Policies for members and officers
Medical Missions Abroad upholds the rights listed below and acknowledges that due to the nature of the programs we offer all policies are agreed upon payment whether a membership application is completed or not and are non-negotiable.
Terms and Conditions
This TERMS/ CONDITIONS / RELEASE AND WAIVER LIABILITY / AGREEMENT entered on this day (day of medical missions abroad application form completion) by (The volunteer/member) (“Party Two”) in favor of “Medical Missions Aboard Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties, including IHelp,” (“Party One”) and (the volunteer) (“Party Two”) collectively the “Parties attending the Trip to the countrie/s they selected to visit including but not limited to the International Trip they have selected, any local events that may arise and/or any future trips not mentioned at time of this agreement that party one may create and party two could potentially attend”. Upon completing the membership application or payment, with no particular order in completion, party two agrees to the terms of membership. Said terms may vary and party two may or may not be updated with any changes depending on relevance determined by Party one. The Duration of all agreements are from date signed to 364 days following the written termination of party two’s membership of Medical Missions Abroad (submitted to party one via email). If party two signs up for another trip the terms and agreements will be automatically renewed even if the terms and conditions are not completed again due to unforeseen circumstances. NOW, THEREFORE, in consideration of the mutual premises and covenants contained in this TERMS/ CONDITIONS / RELEASE AND WAIVER LIABILITY / AGREEMENT, it is hereby agreed by and between the Parties as follows:
1) PARTY ONE: TERMS AND AGREEMENT OBLIGATIONS.
Medical Missions Aboard Corp (“Party One”) does hereby covenant and agree that it shall:
Provide a Medical Mission trip to countries abroad where students will be volunteering which includes but is not limited to, establishing temporary clinics and serving underserved communities abroad. Shadowing and assisting medical professionals in hospitals. Volunteering in animal sanctuaries. Visiting schools and/or orphanages to bring various supplies, and/or construction projects which may vary depending on the needs of the communities we will be serving.
Medical Missions Abroad will provide fundraising opportunities to reduce the cost of the trip. The provided opportunities will allow volunteers to obtain volunteering and/or clinical service hours; but it is up to (the volunteer) (“Party Two”) to apply these hours to their academic institution or any other institutions they request. We do not guarantee these hours will be added to their academic records and that will be between the (the volunteer) (“Party Two”) and their institution.
All funds received and/or fundraised for a trip are spent toward Administration Fees, Third Parties Entities and/or where deemed needed and are not Refunded, example; Airlines, Hotel, Transportation aboard. No refunds will be administered unless approved by Party one even if trips are canceled regardless of reason or which party is at fault for said cancellation, Including and not limited to Natural Disasters or any unforeseen circumstances. Fees for trips, fundraising, and payments for products/services are nonrefundable. Credit card payments, if approved, will be processed when you place your order. You must attend your trip within 1 year (access period) of your order. If you do not complete any payments or attend a trip within the access period and wish to attend the service trip in the future, you must submit a new order and pay a separate fee and are subject to lose your fundraising funds earned
2) PARTY TWO: TERMS AND AGREEMENT OBLIGATIONS.
Party Two does hereby covenant and agree that it shall:
Make all payments in a timely manner, these payments must be made when payment deadlines are established for each prospective trip depending on payment choice chosen by party two. The Volunteer/member (“Party Two”) must be respectful and listen to the directions of the leaders assigned to the trip. The Volunteer/member (“Party Two”) are required to participate in all volunteering opportunities/ training offered by Party One locally and in other countries unless illness prevents them from participating. Party two will also be responsible for completing all required documents/training/ fulfillment criteria established by local chapters, or Party one directly, to be able to participate in activities hosted by party one local and abroad. If these requirements are not met Party one holds the rights to prevent party one from participating in certain aspects of events/trips hosted and in certain unforeseeable circumstances at the discretion of party one could result in complete intelligibility of party two participating in respective events where requirements are not met. No matter the circumstance All payments are NonRefundable and Due by Payment Deadlines. Any Payments Made After the Payment Deadline by or for The Volunteer (“Party Two”) is subject to a 20% Late Payment Fee Applicable at the Discretion of Medical Missions Aboard Corp (“Party One”).
