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volunteer wiaver form
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WAIVER AND LIABILITY RELEASE BY
"MANOS
CON ALAS MINISTRIES" VOLUNTEER
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THIS DOCUMENT AFFECTS IMPORTANT RIGHTS – PLEASE
READ CAREFULLY
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?xml:namespace>
1. MCAM - An All Volunteer
Organization.
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Manos Con Alas Ministries (MCAM) is a
non-profit, religious, 501c(3) corporation that provides free medical and
dental services for indigent persons in the State of Baja California Sur
and (BCN) Norte, Mexico, and other areas and countries, through personnel
that volunteer their time and services. Because of the remote locations of the clinics
through which MCAM dispenses its services, most transportation to and from
the clinic sites is provided by charitable owner pilots of private aircraft
who volunteer their time and aircraft. I understand that instead of flying with MCAM
volunteer pilots, I may make my own arrangements for transportation to the
MCAM clinics by private or public air or surface transportation.
2.
Assumption of Risk.
I understand that traveling to and from
Mexico, and in particular
traveling in private aircraft, necessarily entails a risk of grave bodily
injury or death from pilot error or other circumstances. Private aircraft
flights can crash from mechanical failure, negligent maintenance, range and
altitude limitations of aircraft, defects in runways and unimproved landing
strips, interference by wildlife, limited or non-existent air traffic
control and radar coverage in Mexico, limited approach procedures to
controlled airports, lack of instrument approach and departure procedures
at airports of use in Mexico, limited or non-existent search and rescue in
Mexico, unfavorable weather or terrain conditions, latent defects in
aircraft or other modes of transportation such as van, bus, train, or car, the possibility of
contaminated fuel, hostile environment or government activities, terrorist
acts, lack of sufficient security for aircraft and personnel, or other
causes, or a combination of causes. I expressly agree to assume the risks inherent
in travel to, from, and within
Mexico, and other
countries by private aircraft or otherwise.
3. No MCAM
Insurance.
I
understand and acknowledge that MCAM maintains no insurance. It has neither liability nor workers’ compensation
insurance.
Further, I understand and acknowledge that MCAM’s directors and
officers may be immune to suit and that, other than the insurance carried
by the MCAM volunteer pilot with whom I travel, there will be no other
funds from which to recover in the event of an aircraft or vehicular
accident.
4. Volunteer Pilot
Insurance.
I understand and acknowledge that MCAM requires
its volunteer pilots to have a minimum of $1 million aircraft liability
insurance per aircraft accident, with sub-limits no less than $100,000 per
passenger I understand and
acknowledge that the liability insurance carried by the MCAM volunteer
pilot with whom I travel will be the sole source of recovery available to
me and my survivors in the event of an accident in which I sustain injuries
or death.
5. MCAM Volunteer Pilot - The Final Authority As
to The Safety of The Flight.
I understand and acknowledge
that for practical reasons, MCAM may introduce me to a volunteer pilot for
the purpose of flying to
Mexico on a MCAM mission, but
that MCAM makes no representations or warranties of the pilot’s experience
or qualifications.
While MCAM requires its volunteer pilots to have adequate flight
experience, and
strongly
suggests an
instrument rating, and adequate
Mexico cross country
experience, and to meet all other requirements of the Federal Aviation
Regulations, I understand and acknowledge that MCAM relies upon the
veracity of its volunteer pilots to certify that all of MCAM requirements
have been met. I
further understand and acknowledge that the MCAM volunteer pilot alone will
determine the place and time of departure, the safety and airworthiness of
his or her aircraft, the route or path of the flight, the adequacy of the
weather, trip security, the altitude of the flight, and the various
airports at which the pilot intends to land. I further acknowledge that MCAM is not
responsible for these choices and decisions made by the pilot. I understand
and acknowledge that the volunteer pilot with whom I fly has the sole and
ultimate responsibility for my safe transportation to and from
Mexico for purposes of the MCAM
mission. I further understand and acknowledge
that at any time I have the right to refuse to fly with any particular
pilot who volunteers his or her services for the MCAM mission.
6.
Understanding of Risks.
By signing this Waiver and
Liability Release, I am indicating that I fully understand and am aware of
the risks referred to above and that, after consideration of those risks, I
wish to participate in the charitable activities of MCAM, including flying
within an aircraft owned or flown by a volunteer pilot, without imposing
any risk of liability on MCAM.
7. Release and Waiver of
Liability.
Being fully informed of the risks of traveling
to and from Mexico, and other countries to participate in a MCAM mission,
and having agreed to assume those risks, I, on behalf of my heirs,
successors, assigns, agents, employees, and representatives, hereby release
and forever discharge:
a.
