This is a legal document by signing this document, you will waive certain legal rights, including the right to sue or claim compensation. Please read it carefully.
I am freely requesting to access and participate in financially assisted travel (including but not limited to by airplane, ferry, bus, or car), accommodations, and meals (the â€œServicesâ€) organized or coordinated by Hope Air, a not-for-profit organization, for the purpose of accessing medical care. I understand that Hope Air may contract third parties to carry out the Services, including but not limited to commercial and private air carriers, hotels, and restaurants (the â€œContracted Third Partiesâ€). I understand that accessing and participating in the Services exposes me to inherent risk, including but not limited to the risk of property damage or injury associated with travel. While Hope Air strives to reduce these risks, they can never be completely eliminated. I understand that it is my choice to access and participate in the Services. I also understand that I do so at my own risk. In exchange for accessing and participating in the Services, I agree to all the terms and conditions set out in this document (the "Waiver and Release").
- I am aware and understand that the Services involve foreseen and unforeseen risks, dangers, and hazards, including but not limited to the risk of property damage, injury, or death. I acknowledge that I am voluntarily participating in the services. I freely accept and fully assume any and all of the risks, dangers, and hazards involved and the possibility of property damage, injury, or death, whether caused by the negligence of the Contracted Third Parties or otherwise.
- I expressly waive and release Hope Air and its respective officers, directors, agents, employees, volunteers, heirs, assigns and successors (collectively, the "Organization") from any and all claims, demands, liability (under federal law or the law of any province or country), fees, expenses, and cost of any kind whatsoever, which I may have or may in the future have on account of, or in any way related to, directly arising, or alleged to have arisen from the Services, due to any cause whatsoever, including without limitation the negligence of the Organization, breach of contract, or breach of any statutory or other duty of care owing under occupierâ€™s liability legislation or otherwise. I agree not to make or bring any such claim against the Organization, and forever release and discharge the Organization from liability under such claims.
- I agree that I will be solely responsible for all claims, demands, damages, costs, expenses, actions, and causes of action, whether in law or in equity, resulting from any loss, personal injury, or property damage arising from my access to or participation in the Services
- If any term or provision of this Waiver and Release is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- This Waiver and Release will be binding on me and my heirs, executors, administrators and assigns, and the Organization and its successors and assigns.
- This Waiver and Release will be governed by and construed in accordance with the laws of the province of Ontario and the applicable federal laws of Canada.
- I acknowledge that I have had an opportunity to read this document and fully understand its terms and have had an opportunity to seek clarification concerning its terms. I understand that if I have any questions regarding this document, I should obtain legal advice prior to signing it.
- I certify that I am over the age of 18 or if I am under the age of 18 that my parent or guardian will agree to sign this Waiver and Release and provide necessary documentation on my behalf.