If payments cannot be maintained by volunteers/members, (“Party Two'') we will consider a partial refund depending on what payments have been paid on behalf of The Volunteer/member (“Party Two”) by Medical Missions Aboard Corp (“Party One”). However, (“Party One) is not obligated to give any amount of refund and said refund can be subjected to up to a 30% fee.
The Volunteer/member (“Party Two”) desires to work as a volunteer of Medical Missions Abroad Corp (“Party One”) and engage in the activities related to being a volunteer. The volunteer understands that the activities may include helping in local schools, orphanages, hospitals, clinics, and/or any other tasks agreed by both The Volunteer/member (“Party Two”) and the Medical Missions Abroad Corp (“Party One”). Furthermore, the trips established by Party one are strictly meant for volunteering and not intended to be a vacation even though there are excursions and night activities that party two are free to engage in on their free time; it should not be mistaken that party two should maintain a professional demeanor at all times and not jeopardize the safety of party one representatives or other members. (“Party Two”) agrees that any payments made to (“Party One”) are final and nonrefundable and acknowledges this agreement and all other agreements required by (“Party One”) to be legally binding.
3) ADDITIONAL TERMS.
The Volunteer/member (“Party Two”) has the option of purchasing their own flight. In the event (“Party Two”) does purchase their own flight (“Party Two”) must submit Flight details including but not limited to itinerary confirmation, proof of purchase of flight, time and date of flight, and any other information (“Party One”) determined to be necessary with reasonable time for Party to make accommodations for transportation. (“Party Two”) will also be responsible for getting a flight that arrives within 2 hours of any flights (“Party One”) scheduled for other members. (“Party Two”) will also be responsible for any transportation to our respective placement from the airport upon arrival and to the airport from our respective placement upon departure. A minimum Non-refundable fee of $100 may be applied to your placement as an inconvenience fee. This price is subject to change in the event additional unforeseen expenses arise. Any problems that may arise are not the responsibility of (“Party One”) and do not constitute a refund. (“Party Two”) will be responsible for any unanticipated fees that can arise for (“Party Two”) trip including but not limited to additional fees for placement, transportation, flight costs from delayed flights, or any flights that can be changed for any and all reasons including unforeseen epidemics or pandemics. The Volunteer (“Party Two”) agrees that the $100 placement fee is non refundable and all payments are non-refundable and any issues/disputes are not to involve party two’s respective school as Party one is not affiliated with any school and clubs at each respective school are only clubs and do not have any affiliation with the respective school of Party two. Party two understands that any clubs associated with party one are strictly in place for recruitment and volunteer activities and do not participate in the overall operations of party one.
The Volunteer/Member (“Party Two”) expressly agrees that this release is intended to be as broad and inclusive as permitted by the laws of, including but not limited to the local/state and federal laws of the United States of America and international laws of the countries (“Party Two”) visits at the time of arrival to said countries. The Volunteer (“Party Two”) agrees that in the event that any clause or provision of this release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this release which shall continue to be enforceable.
4) ARBITRATION.
The Parties agree that any dispute or controversy arising out of this Agreement shall be settled by Arbitration to be held in _Palm Beach County, state of Florida, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the Parties. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. (“Party two “) shall pay the costs and expenses of such arbitration, and each of the parties shall separately pay counsel fees and expenses. If (“Party two”) gives any misleading information or the arbitration is in decision is in (“Party one”) favor, (“Party two”) will be responsible for all of (“Party one) expenses and counsel fees.
5) CLASS ACTION WAIVER/NOTICE OF CLAIM
"Volunteer/Member ("Party two") and the other participants" agree that you and participants will only bring claims against Medical Missions Abroad Corp, MMA Consulting Group and its officers/ third parties in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Medical Missions Abroad Corp, MMA Consulting Group and its officers/ third parties shall not in any case be liable for other than compensatory damages, and the payment of a deposit on a tour means that ("Party two") and participants agree to these conditions of sale and expressly waive any right to punitive damages. ("Party two") and participants understand and agree that no claims will be considered and that you and other participants will not bring suit against Medical Missions Abroad Corp, MMA Consulting Group and its officers/ third parties unless first providing a typewritten notice of claim to Medical Missions Abroad Corp, MMA Consulting Group and its officers/ third parties within 30 days after the tour or cancellation of the tour.
