Waiver of Liability Agreement
I. Waiver and Release.In consideration of being permitted to participate in any way in any business travel events sponsored in whole or in part by Rank Above Others, Inc. hereinafter referred to as the “Travel Plan,” I, (as Employee, for myself, my heirs, personal representative) do hereby release, waiver, discharge, and covenant not to bring suit or legal or equitable action against Rank Above Others, Inc., its trustees, owners, officers, employees, and agents, successors and assigns (hereinafter known as RAO) from any and all obligations, liabilities, demands, claims, costs and expenses, including attorney’s fees arising out of or in any way connected with the aforementioned travel, said release to include but not be limited to events resulting in personal injury, accident, or illness, including death and property loss arising from participation in the Travel Plan, including those claimed to result from the negligence of the aforementioned parties and which arise out of or are in any way connected with, but not limited to any of the following:
A. Any change in the published itinerary of the Travel Plan, including the cancellation, abandonment or alteration of the Travel Plan at any time, or inconveniences thereof of any type or nature.B. Any and all claims of whatever nature for any injury, loss, damage, accident, delay, irregularity or expense arising from the use of any vehicle or other mode of transportation or services, strikes, war, weather, sickness, quarantine, government restrictions or regulations, or from any act or omission of any steamship, airline, railroad, bus transportation, sightseeing, hotel or any other service or transporting company, firm, individual or agency, or for any other cause whatsoever in connection therewith.C. Any intentional or unintentional injury, whether or not resulting in death, to the Employee or to any other person or persons caused in whole or part by the Employee or any other Employee(s), whether alone or together with or in association with others.D. Any loss or intentional or unintentional injury or damage to property, whether personal, real or mixed, owned or in the custody or possession of the Employee or any other person caused in whole or in part by the Employee, whether alone or together with or in association with others.E. Any fares or expenses paid or to be paid by the Employee or on behalf of the Employee pursuant to the passage ticket contract for the Travel Plan.Waiver of Liability © 2022 Rank Above Others, Inc.F. Any financial or other obligations or liabilities incurred by the Employee during the Travel Plan.
II. Assumption of Risks.Participation in the Travel Plan carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid same. I hereby acknowledge my awareness that my participation in this Travel Plan may expose me to the risk of personal bodily injury and/or property damage, including injury that may prove fatal. I further understand that the risks that I may encounter include but are not limited to, pedestrian, airplane crashes, car, van, bus, boat, ferry, other transportation-related accidents, and drowning; animal bites, white-water rafting, snorkeling, hiking, and horseback riding accidents; natural disaster, political unrest; international or domestic terrorist incidents including bombings.
III. Recreational Activities. I understand that if I engage in recreational activities, sports, tours, travel, or any other activities during free time and outside of organized RAO Travel Plan activities that RAO or its agents or employees assume no responsibility for my safety or any liability for costs or difficulties that I may incur, and that I participate in these activities at my own risk.
IV. Separation from Group. I agree that in the event that I become separated from the group due to failure to meet the group at an assigned time, I will bear all responsibility to seek out, contact, and reach the group at its next available destination, and I understand that I will bear all the costs involved in contacting and reaching the group.
V. Health Risks. I understand and acknowledge that there are inherent health risks associated with traveling. I agree that I am personally responsible for obtaining all health information, instruction, medical procedures, immunizations and medications appropriate to my intended travel. I recognize that RAO is not responsible for any of my medical or medication needs and I assume all risk and responsibility therefore.
VI. Representations Concerning Health. With full knowledge of the risks, I represent myself to be in good health and do not have any condition which will interfere with my ability to participate in the Travel Plan or endanger my health or safety or the health or safety of other employees. I have valid and current insurance to cover any injury or damage I may cause or suffer while participating in the Travel Plan or I otherwise agree to personally bear the costs of such injury or damage.
VII. Medical Authorization. I, the undersigned, without establishing obligation, hereby give my permission and full authority to RAO and any of its officers, employees or agents to take whatever action they deem warranted under the circumstances and to act as my agent regarding my health and safety. This includes permission to render or have rendered medical treatment, including the giving of antibiotics or other medication, and to consent to any examinations, x-rays, anesthetic, medical or surgical diagnosis or treatment and hospital care if and when deemed necessary at the treating physician’s reasonable discretion whether such treatment is rendered at the offices of such physicians or at a hospital. This authority will permit RAO, its officers, employees or agents at their discretion to place me at my own expense, in the hospital at any point for medical services and treatment or, if no hospital is available or if the attending physician deems appropriate, to place me in the hands of a local physician for treatment. I acknowledge that this authorization is not given in advance of any specific diagnosis, treatment or hospital care. However it is given to provide authority and power on the part of the aforesaid agents to give specific consent to any and all such diagnosis, treatment or hospital care which the aforementioned physician in the exercise of his/her best judgment may deem advisable with respect to my personal health and safety. If I become ill or incapacitated, RAO or its aforementioned agents may take such actions as they consider necessary under the circumstances, including securing medical treatment and transporting me home at my own expense using commercial or private air transportation as may be indicated. I agree that I will be fully responsible for any and all expenses, including transportation costs, associated with or in any way related to my medical care; I agree to reimburse RAO for any such expenses incurred by me and paid by RAO, and I further agree to hold harmless and indemnify RAO for any and all actions taken to provide necessary emergency medical care that occurs during the Travel Plan. The undersigned releases RAO and its aforesaid agents from all liability related to such decisions or actions as may be taken in connection therewith. If I designate a person below to contact in the event of a medical emergency I hereby authorize RAO to make such contact as deemed necessary.
VIII. Cancellations and Changes. I understand that RAO reserves the right to make cancellations, changes or substitutions or abandonment in the Travel Plan itinerary, hotels, means of transportation and for other reasons at any time because of emergency, changed conditions or the Senior Manager's determination that such changes or substitutions are in the best interest of the Program or its Employees. I understand that RAO is not responsible for the cost of replacing airline or other tickets if the carrier goes into bankruptcy or is otherwise unable to perform.
IX. Removal from Program. I understand that if my participation in the Travel Plan is terminated by RAO for breach of contract, I will be sent home without compensation. I also understand that if I leave the Travel Plan or company voluntarily for any reason, including illness, I will be responsible for any and all costs and expenses associated with my return home and that there will be no compensation of any fees.
X. Indemnification and Hold Harmless. I agree to INDEMNIFY and HOLD RAO and its trustees, owners, officers, employees and agents HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result in my involvement in the Travel Plan, including transportation, and to reimburse them for any such expenses incurred.
XI. Severability. The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding.I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability as relates to the Travel Plan to the greatest extent allowed by law.
Date Signed: November 28, 2023
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Document Name: Waiver of Liability Agreement
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