Common use of District Held Harmless and Promise Not to Sue Clause in Contracts

District Held Harmless and Promise Not to Sue. In order to protect itself from future lawsuits where a student or parent alleges that the Student suffered some kind of injury because the Student used the District's Internet Access or other technology resources, the district requires that the Student and parent promise to forego such claims against either the District or its employees in return for being allowed to use the resources. Therefore, the Student and parent agree to hold the district and its employees harmless from any claim or liability arising out of or resulting from the Student's use of the District's Internet Access, even though the nature, extent, and seriousness of such claims are currently unknown. In other words, the Student and parent agree that they will not sue the school district or any district employee over any claim that comes about as a result of the Student's using the District's Internet and intranet access. By signing this agreement the parent and Student waive any such claims that may occur in the future, whether they are now aware of how the Student could be injured by using the Internet, or the extent of such alleged injury. In doing so the Student and parent waive any protection they have under Civil Code section 1542 with regard to claims arising from the Student's use of District Internet Access. That law reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Appears in 3 contracts

Samples: Student Technology Use Agreement, Student Technology Use Agreement, Memorandum of Understanding

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District Held Harmless and Promise Not to Sue. In order to protect itself from future lawsuits where a student or parent alleges that the Student student suffered some kind of injury because the Student student used the District's Internet Access or other technology resources, the district requires that the Student student and parent promise to forego such claims against either the District or its employees in return for being allowed to use the resources. Therefore, the Student and parent agree to hold the district and its employees harmless from any claim or liability arising out of or resulting from the Student's use of the District's Internet Access, even though the nature, extent, and seriousness of such claims are currently unknown. In other words, the Student student and parent agree that they will not sue the school district or any district employee over any claim that comes about as a result of the Student's using the Districtdistrict's Internet and intranet access. By signing this agreement the parent and Student student waive any such claims that may occur in the future, whether they are now aware of how the Student student could be injured by using the Internet, or the extent of such alleged injury. In doing so the Student student and parent waive any protection they have under Civil Code section 1542 with regard to claims arising from the Studentstudent's use of District Internet Access. That law reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Appears in 1 contract

Samples: Technology Use Agreement

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