6) GENERAL PROVISIONS.
A. Notices. Any notice or other communication provided for herein or given here under to a party here to shall be in writing and shall be given by delivery, by facsimile or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective party as follows:
If to Party One:
Xander Law Group, P.A.
1 NE 2nd Ave #200, Miami, Fl 33132
(305) 767-2001
If to Party Two:
Full Name: ________________________________________
Address: __________________________________________
Phone #: __________________________________________
Email: ____________________________________________
B. Waiver and Amendment. Medical Missions Abroad Corp and its third parties reserves the right to change or modify these Terms, Conditions and Disclaimers at any time, and you agree to give effect to such changes or modifications upon being posted to the Medical Missions Abroad Website and/ or policy page. Party two may not modify any terms or conditions. By purchasing any materials and/or participating in any activities hosted by Medical Missions Abroad and third parties you acknowledge that you have read, understood and agreed to be bound by Medical Missions Abroad Corp’s Policy Page and these Terms, Conditions and Disclaimers. Please contact Medical Missions Abroad at maincontact@medicalmissionsAbroad.org with any questions.
D. Entire Agreement. This Agreement constitutes the entire
agreement with respect to the subject matter hereof, and supersedes all other prior agreements and understandings, both written and oral, among the parties here to and their affiliates.
E. Severability. Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provisions had never been contained herein.
F. Governing Law. This Agreement shall be governed by the laws of the state of _Florida_, without regard to its conflicts of law provisions.
G. Voluntary Execution of Agreement. This Agreement is executed voluntarily and without any duress or undue influence on the part or behalf of the Parties, with the full intent of releasing all claims. The Parties acknowledge that:
(i) they have read this Agreement;
(ii) they have been represented, or, in the alternative, have had the opportunity to obtain representation, in the preparation, negotiation, and execution of this Agreement by legal counsel of their own choice;
(iii) they understand the terms and consequences of this Agreement and of the releases it contains; and
(iv) they are fully aware of the legal and binding effect of this Agreement.
H. Counterparts/Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement payment to party one, use of a facsimile, e-mail or other electronic medium shall have the same force and effect as an original signature.
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RELEASE AND WAIVER OF LIABILITY OF CLAIMS
Effective immediately upon execution of submission of application or payment to Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties ,including IHelp (“Party One”), I, Volunteer/Member, for and in consideration of the payment to me of Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties ,including IHelp (“Party One”), the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties ,including IHelp (“Party One”), their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the following:
VOLUNTEER/MEMBER (PARTY TWO) WAIVES THE FOLLOWING RIGHTS.
A. Party Two Waives the Rights to:
The Volunteer/Member hereby freely, voluntarily and without duress executes this release under the following terms:
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Release and Waiver: The Volunteer/Member (“Party Two”) does hereby release and forever discharge and hold harmless Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties ,including IHelp (“Party One”). and its successors and assigns from any and all liabilities, claims, and demands of whatever kind or nature either in law or in equity, which raises or may hereafter arise from Volunteer/Member’s (“Party Two”) activities with Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”). The Volunteer/Member (“Party Two”) understands that this release discharges Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) from any liability or claim that the Volunteer/Member (“Party Two”) may have against Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”). and their affiliates with respect to any bodily injury, personal injury, illness, death or property damage, Trip cancellations that may result from the Volunteer/Member (“Party Two”) activities with Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties, (“Party One”) whether caused by negligence of Medical Missions Abroad Corp, MMA Consulting Group LLC, associated Club, or its officers, directors or agents, or any affiliates/third parties.
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The Volunteer/Member: (“Party Two”) also understands that Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness, and natural disasters. It is also Party Two’s responsibility to obtain any insurance needed and is not the responsibility of party one to acquire, suggest, recommend or inform Party Two of any insurance that Party two may need.
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Medical Treatment: The Volunteer/Member (“Party Two”) does hereby release and forever discharge Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) from any money or any refunds from any claims whatsoever which arises or may hereafter arise on account of any first aid treatment or services rendered in connection with the volunteer/member’s activities with Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) local and abroad.
