Sisters of Mary Boystowns and Girlstowns

Waiver of Liability | Hold Harmless

Release and Waiver of Liability Agreement

PLEASE READ CAREFULLY – THIS IS A LEGAL DOCUMENT

This Release and Waiver of Liability Agreement (the “Agreement”) is being executed by the Participant in favor of Sisters of Mary Boystowns and Girlstowns, Inc. (still dba Sisters of Mary World Villages for Children), a nonprofit corporation organized and existing under the laws of the State of Maryland, USA, with its executive office in Lanham, Maryland, any affiliated organizations in other nations, including The Sisters of Mary, and the directors, officers, employees, servants, representatives and agents of each of the foregoing (collectively, hereinafter, “SISTERS OF MARY”).

The Participant desires to participate as a Pilgrimage Volunteer for SISTERS OF MARY and engage in activities assisting The Sisters of Mary (SM) outside the continental United States during a scheduled Pilgrimage Trip. The participant understands that the activities of the Pilgrimage Trip may include, but are not limited to, traveling to and from other countries, traveling to and from other cities and towns within other countries, consuming food and living in accommodations available and provided in one or more foreign countries, and performing work or engaging in other activities, both indoors and outdoors, that arise out of or in any way relate to the Pilgrimage Trip.

The Participant hereby freely and voluntarily, without duress, executes this Release and Waiver of Liability Agreement under the following terms:

1. Release of Liability.  The Participant, for him or herself, and for his or her heirs, executors, administers and assigns,  releases and forever holds harmless (SISTERS OF MARY as defined above), and its successors and assigns, and any person, any bus company, or any other transportation service that may transport the  Participant in a privately-owned or rented vehicle (collectively, “ADDITIONAL RELEASEES”), to or from any activities relating to participation in the Pilgrimage Trip, from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise out of or may in any way relate to   participation in the Pilgrimage Trip.

The Participant understands and acknowledges that this Release discharges SISTERS OF MARY and the ADDITIONAL RELEASEES from any liability or claim that the Participant may have with respect to any personal injury, illness, death, or property damage that arises out of or in any way relates to participation in the Pilgrimage Trip, including, without limiting the foregoing, any claim that arises out of or in any way relating to any first-aid, medical treatment, evacuation or other medical services rendered in connection with participation in the Pilgrimage Trip.

2. Indemnity and Hold Harmless. The Participant, each for him or herself and for his or her heirs, executors, administrators and assigns, agrees to indemnify and hold harmless SISTERS OF MARY (as defined above), and its successors and assigns, as well as any ADDITIONAL RELEASEES (as defined above) from any liability or claim arising out of or in any way related to participation in the Pilgrimage Trip, irrespective of whether or not it is caused by or in any way contributed to by the negligence or fault of SISTERS OF MARY, or of any ADDITIONAL RELEASEES.

3. Insurance/Financial Assistance. The Participant understands and recognizes that, except as SISTERS OF MARY, USA may have been involved in arranging for the Participant’s procurement of certain insurance from a third party specifically described in a written document delivered by SISTERS OF MARY, USA to the Participant prior to commencement of the Pilgrimage Trip, SISTERS OF MARY has not assumed and shall not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance, in the event of injury, illness, death or property damage, and the Participant does not expect or look to SISTERS OF MARY to carry or maintain health, medical, or disability insurance coverage that is available to or provides coverage for any Participant on the Pilgrimage Trip.

4. Emergency Care Permission. The Participant hereby gives full permission for any emergency medical care to be sought on behalf of the  Participant during the Pilgrimage Trip and gives full permission for an attending physician to hospitalize, secure treatment for, and order injection, anesthesia, surgery and/or medical care or treatment for the Participant during the Pilgrimage Trip as may be deemed necessary by the physician and the trip leaders and specifically hold SISTERS OF MARY harmless with respect to any decision made concerning such care.

5. Assumption of the Risk. The Participant recognizes and understands that the Participant’s time assisting SISTERS OF MARY outside the continental United States in connection with the Pilgrimage Trip may include activities that may be inherently hazardous, including, but not limited to, local travel to and from various sites.  The Participant also understands and recognizes that there may be some inherent risk in consuming local foods and living in local accommodations available in any of the countries visited.  The Participant further understands and recognizes that the Participant may be traveling to and from locations where there is a risk of terrorism, war, insurrection, criminal activity, inclement weather, or other circumstance that could threaten the Participant’s safety or health.

