RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (“Agreement”)
In consideration of being permitted to be present at, attend, observe, and/or participate in programs, visitations, activities, and/or transportation provided by Assisting Families of Inmates (“AFOI”), including but not limited to visitations at correctional institutions that AFOI provides from time to time (each an “Activity”), I, for myself, my assigns, my heirs and my personal representatives, as well as for any children or minors that accompany me or attend or otherwise participate in the Activities with me (collectively referred to herein as “me”, “I”, “myself” or “my”), in consideration of my involvement with such Activities, I:
1. Acknowledge, agree, and represent that I understand the nature of the Activities and the risks that they represent. I agree and warrant that if at any time, I become aware or suspect, that my participation in the Activities may result in the risk of harm to myself or any other person or if I become aware of situations or circumstances that might result in harm to myself or others, I will immediately inform AFOI representatives of the existence and nature of such risk and the details thereof.
2. Without limiting the generality of the foregoing, I understand that the Activities I may participate in or become in contact with include: (a) preparation and ingestion of food including preparation implements, the use of hot and cold elements, and the use of cleaning supplies; (b) indoor and outdoor recreational activities such as basketball and/or gardening; and, (c) transportation to and from the location where the Activities are being conducted. Among other things, I agree to use due caution in participating or attending such Activities in light of the Activities and agree to promptly and fully advise and disclose to all appropriate personnel any dangers or risks that I am or become aware of (including without limitation any sensitivities, allergies, physical or mental medical condition, or any other factor that could result in increased risk of injury or harm) and agree that the terms of this Agreement apply to all such Activities.
3. Understand that it is my responsibility to comply with all procedures, instructions, requirements, rules, and regulations, including safety, restriction, and hygiene procedures and protocols intended to lessen the risk of the spread of disease or other harm or injury to participants or those involved with hosting, implementing, or conducting the Activities. I further understand that it is my responsibility to comply with all laws and other requirement(s) imposed by Federal, state, local, and correctional authorities, as well as any AFOI rules, instructions, or requirements that apply to Activities in which I am involved. I specifically agree to comply with and abide by any and all requirements, rules, or restrictions regarding or related to Covid and its variants, including any obligation that I disclose my vaccine status, proof of vaccination, or other Covid status.
4. Authorize (a) AFOI, its employees, agents, representatives, directors, officers, and volunteers; (b) any and all third-party land-owners (including without limitation correctional institutions and entities that host AFOI Activities) that own or operate the locations at which Activities occur and their employees, agents, representatives, directors, officers, and volunteers; and (c) any and all transportation providers that are providing transportation in connection with the Activities, and their respective employees, agents, representatives, directors, officers, and volunteers (collectively “Releasees”), as well as any medical care provider(s), to provide any emergency care or emergency medical transport to me, as may be necessary in the sole discretion of such providers and agree to be fully responsible for any fees, charges, or costs associated with such transport and care. I acknowledge that none of Releasees are responsible for any injuries or harm to me received as a result of or in connection with my participation or attendance (whether that injury or harm is caused by a Releasee or another third-party) at an AFOI Activity and I agree to indemnify and hold AFOI and all other Releasees harmless for any such injury or harm.