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Assumption of Risk: The Volunteer/member (“Party Two”) understands that the activities include work that may be tiring to Party two, including, but not limited to, delivering food and care packages, teaching, working with children, fundraising, volunteering and day to day work within local/abroad institutions. Volunteer/Member (“Party Two”) hereby expressly and specifically assumes the risk of injury or harm in the activities and release Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) from all liability for injury, illness, death, or property damage resulting from their activities.
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Insurance: The volunteer/member (“Party Two”) understands that, except as otherwise agreed to by Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) in writing: Medical Missions Abroad Corp ., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) do not carry or maintain health, medical or disability insurance coverage for any volunteer/member. (Each and every Volunteer/member (“Party Two”) is expected and encouraged to obtain his or her own medical or health insurance coverage eg AAR or World Nomads). Volunteering, Fundraising events, and Trips involving traveling for fundraising/volunteering are also not covered by Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) and you will not hold Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) liable for any and all events you participate with Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”).
B. Party Two:
The Volunteer/member: (“Party Two”) also waives the right: (continue to next page)
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Requesting refunds for any money fundraised or paid by (“Party Two) ,or by someone else for (“Party Two”), for the trip through our affiliates. In addition, any disputes placed with (“Party Two”) banking/Credit Institutions will also be waived and invalid and any claims made through Party Two’s banking/credit Institutions that are processed on behalf of Party two without disclosure of this agreement will leave Party Two responsible for any fees incurred by Party One and any future fees that may arise.
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Holding Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) and all affiliates responsible for refunds for trip dissatisfaction, elements of the trip that were paid for and not received, or any and all reasons that Party Two does not/cannot attend the trip.
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The Volunteer/Member (“Party Two”) are responsible for payments for any expenses that may arise that was unforeseen by Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) and Cannot Use This As Justification For A Refund. Such unforeseen circumstances may include but not limited to Pandemics, Wars, or other circumstances that may halt travel or any of our trips. The Volunteer/member (“Party Two”) are responsible for any and all expenses that may arise in addition to the amount initially agreed upon and will not claim or hold Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) liable for covering these additional expenses.
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If party two is subjected to any injuries and/or death, Party one is not liable.
Photo and video release
I hereby grant Medical Missions Abroad Corp. permission to use my video images, photographs and/or likeness in any and all of its publications, including website and social media entries, without payment or any other consideration. I understand and agree that these materials are the property of the Medical Missions Abroad Corp. I hereby irrevocably authorize Medical Missions Abroad Coro to edit, alter, copy, exhibit, publish or distribute my photo for purposes of publicizing Medical Missions Abroad Corp., its Chapters and/or programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.
I hereby hold harmless and release and forever discharge Medical Missions Abroad, MMA Consulting Group, its Officers, Third Parties, trustees, employees, agents, students and volunteers, from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I also authorize the Medical Missions Abroad permission to disseminate announcements related to awards, honors, publications, scholarly presentations, including presentations at conferences and selection into secondary school programs and others through email listservs, social media and Medical Missions Abroad Corp websites.
Potential injuries arising from Party Two involvement in any of Party One’s activities may include but are not limited to: Traveling abroad to different countries, fundraising and working in kitchens with potential risk of falling, assisting in medical clinics and potential exposure to any and all pathogens/illnesses/diseases, any harm or legal issues that may result from fundraising, volunteering, traveling abroad, and/or in international waters.
It is understood and agreed that any payment made and received in full and complete settlement and satisfaction the causes of action, claims and demands mentioned herein; that this Release contains the entire agreement between the parties; and that the terms of this agreement are contractual and not merely a recital. This Release may not be altered, amended or modified, except by a written document signed by both parties.
Furthermore, this Release shall be binding upon the agreement by Party Two, and their respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of Florida.
Counterparts/Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement payment to party one, use of a facsimile, e-mail or other electronic medium shall have the same force and effect as an original signature.
This Release has been carefully read and fully understood by Party two. The terms have been explained to me and I am freely, knowingly and voluntarily entering into this Release.
I am 18 years of age and am competent to contract in my own name. I have read this release before completing my application by agreeing and electronic submission and I fully understand the contents, meaning, and impact of this release.