The Participant also understands and recognizes that, in order to protect its employees and volunteers in all countries around the world, SISTERS OF MARY must reserve the right, in its sole discretion, to refuse to pay ransom or make any other payments in order to secure the release of any hostages.  Participant is advised that there are companies providing kidnap and ransom insurance and that SISTERS OF MARY assumes no responsibility for procuring such insurance for Participant or evaluating types and costs of such insurance.

The Participant hereby expressly and specifically assumes the risk of injury or harm in these activities and releases SISTERS OF MARY from all liability for injury, illness, death, or property damage resulting from the activities of the Participant in connection with the Pilgrimage Trip.

6. Photographic Release. The Participant grants and conveys unto SISTERS OF MARY all right, title, and interest in any and all photographic images and video or audio recordings made by SISTERS OF MARY during the Participant’s work for, SISTERS OF MARY including but not limited to, any royalties, proceeds or other benefits derived from such photographs or recordings. Participation releases and discharges SISTERS OF MARY from any and all liability or damages associated with the use of such images and/or recordings.

7. The Participant agrees and recognizes that the Participant is legally responsible for any and all personal actions taken during the Pilgrimage Trip and agrees to bear sole financial responsibility for any and all damages, legal fees and other costs incurred as a result of the Participant’s actions or omissions. The Participant further agrees that if the Visitor’s conduct is inappropriate, unsafe or detrimental to the Pilgrimage Trip of SISTERS OF MARY, the Participant may, at any time, be removed from the Pilgrimage Trip and sent home, in which case any resulting additional financial cost incurred shall be borne by and the sole responsibility of the Participant.

8. Other Matters. The Participant expressly agrees that this entire Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Maryland in the United States of America, and that this Agreement shall be governed by the and interpreted in accordance with the laws of the State of Maryland.  The Participant agrees that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement which shall continue to be enforceable.

Policy on Domestic and International Trips – Special Terms and Conditions

We are sensitive to issues relating to security and safety that may affect travel, especially international travel, involving volunteer participants for SISTERS OF MARY. Security or safety may be compromised due to extreme inclement weather, risks to health, political instability, acts of violence or terrorism, and other circumstances.  Accordingly, SISTERS OF MARY reserves the right to cancel your trip at any point up to your date of departure.  If circumstances arise during your trip that compromise safety or security, your trip may be cut short.

In addition, SISTERS OF MARY expects all participants to respect their fellow participants and the residents of the communities in which they are staying. SISTERS OF MARY reserves the right to ask any participant to leave the group if the participant engages in acts of serious misconduct, including violations of any SISTERS OF MARY policies, violations of the law (of the host country or sending country if traveling internationally), and acts that are determined by SISTERS OF MARY or the location host to constitute serious misconduct.

If your trip is canceled or cut short, SISTERS OF MARY shall not be responsible for reimbursing you for your nonrefundable expenses. If you are asked to leave the group due to an act of serious misconduct, you shall do so at your own expense.

PARTICIPANT

Participant Name (printed): 

Age:   

Participant Signature:  

Date: 

Group Name: 

THE UNDERSIGNED PARTICIPANT IS EIGHTEEN (18) YEARS OF AGE OR OLDER, HAS READ THIS DOCUMENT, UNDERSTANDS IT, AND ACKNOWLEDGES THAT IT CONSTITUTES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS IN CONNECTION WITH THE ACTIVITIES DEFINED HEREIN, AND AGREES TO ASSUME ALL RISKS ARISING OUT OF SUCH ACTIVITIES.

MINOR PARTICIPANTS UNDER EIGHTEEN (18) YEARS OLD – WAIVER MUST BE SIGNED BY LEGAL GUARDIAN

Guardian Name (printed): 

Guardian Signature:

Date:  

LEGAL GUARDIAN IS EIGHTEEN (18) YEARS OF AGE OR OLDER, HAS READ THIS DOCUMENT, UNDERSTANDS IT, AND ACKNOWLEDGES THAT IT CONSTITUTES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS IN CONNECTION WITH THE ACTIVITIES DEFINED HEREIN, AND AGREES, FOR HIMSELF/HERSELF, AND ON BEHALF OF THE MINOR PARTICIPANT, TO ASSUME ALL RISKS ARISING OUT OF SUCH ACTIVITIES.