How can you reasonably ask that survey participants indemnify you for participation? I can understand the waivers but not the proposed indemnity and hold harmless clauses.
If one signs your form, then by signing one agrees to hold you free and harmless and indemnify you against claims arising out of the survey. That seems entirely unreasonable.
Hi, I'm sorry you are uncomfortable with the form and I hope we can resolve this.
Members of our team (on the ABOUT page above) drafted a majority of the informational page of the consent form. This content did have to be aproved both by our university's legal office and research oversight committee, but as it originated from us I could answer questions about the content. In contrast, the formal agreement - the paragraph above the signature - came directly from the legal office based on their experience working with other research projects here. As this is a university hospital and medical school, much of the research our legal office is accustomed to working with addresses human diseases or disorders potentially with experimental treatments. Our Darwin's Dogs project does not fit the existing mold well at all - so it may be that the language of the consent agreement seems overdone.
I gather you see some implications of that language, however, that I am not aware of. This isn't saying much as I know quite a bit about animal behavior and next to nothing about the language of legal contracts (which is why we relied on our legal office for a suitable form). If you could elaborate on the implications you see as problematic I'll try to track down some clarification and/or put you in contact with those who may be able to better address your questions.
Sure "indemnify" and "hold harmless" language means that the volunteer participants agree to defend the university if someone sues them. Now I can understand why the university could reasonably require participants to agree not to sue it which is what the rest of the legalese means.
You will need to raise this with your counsel to respond so I suggest you send her or him to review.