5. AGREE, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THAT AFOI DOES NOT MAKE, AND AFOI EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS AGREEMENT, THE ACTIVITIES, THE TRANSPORTATION ASSOCIATED WITH THE ACTIVITIES, WHETHER SUCH DISCLAIMED WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. WITHOUT LIMITATION TO THE FOREGOING, AFOI DOES NOT PROVIDE ANY WARRANTY, ASSURANCE, OR UNDERTAKING AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE ACTIVITIES OR THE TRANSPORTATION ASSOCIATED THEREWITH WILL MEET MY REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. I EXPRESSLY AGREE THAT THE ACTIVITIES AND ALL TRANSPORTATION PROVIDED THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
6. AGREE TO BE RESPONSIBLE FOR AND RELEASE, DISCHARGE, HOLD HARMLESS, AND AGREE NEVER TO SUE (OR OTHERWISE SEEK RECOURSE THROUGH ARBITRATION OR OTHER LEGAL MEANS) RELEASEES FOR ANY LIABILITY, CLAIM, DEMAND, LOSS, INJURY, HARM, OR DAMAGE RESULTING FROM OR RELATED TO PARTICIPATION IN OR ATTENDANCE OF ANY ACTIVITY, INCLUDING BUT NOT LIMITED TO PHYSICAL (INCLUDING DEATH), MENTAL OR EMOTIONAL HARM OF ANY KIND, LOSS OF PHYSICAL PROPERTY OF ANY KIND (WHETHER RESULTING FROM MY ACTIONS OR
THE ACTIONS OF OTHERS) OR COSTS, EXPENSES OR OTHER LIABILITIES INCURRED AS A RESULT OF MY PARTICIPATION IN OR ATTENDANCE OF ANY ACTIVITY OR ENFORCEMENT OF RULES, OBLIGATIONS OR OTHER REQUIREMENTS ASSOCIATED WITH SUCH ACTIVITY. I UNDERSTAND THAT THIS PARAGRAPH AND THE TERMS THEREOF SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR NEGLIGENT OMISSIONS OF ANY RELEASEE. I FURTHER AGREE THAT IF, DESPITE THIS AGREEMENT, I OR ANYONE ACTING ON MY BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES, I WILL DEFEND, INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY ATTORNEY’S FEES, LOSSES, LIABILITIES, DAMAGES AND EXPENSES WHICH RELEASES INCUR OR MAY INCUR AS A RESULT OF SUCH CLAIM. TO THE GREATEST EXTENT PERMITTED BY LAW, AFOI SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR INDIRECT DAMAGES, OR ANY DAMAGES FOR LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, LOST REVENUE OR LOST BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SUCH LIMITATION SHALL APPLY REGARDLESS OF THEORY OF LIABILITY AND REGARDLESS IF AFOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. I agree that, in any event, AFOI’s total liability (if any) to me and anyone claiming through me for damages, losses, and causes of action arising out of or relating to this Agreement or the Activities (whether in contract, tort including negligence, warranty, or otherwise), will not exceed the lesser of: (a) amount actually paid by me, if any, to AFOI, in connection with such Activity; or (b) five thousand dollars ($5,000.00). The essential purpose of this provision is to limit the potential liability of AFOI arising out of this Agreement, the Activities, or transportation provided therewith whether for breach of contract, negligence, or otherwise.
7. Understand that some of the Activities may involve or result in dangers or risks, including some that may be unexpected, unaccounted for, or unprevented. Such risks may be caused or exacerbated by my own actions or inactions and/or by the actions or inactions of others. I understand that attending correctional institutions in particular may involve the risk of certain harms and that no guarantees are offered or provided by AFOI or Releasees. I recognize that not all risks may be disclosed and that descriptions of risks may be incomplete. WITH A FULL UNDERSTANDING AND APPRECIATION OF SUCH RISKS AND THE FOREGOING, I VOLUNTARILY AGREE TO ASSUME ANY AND ALL RISKS ASSOCIATED WITH PARTICIPATING IN OR ATTENDING THE ACTIVITY AND ANY AND ALL RESPONSIBILITY FOR ANY LOSSES, COSTS, AND DAMAGES, I INCUR OR MAY INCUR AS A RESULT OF OR IN CONNECTION WITH THE ACTIVITIES.
8. I understand that this Agreement is in effect every time I am at an Activity (regardless of location). I agree that this Agreement is a contract that may be enforced to the fullest extent allowed by law and will be binding on me, my assignees, subrogors, heirs, assigns, executors, and personal representatives. If any part of this Agreement is deemed unenforceable, I agree that the remaining term shall be enforceable. I acknowledge and agree that this Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia.
9. Understand that AFOI reserves the right to discontinue my involvement or require me to leave any Activity at any time, for any reason or no reason in AFOI’s sole discretion.
10. Understand that it is a violation of law to place a reservation with AFOI in a false name or with an invalid credit card number with the intent to defraud. AFOI reserves the right to prosecute fraudulent users to the fullest extent of the law. I therefore agree not to input false information in a reservation form or other AFOI document.
11. Acknowledge that disruptions and alterations to Activities may be required or may occur (including for reasons beyond the control of AFOI). I acknowledge that transportation may not arrive or depart on schedule and/or that Activities may be changed, canceled, or cut short without advance notice. I specifically waive any claims against Releasees for damages resulting from such changes, delays, or cancellations.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE EXCEPT FOR THE OPPORTUNITY TO PARTICIPATE IN THE ACTIVITY (SUBJECT TO ACTIVITY, AFOI AND RELEASEE RULES AND RESTRICTIONS).