MCAM and its directors, officers, volunteers,
agents, attorneys and employees, and their families from any and all
claims, debts, liabilities, demands, obligations, costs, expenses, actions
and causes of action of every nature, character, and description, known or
unknown, including personal injury and death, which I may now own or hold,
or have at any time heretofore owned or held, or may at any time hereafter
own or hold by reason of any matter, cause or thing whatsoever, occurred,
done, omitted or suffered to be done, in connection with my travel by
aircraft or other vehicle to and from clinics and medical activities
presently or hereafter sponsored or organized by MCAM, its directors,
officers, employees, members or volunteers, AND
b. Volunteer pilots who fly MCAM
missions from any personal liability beyond the aircraft liability insurance coverage they provide in
accordance with MCAM requirements, for any and all claims, debts,
liabilities, demands, obligations, costs, expenses, actions and causes of
action of every nature, character, and description, known or unknown,
including personal injury and death, which I may now own or hold, or have
at any
c. time heretofore owned or held, or may at any
time hereafter own or hold by reason of any matter, cause or thing
whatsoever, occurred, done, omitted or suffered to be done, in connection
with my travel by aircraft or other vehicle to and from clinics and medical
activities presently or hereafter sponsored or organized by MCAM, its
directors, officers, employees, members or volunteers.
8. Waiver of
California Civil Code Section
1542.
Further, I am advised that
California Civil Code § 1542 provides that:
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.
I understand and acknowledge
the significance and consequences of California Civil Code § 1542 and hereby elect to
waive the benefits of its provisions, with the intent that this release and
waiver of liability shall include claims known or unknown, and unknown and
unsuspected.
9. Full and Complete
Release.
I understand and acknowledge that this Waiver
and Release of Liability is intended as a complete and continuous release
for all trips or transportation provided to me by MCAM volunteer pilots on
or after the date that I sign this Waiver and Release of Liability.
10.
Right to Legal Counsel.
I
understand and acknowledge that
I may seek advice from legal counsel if I have any doubt before signing
this Agreement. By
signing this Agreement I
acknowledge that I have either sought the advice of legal counsel or
wish to now intentionally waive the
opportunity to talk to a lawyer by my signature on this Agreement.
11.
Understanding of This
Document.
I
understand and acknowledge that by signing this Agreement, I am
confirming that I understand the
language used in it.
I represent that if there is any word or phrase that I did not
understand, that I have sought the advice of an attorney or other person
for an explanation.
I acknowledge that neither I nor my heirs or representative will
later claim in the event of injury, death or property damage, that I did
not understand what I was signing in this Agreement.
12.
Indemnification
Obligation.
I agree to hold harmless and
indemnify (reimburse) the parties being released for any costs or
attorney’s fees that may be incurred as a result of any challenge to this
Release or legal action brought in contravention of this Agreement, in
litigation resulting from my injury, death or property damage, in
connection with any trip with MCAM.
13. Full
and Complete Agreement
Posted by Dr Bud
on Feb-11 11
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Volunteer Waiver Form to print
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WAIVER AND LIABILITY RELEASE BY
"MANOS CON ALAS MINISTRIES" VOLUNTEER
THIS DOCUMENT AFFECTS IMPORTANT RIGHTS – PLEASE READ CAREFULLY
1. MCAM - An All Volunteer Organization.
Manos Con Alas Ministries (MCAM) is a non-profit, religious, 501c(3) corporation that provides free medical and dental services for indigent persons in the State of Baja California Sur and (BCN) Norte, Mexico, and other areas and countries, through personnel that volunteer their time and services. Because of the remote locations of the clinics through which MCAM dispenses its services, most transportation to and from the clinic sites is provided by charitable owner pilots of private aircraft who volunteer their time and aircraft. I understand that instead of flying with MCAM volunteer pilots, I may make my own arrangements for transportation to the MCAM clinics by private or public air or surface transportation.
2. Assumption of Risk.
I understand that traveling to and from
Mexico, and in particular traveling in private aircraft, necessarily entails a risk of grave bodily injury or death from pilot error or other circumstances. Private aircraft flights can crash from mechanical failure, negligent maintenance, range and altitude limitations of aircraft, defects in runways and unimproved landing strips, interference by wildlife, limited or non-existent air traffic control and radar coverage in Mexico, limited approach procedures to controlled airports, lack of instrument approach and departure procedures at airports of use in Mexico, limited or non-existent search and rescue in Mexico, unfavorable weather or terrain conditions, latent defects in aircraft or other modes of transportation such as van, bus, train, or car, the possibility of contaminated fuel, hostile environment or government activities, terrorist acts, lack of sufficient security for aircraft and personnel, or other causes, or a combination of causes. I expressly agree to assume the risks inherent in travel to, from, and within
Mexico, and other countries by private aircraft or otherwise.
