As consideration for permission to participate in a short-term mission project facilitated by the organization, New Mercy Palisades Church (“NMPC”), located at Palisades Park and Englewood Cliffs, NJ, USA, a project which includes, but is not limited to: a short-term mission trip to Thailand, fundraising events, and training sessions (collectively hereinafter, “Mission Project”) I, for myself, for personal representatives, assigns, heirs, and next of kin enter into the following Waiver of Liability and:
- ACKNOWLEDGE, agree, and represent that I understand the nature of my involvement and participation with regard to the Mission Project and that I am in good health and in proper physical condition to participate in any such activities.
- FULLY UNDERSTAND THAT: my participation in the Mission Project involves inherent risks, including but not limited to serious bodily injury, permanent disability, paralysis, and death (‘Risks’). These Risks may result from my own actions or inactions, the actions or inactions of others, the condition of the premises, and/or the negligence of the ‘Releasees’ named below. I acknowledge that some Risks may be unforeseen or unknown at this time. Nonetheless, I fully accept all Risks and assume full responsibility for any injuries, losses, costs, or damages arising from my participation in the Mission Project."
- HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE New Mercy Palisades Church and NMPC or their respective administrators, directors, agents, officers, members, volunteers, and employees; other participants; any sponsors; advertisers; and, if applicable, owners and lessors of premises on which any Mission Project activity takes place, (each considered one of the "Releasees" herein) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations and I further agree that if I, or anyone acting on my behalf, asserts a claim against any of the Releasees, I shall indemnify, defend, and hold harmless each of the Releasees from any expenses, including but not limited to, litigation costs, attorney’s fees, judgments, and settlements arising directly or indirectly from such claims, regardless of whether such claims arise from the alleged negligence of the Releasees.
- ARBITRATION CLAUSE: Any dispute or claim arising out of or related to this Waiver or my participation in the Mission Project shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Any arbitration shall take place in New Jersey, and judgment on the arbitration award may be entered in any court having jurisdiction. The parties waive their right to a jury trial or to participate in a class action regarding any dispute arising from this Waiver.
- SEVERABILITY: If any provision of this Waiver is found to be unenforceable under New Jersey law, such provision shall be modified to the extent necessary to make it enforceable, and the remainder of the Waiver shall remain in full force and effect.
- SCOPE LIMITATIONS: I understand that this waiver does not release the Releasees from liability for gross negligence, reckless conduct, intentional misconduct, or any other liability that cannot be waived under New Jersey law.
I HAVE READ THIS WAIVER OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS WAIVER OF LIABILITY IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
Please sign and date below: