TRAVEL & DO GOOD LLC d/b/a Co-mads
Waiver, Release, and Hold Harmless Agreement
THIS WAIVER, RELEASE, AND HOLD HARMLESS AGREEMENT (the “Release”), dated as of December 21, 2018 (the “Effective Date”), is made by and between Travel and Do Good LLC d/b/a co-mads (“Co-mads”) and the undersigned, hereinafter referred to as the “Releasor.” Releasor and Co-mads may be referred herein each, individually, as a “Party” and, collectively, as the “Parties.”
2. Assumption of Risk. Releasor acknowledges that participating in the Services involves certain risks (some of which Releasor may not fully appreciate) and that injuries, death, propertydamage, or other harm could occur to the Releasor or others. Releasor accepts and voluntarily incurs all risks of any injuries, damages, or harm which may arise during, or result from, Releasor’s participation in the Services, including any associated travel or volunteer work, regardless of whether or not caused in whole or in part by the negligence or other fault of the Released Parties.
3. Insurance. Releasor understands and agrees that, except as otherwise agreed to by Co-mads in writing, Co-mads does not carry or maintain health, medical, disability insurance or other related insurance for any Releasor. RELEASOR IS EXPECTED AND ENCOURAGED TO OBTAIN HIS OR HER OWN MEDIAL, HEALTH, DISABILITY, OR OTHER RELATED INSURANCE COVERAGE.
4. Indemnification. Releasor agrees to indemnify and hold the Released Parties harmless from all losses, liabilities, damages, costs, or expenses (including, without limitation, reasonable attorneys’ fees and other litigation costs and expenses) incurred by any of the Released Parties as a result of any claims or suits that Releasor (or anyone claiming, by, under, or through Releasor) may bring against any of the Released Parties to recover any losses, liabilities, costs, damages, or expenses which arise during or resulting from Releasor’s participation in the Services, regardless of whether or not caused in whole or in part by the negligence or other fault of any of the Released Parties.
5. Not an Admission of Wrongdoing. This Release shall not in any way be construed as an admission by Co-mads that it has acted wrongfully with respect to Releasor or any other person, that it admits liability or responsibility at any time for any purpose, or that Releasor has any rights whatsoever against Releasee.
6. Miscellaneous. This Release and the Terms constitutes the entire agreement and understanding among the Parties with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter. This Release shall be binding upon, and inure to the benefit of, the Parties and their respective heirs, administrators, personal representatives, executors, successors, and assigns. The Parties expressly agree that this Release shall be construed in accordance with the laws of the State of New York and that any mediation, suit, or other proceeding relating to this Release shall be brought in any state court of general jurisdiction in Schenectady County, State of New York. Any provision of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions. This Release may not be altered, amended, or modified except by a written document signed by both Parties. This Release may be executed in one or more counterparts, each of which shall be deemed an original, and when taken together, shall constitute one and the same instrument. This Release may be executed and delivered by electronic means and a manual signature whose image shall have been transmitted via customary electronic means shall have the same force and effect as original ink for all purposes.