student must be enrolled in the School in order to be eligible for, or to remain in, School housing. Student’s occupancy of the Space shall officially begin when the Student signs for the keys to his/her assigned Space.
Entering into this Agreement legally obligates Student to make payment to School for the assigned Space, regardless of any Student-indicated preferences concerning a specific room type, location, or roommate. School's assignment of a Space to Student, and Student’s continued occupancy of a Space, are contingent upon Student’s final admission to the School and timely payment of all charges and fees to School, including those due under this Agreement.
The School (or their designee), in his/her sole and absolute discretion, may cancel this Agreement or change Student’s Space assignment in the interest of order, discipline, health, safety, security, maximum utilization of Schools facilities and resources, and/or educational delivery, or for the Student’s failure to pay rent or charges in a timely manner.
The housing fee is non-refundable
If a Student moves out early, the cost will remain the same. No prorations or refunds will be allowed. The only extra cost to this agreement will be if a Student exceeds the allotted time to complete his/her educational program. In this case, McDougle Technical Institute Preparatory will charge on a month by month basis for the remainder of the Student’s stay. There is a $250.00 deposit for breakage, damage or misuse of dorm facility.
By Signing this Application, Student is making a student housing reservation and agrees to abide by the payment terms and housing guidelines.
For and in consideration of the undersigned participant's registration with the McDougle Technical Institute Preparatory ("Organization") and being allowed to participate in events and member activities, participant and the parent(s) or legal guardian(s) of participant (if Participant is under 18) waive, release and relinquish any and all claims for liability and cause(s) of action, including for personal injury, property damage or wrongful death occurring to participant or participant’s parent(s) or legal guardian(s) arising out of participation in events, or sports, and/or activities incidental thereto, whenever or however they occur and for such period said activities may continue, and by this agreement any such claims, rights, and causes of action that participant and/or participant's parent(s) or legal guardian(s) may have are hereby waived, released and relinquished, and participant and participant’s parent(s)/guardian(s) do so on behalf of their heirs, executors, administrators and assigns.
Participant and participant's parent(s)/guardian(s) acknowledge, understand and assume all risks relating to events or sports participation and activities incidental thereto, and understand that activities incidental thereto involve risks to participant's and participant's parent('s)/ guardian('s) person including bodily injury, partial or total disability, paralysis and death, and damages which may arise there from and that they have full knowledge of said risks. These risks and dangers may be caused by the negligence of the participant, participant's parent(s)/ guardian(s)or the negligence of others, including the Organization, its affiliates, members, event hosts, other participants, other parents and legal guardians, coaches, officials, sponsors, advertisers, owners and operators of the premises used to conduct any event and each of them, their officers, directors, agents and employees (collectively, "releasees"), and include risks arising from the conditions and use of facilities and related premises. I/We further acknowledge that there may be risks and dangers not known to us or not reasonably foreseeable at this time.
Participant and participant's parent(s)/guardian(s) acknowledge, understand and assume the risks, if any, arising from the conditions and use of facilities and related premises, whether as a participant or a spectator, including without limitation, the risks involved with participating in the Organization’s activities. Participant and participant's parent(s)/guardian(s) further acknowledge and understand that included within the scope of this waiver and release is any cause of action (including any cause of action based on negligence) arising from the performance, or failure to perform, maintenance, inspection, supervision or control of said areas and for the failure to warn of dangerous conditions existing at said facilities, for negligent selection of certain releasees, or negligent supervision or instruction by releasees.
Participant and participant's parent(s)/guardian(s) acknowledge and understand that the Organization reserves the right to photograph facilities, activities and program participants for potential future use. All photos remain the property of the Organization and may be used for publicity and promotional services.
Participant and participant's parent(s)/guardian(s) grant permission for the Organization to publish, copyright, or use all films, photographs, computer- generated imagery, and printed and spoken words in which participant is included, whether taken by staff, volunteers, participant's, or others. Participant and participant's parent(s)/guardian(s) further agree that the Organization can use these photographs, films and words for any exhibitions, displays, web pages and publications, without reservation or compensation.
Consent to Medical Treatment: Participant and participant’s parent(s)/guardian(s) hereby give consent to have the participant treated by a physician or surgeon in case of sudden illness or injury while participating in the above event. It is understood that the Organization provides no medical insurance for such treatment under its liability insurance coverage. The location of the activity or the nature of the illness or injury may require the use of emergency medical personnel.
Participant and participant's parent(s)/guardian(s) agree if any claim for personal injury or wrongful death is commenced against releasees, he/she shall defend, indemnify and save harmless releasees from any and all claims or causes of action by whomever or wherever made or presented for his/her personal injuries, property damage or wrongful death.
Participant and participant’s parents/ guardian agree that the Waiver of Liability and Release is intended to be as broad and inclusive as permitted by applicable law and that if any portion is held invalid, all remaining portions will continue in full force and effect.
Participant and participant's parent(s)/guardian(s) acknowledge that they have been provided and have read the above paragraphs and have not relied upon any representations of releasees, that they are fully advised of the potential dangers and risks and understand these waivers and releases are necessary to allow the activities of the Organization to exist in its present form.
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend physical distancing and have, in many locations, prohibited the congregation of groups and people.
The City of Pompano Beach (City) has put in place preventative measures to reduce the spread of COVID-19; however, the City cannot guarantee that you, your children, or any other person, will not become infected with COVID-19. Further, attending City sponsored activities
could increase your risk and your child or children’s risk of contracting COVID-19. Therefore, if you choose to participant in any of the City sponsored events, activities and/or programs you are required to acknowledge and execute this Waiver for yourself, child and/or children.
ACKNOWLEDGEMENT
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily
assume the risk that my child or children and I may be exposed to or infected by COVID-19 by attending City activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by
COVID-19 at City activities may result from the actions, omissions, or negligence of myself and others, including but not limited to City employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child or children or myself, including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense or any kind, that I or my child or children may experience or incur in connection with my child or children’s attendance at City activities or programming.
On my behalf and on behalf of my child or children, I hereby release, covenant not to sue, discharge, and hold harmless and indemnify the City, its officials, employees, agents, and representatives, of and from any and all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree
that this release includes any claims based on the actions, omissions, or negligence of the City, its employees, agents and representatives, whether a COVID-19 infection occurs before, during, or after participation in any City program.
In consideration of being allowed to participate on behalf of McDougle Technical Institute Preparatory athletic program and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS McDougle Technical Institute Preparatory their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.