THIS DOCUMENT AFFECTS IMPORTANT LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
1. Mexican Medical, Inc. (“MMI”) is a non-profit, charitable corporation which assists in the provision of medical,
surgical, construction and other services for indigent persons in Mexico. These services are provided by qualified
medical and support personnel and other volunteers who donate their time and services. The services are provided in remote locations. I am volunteering my time and services to such ministry activities.
2. I understand and acknowledge that I will be driving or traveling with other volunteers who will be driving me to the site of ministry activity. Neither I nor such a driver is an employee of or controlled by MMI, but rather is another volunteer in the ministry activity who has elected to drive to the ministry activity in lieu of making other arrangements for his or her personal transportation. I further understand and acknowledge that the Driver alone will determine certain aspects of the operation of the vehicle, travel and other details of the trip.
3. I understand that instead of arranging to travel with volunteer Drivers, I may make alternative arrangements to secure public or other transportation to the site of ministry activities. I understand that I have other alternatives for transportation. I understand that MMI does not require me to travel as a passenger with the volunteer Driver in order for me to participate in the ministry activities for which I am volunteering.
4. I understand and acknowledge that all volunteers are completely responsible for their own suitability to travel by ground to the site of ministry activities and to participate in ministry activities and that I am strongly encouraged to consult a physician prior to departure should I have any concerns regarding my suitability to travel or participate in ministry activities. I understand that I will be traveling by ground, lodging and working in a country other than the United States and may face additional risks in doing so.
5. I understand and acknowledge that MMI does not maintain insurance with respect to ministry activities or the travel described above. I understand and acknowledge that any applicable liability insurance carried by me or any
volunteer Driver with whom I travel will be the sole source of insurance funds available to me or my survivors in the event of an accident or death which may occur in the course of such travel.
6. I understand and acknowledge that MMI has no workers’ compensation coverage applicable to my work as a volunteer. While I am working in Mexico or elsewhere on a MMI mission, I am not covered by workers’ compensation insurance or any other type of insurance provided by MMI. I understand and acknowledge that as a volunteer on a MMI mission, I am not an employee of MMI.
7. I understand and acknowledge that I am not to transport any medication (due to strict Customs’ restrictions that I might not be aware of) in support of the ministry activity without clearing the items with MMI. This medicine restriction does not include any medications that I have in my possession for personal use, but in the event such personal use medication is a prescription medication, I shall have in my possession a copy of the prescription or a medical container clearly identified with my name.
8. I understand and acknowledge that my travel to or from Mexico, and work at a MMI ministry site necessarily entails a risk of great bodily injury or death. Such risks arise from a number of sources including, but not limited to, accidents or breakdowns involving other modes of transportation, such as by van or car, the possibility of contaminated fuel, hostile environment or government activities, criminal activities, terrorist acts, lack of sufficient security or other causes, illness or a combination of such events. I voluntarily, expressly agree to assume all risks of injuries or illness, however caused, even if caused in whole or part by the action, inaction or negligence of MMI or any and all or other released parties, to the fullest extent allowed by law.
9. In consideration for my opportunity to participate in this ministry activity, and for other consideration set forth above, on behalf of my heirs, executors, successors, assigns, agents, employees, attorneys, and other representatives, I hereby release and forever discharge Mexican Medical, Inc. and its directors, trustees, officers, employees, volunteers, agents, attorneys, and related persons from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of any nature, character and description, known or unknown, including personal injury and death, which I alone may now own or hold or at any time before this owned or held, or 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 or actions related to any ministry activities or mission trip presently or hereafter sponsored or organized by MMI, or any other persons or parties released above.
10. I am advised, understand and acknowledge that California Civil Code section 1542 provides that:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR.”
I understand and acknowledge the significance and consequences of California Civil Code section 1542 and hereby elect to waive the benefits of its provisions, with the intent that this release shall include claims known, unknown or unsuspected.
11. I agree to hold harmless and indemnify the parties being released (as described in par. 10) from any costs or attorneys’ fees that may be incurred as a result of any challenge to this Release or any legal action brought in contravention of this Agreement, in litigation resulting from my injury, death or property damage, or otherwise in
connection with any trip to conduct ministry activity with MMI.
12. I understand and acknowledge that I may seek advice from legal counsel before signing this Release Agreement, and by signing this Agreement I acknowledge that I have sought the advice of legal counsel or wish now to intentionally waive the opportunity to discuss this Release with an attorney.
13. I understand and acknowledge that by signing this Agreement, I am confirming that I understand the language used in this Release. If translation of this Release or any wording contained in it is necessary, I understand that I have the ability to obtain such translation before signing the document.
14. I hereby grant permission to MMI to use, reproduce and/or distribute photographs, films, videotapes, and sound recordings of me, without compensation or approval rights, for use in materials created for the purposes of promoting or describing the activities of MMI, or otherwise.
15. This Agreement shall remain in full force and effect for the duration of the initial Ministry activities and subsequently, through December 31, 2025, unless it is revoked in writing.
16. I understand and acknowledge that this Release is a full and complete agreement, and that no other documents or other information produced apply at all to its terms of this Waiver and Liability Release. This document is a fully integrated, final and complete statement of the waiver and release of liability to which I have agreed. It may only be amended or modified in writing. If any provision of this Release is declared invalid, the remaining provisions shall remain enforceable.
17. I understand and acknowledge that this Waiver and Liability Release Agreement is a private contract entered into in California and that it shall be governed by California law regardless of where any occurrence covered by this Agreement takes place.
