Article: Liability Waiver

GENERAL RELEASE AND ASSUMPTION OF RISKS OF TRAVEL

 Please read this general release and assumption of risks of travel (“Agreement”) carefully before you sign it.  This is a legal document which affects your legal rights.  If you have any questions about this agreement, please consult an attorney before you sign it.

 I am applying for volunteer service with [NAME OF ORGANIZATION], whose primary purpose is to [BRIEF DESCRIPTION OF PURPOSE].  I certify that all statements made in my application are true and complete.  I hereby expressly authorize [NAME OF ORGANIZATION], its officers, agents, and employees, to investigate in any manner they deem appropriate, at their sole discretion, educational, employment, community service or professional background, and public or private records, including but not limited to law enforcement and court records and personal references.  I further consent to have [NAME OF ORGANIZATION] communicate with any and all of my previous or current employers relating to my work record and experience.

 I certify that I am not aware of any physical or mental restriction or condition that would impair my ability to perform the essential functions of the volunteer position for which I am applying, and I am fully capable of responding to the physical and mental demands of the volunteer position I seek.

 Assumption of Risk

 I, ________________, acknowledge that I have applied to be a volunteer in the work of [NAME OF ORGANIZATION].  I am aware and acknowledge that the work of [NAME OF ORGANIZATION] may subject me to a number of risks and dangers.  I understand and acknowledge that the work of [NAME OF ORGANIZATION] may involve hazardous and dangerous activities and that my participation in such work may subject me to the risk of injury, illness, or death.  I have volunteered to participate in the work of [NAME OF ORGANIZATION] in Guatemala.  I understand and acknowledge that I may be subject to a number of additional risks and dangers involved in transportation to and in Guatemala (including traveling in light airplanes), the risk and danger that adequate medical facilities may not be available should I require medical attention, and the risks and dangers of residing in and being subject to the laws of a foreign country.  I have been made aware of the conditions that presently exist in Guatemala, specifically, but not limited to, social and political unrest, terrorist activity, unsanitary health conditions in villages and other municipalities, including the risk of hepatitis, malaria, cholera, polio, and other diseases.  I voluntarily agree to assume all the above risks, and all other risks associated with my participation in the work of [NAME OF ORGANIZATION], whether known or unknown.

 I understand that I am not an employee of [NAME OF ORGANIZATION] because I participate as a volunteer in the work of [NAME OF ORGANIZATION].  I understand and agree that [NAME OF ORGANIZATION] is under no obligation to provide, and does not provide, worker’s compensation or malpractice insurance or any other employee benefits of any kind.

 General Release

I, ________________, in consideration of [NAME OF ORGANIZATION]’s arranging a volunteer assignment for me, and with the intention of binding myself, my heirs, legal representatives, successors and assigns, do hereby expressly RELEASE AND FOREVER DISCHARGE [NAME OF ORGANIZATION], its officers, directors, employees, volunteers, agents, legal representatives, insurers, successors, and assigns from any and all claims, demands, damages, liabilities, and causes of action that I now have or may in the future have, whether known or unknown, of whatsoever nature, relating to or arising out of my selection as a volunteer by, or my service as a volunteer with, [NAME OF ORGANIZATION] whether or not due to [NAME OF ORGANIZATION]’s negligence, strict liability, or any other breach or fault.  This includes, but is not expressly limited to, death, bodily injury, personal injury, property damage, loss or theft of property, economic loss, or any other damage, loss, or cost.

As further consideration for being permitted by [NAME OF ORGANIZATION] to participate in their work, I hereby release and forever discharge [NAME OF ORGANIZATION], their directors, officers, agents, employees, representatives, volunteers, attorneys, assigns, and affiliates from any and all claims and demands of whatever kinds of nature, whether known or unknown, that rise out or are connected in any way whatsoever with any first aid, medical treatment, or services rendered to me during my participation in or in any way related to [NAME OF ORGANIZATION] work.

This document shall be construed according to the laws of the state of [STATE OF INCORPORATION].  Any litigation, administration proceeding, or arbitration concerning this Agreement or participation in the work of [NAME OF ORGANIZATION] shall be brought and conducted within the state of [STATE OF INCORPORATION].  If a dispute should arise with respect to the meaning of any of the terms of this Agreement, the rule of construction that an Agreement is construed against the party preparing such document shall specifically not be applicable to the interpretation of this document. 

This General Release represents the entire agreement of the parties hereto and supercedes any and all prior or contemporaneous oral or written understandings, statements, representations, or promises.  I understand and acknowledge that this Agreement is a binding legal document that affects my rights and remedies.

My application to [NAME OF ORGANIZATION] for travel with their [TYPE OF GROUP] team to Guatemala is hereby submitted with the following understandings:

 1)     I will be a guest in Guatemala and therefore subject to the laws and customs of that country and to the policies of [NAME OF ORGANIZATION];

2)     I will be working under, and subject to, the authority of the [NAME OF ORGANIZATION] Board or Directors and its agents, and will abide by their direction and recommendation while visiting and working in Guatemala;

3)     I will be responsible for obtaining the funds necessary to cover my transportation, lodging, meals, and any other expenses incidentally incurred on the trip.

I, _________, have carefully read this agreement and fully understand its contents and binding effect.  I acknowledge that I have had the opportunity to have this agreement reviewed by an attorney prior to the time I signed it.  I understand that this agreement is a legal contract between me and [NAME OF ORGANIZATION] that affects my legal rights.  I represent that I am signing this agreement knowingly, voluntarily, and of my own free will.

Signature/Print Name:                                                                  /      ______                                   _____

Signature/Print Name of Spouse or Significant Other:                                                /                   _______