Flying Kites Waiver and Release of Liability
Please read carefully before checking the box. This document includes a release of certain legal rights.
In consideration for being permitted to engage in any activities and/or travel with Flying Kites Inc., a duly organized Rhode Island Corporation, the undersigned participant (“Participant”) agrees to the following terms and conditions set forth below. As used herein “Flying Kites” refers to Flying Kites Inc., Flying Kites School, Flying Kites Children’s Home, Flying Kites Leadership Academy, Flying Kites Teacher Training Institute, and any other affiliated entities, and each and every one of the directors, officers, agents, employees, volunteers, and subcontractors of those entities. All activities and travel associated with Flying Kites (and if applicable, Flying Kites Adventure programs) are referred to as the “Program.”
1. Assumption of Risk
I acknowledge that the Program has inherent risks, hazards and dangers. I understand, acknowledge and assume all risks associated with the Program, any of which can cause injury or even death. A complete list is not possible, but I understand that some of those risks include, without limitation:
Weather, environmental, and surface and subsurface conditions that are unpredictable and dangerous, including risks associated with lightning, snow or ice accumulation, high altitude conditions, fallen timber, wild or domestic animals, ditches, and other natural hazards and dangers;
Risks associated with participating in activities beyond my mental and physical capabilities or which may otherwise cause me illness, injury, or even death because of a preexisting health condition, regardless of whether Flying Kites has knowledge of the condition at the time of my participation;
Risks associated with Flying Kites staff decision-making and conduct;
Risks of injuries, illnesses, and even death that could result from participating in a physically exerting activity; Risks of insect-borne or other illnesses existing in Kenya, Tanzania, or other foreign countries;
The unavailability of immediate and quality medical attention in an isolated and remote location;
Risks associated with interacting with unknown individuals from a different culture and with different values while on the Program, which are unforeseeable and unavoidable; and
Risks associated with crime and terrorism in a foreign country (I acknowledge the travel warnings posted on the U.S. State Department’s website and assume the risk of all dangers cited therein).
I acknowledge that there are other risks, hazards, and dangers associated with the Program and that I assume and accept all risks of illness, injury, or death. I am voluntarily participating in the Program. I understand and agree that Flying Kites may not be held liable or responsible in any way for my injury, death, damages, or events that may occur as a result of my participation in the Program.
2. Waiver and Release of Liability
I, on my own behalf, and on behalf of my heirs, successors, executors, assigns, subrogees, and all members of my family, hereby release from any and all legal liability, and agree not to sue, claim against, attach the property of, or prosecute, and further agree to defend, indemnify (“indemnify” meaning protect by reimbursement or payment), and hold harmless Flying Kites from and against any and all claims, actions, liabilities, suits, and expenses (including reasonable attorney’s fees) which are related to, arise out of, or are in any way connected with my involvement in the Program (including all travel associated with the Program), regardless of whether they are foreseen or unforeseen, and regardless of whether such damage, loss, injury, or death results from the negligent conduct or from some other cause. I expressly understand that I am releasing Flying Kites from any liability for damages I sustain resulting from Flying Kites’ negligence.
This release of liability includes, but is not limited to, any and all difficulties, complications, illnesses, disabilities, damages, injuries, or death occurring either directly or indirectly as a result of medical care or treatment or lack
thereof during the Program. I also agree to release and indemnify Flying Kites of and from any and all expense arising because of any claim which may be presented by anyone including any medical care provider or other third party, for expenses, loss, or damage as a result of medical care provided to me before, during, or after the Program. I also agree to accept all risk and fully release Flying Kites for any personal property loss or damage the I may sustain resulting from participation in the Program.
If Participant is under 18, Participant’s guardians or parents agree to be bound by the terms of this release of liability on their own and on Participant’s behalf.
3. Jurisdiction and Other Legal Information.
I agree that this document and all other aspects of my relationship with Flying Kites are governed by the laws of the Commonwealth of Massachusetts. Suffolk County, Massachusetts will be the sole jurisdiction and venue for any legal proceeding relating to or arising out of my participation in these activities. If a court or any other appropriate authority finds any portion of this document to be invalid, all other portions of this document will remain in full force and effect and binding upon the parties. This Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
By checking the box, I have carefully read and fully understand all terms of this document. I clearly understand that this document contains a release of legal rights and I sign it of my own free will.