I, the individual signing this release of liability, assumption of risk, hold harmless, and indemnification, agreement ("Agreement") desire to be a volunteer for The AOPA Foundation, Inc. and participate in activities related to being its volunteer, including but not limited to the Volunteer Program ("Volunteer Activities"). In consideration of being permitted to participate in the Volunteer Activities, I agree as follows:
Understanding of the Volunteer Activities. I am aware of, understand, and agree to the following:
(a) Volunteer Activities may include, but are not limited to, performing administrative tasks, and in some instances, being around airports and aircraft.
(b) Being around airports and aircraft involves risks, including bodily injury or death. Some of the risks include but are not limited to: accidents occurring as a result of human error, mechanical failures, improper maintenance, hazardous materials, noise exposure, or weather. Resulting injuries may be minor such as cuts and bruises; major such as broken bones or burns; or death.
(c) As a volunteer I will receive no compensation or remuneration for my services and will not be eligible for any employee benefits. I acknowledge and understand that I am not an employee or an independent contractor.
(d) I have independently and voluntarily decided to participate in the Volunteer Activities.
Assumption of the Risk. I assume all risks and full responsibility for any injury, death, or property damage arising from my participation in the Volunteer Activities, including but not limited to operating or riding in aircraft, equipment failure, harm caused by acts of students, boarding or disembarking aircraft, and activities around aircraft on the ground.
Release of Liability. I irrevocably release and discharge: (a) The AOPA Foundation, Inc., The Aircraft Owners and Pilots Association (AOPA), and AOPA's Affiliated or Related Entities and (b) The Trustees, Officers, Directors, Employees, Agents, Contractors, and Volunteers of each of those entities (collectively, "Releasees") from any and all claims against any of the Releasees for any injury, death, or property damage arising from my participation in the Volunteer Activities. This release applies to all of my legal rights, including those resulting from any negligence (except gross negligence or willful misconduct) or the Releasees.
Covenant Not to Sue. I will not sue or make a claim again the Releasees for loss, property damage, or causes of action that I may incur during or arising out of my participation in the Volunteer Activities, however caused, even if caused by the negligence (but not including gross negligence or willful conduct) of the Releasees, to the fullest extent allowed by law.
Hold Harmless and Indemnification. I agree to indemnify and hold the Releasees harmless from and against any and all claims, suits, proceedings, expenses, costs, damages, and liabilities, including attorney's fees, incurred, brought or threatened as a result of or arising out of my participation in the Volunteer Activities. This duty to indemnify and hold the Releasees harmless applies even if any of the Releasees is negligent; however, indemnification of any Releasee is not required if such Releasee is grossly negligent or has engaged in willful misconduct.
Insurance. I understand that the Releasees do not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance of any nature in the event of my injury, illness, or death, or damage to or loss of my property. I also understand that the Releasees do not provide workers' compensation insurance for volunteers.
Entire Agreement and Choice of Law. In entering into this Agreement, I have not relied upon any representations or statements made by any of the other Releasees which are not specifically set forth herein. I agree that this Agreement shall be governed by and interpreted in accordance with Maryland law. The Agreement is intended to be as broad and inclusive as permitted by Maryland law, and if any part of this Agreement is held to be invalid, the remaining terms of this Agreement shall continue in full legal force and effect.
Legal Advice; Right to Bargain. I know that I can talk to my legal advisor about this Agreement, and I have either done so or have chosen not to. I understand that I have the right and have been given the opportunity to object to and bargain about the provisions of the Agreement.
Warranty and Acknowledgement. I, the undersigned, acknowledge, and warrant that: (a) I am eighteen (18) years of age or older and I make this Agreement intending to bind myself, my heirs, executors, administrators, personal representatives, and assigns; (b) I have read the provisions of this Agreement and fully understand them; (c) I understand and agree that this Agreement is legally binding and will preclude me from recovering monetary damages from the Releasees for personal injury, bodily injury, property damage, wrongful death, or any other personal or financial injury sustained by me in connection with the Volunteer Activities and that I might be incurring legal liabilities that I might not otherwise have; and (d) that my signature below constitutes my full acknowledgement, consent, and agreement to the terms of this Agreement. I acknowledge that this Agreement is effective as of the date below and is applicable to any and all of my participation in the Volunteer Activities.