3. No MCAM Insurance.
I understand and acknowledge that MCAM maintains no insurance. It has neither liability nor workers' compensation insurance. Further, I understand and acknowledge that MCAM's directors and officers may be immune to suit and that, other than the insurance carried by the MCAM volunteer pilot with whom I travel, there will be no other funds from which to recover in the event of an aircraft or vehicular accident.
4. Volunteer Pilot Insurance.
I understand and acknowledge that MCAM requires its volunteer pilots to have a minimum of $1 million aircraft liability insurance per aircraft accident, with sub-limits no less than $100,000 per passenger I understand and acknowledge that the liability insurance carried by the MCAM volunteer pilot with whom I travel will be the sole source of recovery available to me and my survivors in the event of an accident in which I sustain injuries or death.
5. MCAM Volunteer Pilot - The Final Authority As to The Safety of The Flight.
I understand and acknowledge that for practical reasons, MCAM may introduce me to a volunteer pilot for the purpose of flying to
Mexico on a MCAM mission, but that MCAM makes no representations or warranties of the pilot's experience or qualifications. While MCAM requires its volunteer pilots to have adequate flight experience, and strongly suggests an instrument rating, and adequate
Mexico cross country experience, and to meet all other requirements of the Federal Aviation Regulations, I understand and acknowledge that MCAM relies upon the veracity of its volunteer pilots to certify that all of MCAM requirements have been met. I further understand and acknowledge that the MCAM volunteer pilot alone will determine the place and time of departure, the safety and airworthiness of his or her aircraft, the route or path of the flight, the adequacy of the weather, trip security, the altitude of the flight, and the various airports at which the pilot intends to land. I further acknowledge that MCAM is not responsible for these choices and decisions made by the pilot. I understand and acknowledge that the volunteer pilot with whom I fly has the sole and ultimate responsibility for my safe transportation to and from
Mexico for purposes of the MCAM mission. I further understand and acknowledge that at any time I have the right to refuse to fly with any particular pilot who volunteers his or her services for the MCAM mission.
6. Understanding of Risks.
By signing this Waiver and Liability Release, I am indicating that I fully understand and am aware of the risks referred to above and that, after consideration of those risks, I wish to participate in the charitable activities of MCAM, including flying within an aircraft owned or flown by a volunteer pilot, without imposing any risk of liability on MCAM.
7. Release and Waiver of Liability.
Being fully informed of the risks of traveling to and from Mexico, and other countries to participate in a MCAM mission, and having agreed to assume those risks, I, on behalf of my heirs, successors, assigns, agents, employees, and representatives, hereby release and forever discharge:
a. MCAM and its directors, officers, volunteers, agents, attorneys and employees, and their families from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death, which I may now own or hold, or have at any time heretofore owned or held, or may at any time hereafter own or hold by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with my travel by aircraft or other vehicle to and from clinics and medical activities presently or hereafter sponsored or organized by MCAM, its directors, officers, employees, members or volunteers, AND
b. Volunteer pilots who fly MCAM missions from any personal liability beyond the aircraft liability insurance coverage they provide in accordance with MCAM requirements, for any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death, which I may now own or hold, or have at any
c. time heretofore owned or held, or may at any time hereafter own or hold by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with my travel by aircraft or other vehicle to and from clinics and medical activities presently or hereafter sponsored or organized by MCAM, its directors, officers, employees, members or volunteers.
8. Waiver of
California Civil Code Section 1542.
Further, I am advised that California Civil Code § 1542 provides that:
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.
I understand and acknowledge the significance and consequences of California Civil Code § 1542 and hereby elect to waive the benefits of its provisions, with the intent that this release and waiver of liability shall include claims known or unknown, and unknown and unsuspected.
9. Full and Complete Release.
I understand and acknowledge that this Waiver and Release of Liability is intended as a complete and continuous release for all trips or transportation provided to me by MCAM volunteer pilots on or after the date that I sign this Waiver and Release of Liability.
10. Right to Legal Counsel.
I understand and acknowledge that I may seek advice from legal counsel if I have any doubt before signing this Agreement. By signing this Agreement I acknowledge that I have either sought the advice of legal counsel or wish to now intentionally waive the opportunity to talk to a lawyer by my signature on this Agreement.
11. Understanding of This Document.
I understand and acknowledge that by signing this Agreement, I am confirming that I understand the language used in it. I represent that if there is any word or phrase that I did not understand, that I have sought the advice of an attorney or other person for an explanation. I acknowledge that neither I nor my heirs or representative will later claim in the event of injury, death or property damage, that I did not understand what I was signing in this Agreement.
12. Indemnification Obligation.
I agree to hold harmless and indemnify (reimburse) the parties being released for any costs or attorney's fees that may be incurred as a result of any challenge to this Release or legal action brought in contravention of this Agreement, in litigation resulting from my injury, death or property damage, in connection with any trip with MCAM.
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