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OFFICER/VOLUNTEER AGREEMENT
THIS OFFICER/Volunteer AGREEMENT (“Agreement”) dated at the time of submission of the officer/or membership application (the “Effective Date”) is made between Medical Missions Abroad Corp, MMA Consulting Group, and Third parties, and Officer(Volunteer), with the Club created at the location of their respective School/University the Officer attends, for the purpose of setting forth the exclusive terms and conditions by which Company desires to acquire Volunteer services.
In consideration of the mutual obligations specified in this Agreement, the parties, intending to be legally bound hereby, agree to the following:
1. Services. Medical Missions Abroad Corp, MMA Consulting Group, and Third parties retains Officers, and Freelancer agrees to perform for Medical Missions Abroad Corp, MMA Consulting Group, and Third parties, certain services set forth in the Officer Handbook/Guidebook to this Agreement (the “Services”).
2. Consideration / Compensation:
(a) In exchange for the full, prompt, and satisfactory performance of all Services/Responsibilities/Duties stated in the Officer Handbook/Guidebook to be rendered to Medical Missions Abroad Corp, MMA Consulting Group, and Third parties (as determined by the Medical Missions Abroad Corp, MMA Consulting Group, and Third parties), Medical Missions Abroad Corp, MMA Consulting Group, and Third parties shall provide Officer(Volunteer), as full and complete compensation in the sum of Volunteer hours and potentially but not guaranteed reduced and/or free costs of attending certain events/trips offered by Medical Missions Abroad Corp, MMA Consulting Group, and Third parties to be applied at the completion of the responsibilities/duties designated to the Officer(Volunteer) position found in the Handbook/Guidebook.
(b) Officer(Volunteer) is not entitled to receive any other compensation or any benefits from Medical Missions Abroad Corp, MMA Consulting Group, and Third parties. Except as otherwise required by law, Medical Missions Abroad Corp, MMA Consulting Group, and Third parties shall is not held responsible for any sums or payments made to Officer(Volunteer) for social security or other federal, state, or local tax liabilities or contributions, and all withholdings, liabilities, and contributions shall be solely Officer(Volunteer)’s responsibility. Officer(Volunteer) further understands and agrees that the Services/Responsibilities/Duties are not covered under the unemployment compensation laws and are not intended to be covered by workers’ compensation laws.
3. Nondisclosure:
(a) Officer(Volunteer) understands that, in connection with its engagement with Medical Missions Abroad Corp, MMA Consulting Group, and Third parties, it may receive, produce, or otherwise be exposed to Medical Missions Abroad Corp, MMA Consulting Group, and Third parties trade secrets, business, proprietary and/or technical information, including, without limitation, information concerning customer lists, customer support strategies, employees, research and development, financial information (including sales, costs, profits, and pricing methods), manufacturing, marketing, proprietary software, hardware, firmware, and related documentation, inventions (whether patentable or not), know-how, show-how, and other information considered to be confidential by Medical Missions Abroad Corp, MMA Consulting Group, and Third parties, and all derivatives, improvements and enhancements to any of the above (including those derivatives, improvements and enhancements that were created or developed by Officer(Volunteer) under this Agreement), in addition to all information Medical Missions Abroad Corp, MMA Consulting Group, and Third parties receives from others under an obligation of confidentiality (individually and collectively “Confidential Information”).
(b) Officer(Volunteer) acknowledges that the Confidential Information is the Company’s sole, exclusive and extremely valuable property. Accordingly, Officer(Volunteer) agrees to segregate all Confidential Information from information of other companies and agrees not to reproduce any Confidential Information without Medical Missions Abroad Corp, MMA Consulting Group, and Third parties prior written consent, not to use the Confidential Information except in the performance of this Agreement, and not to divulge all or any part of the Confidential Information in any form to any third party, either during or after the term of this Agreement, except to Medical Missions Abroad Corp, MMA Consulting Group, and Third parties employees and Freelancer Employees who need to know such Confidential Information in order to perform the Services. Officer(Volunteer) shall require such Freelancer Employees to execute a non-disclosure agreement satisfactory to the Medical Missions Abroad Corp, MMA Consulting Group, and Third parties before such Freelancer Employee is exposed to any Confidential Information. Upon termination or expiration of this Agreement for any reason, Officer(Volunteer) agrees to cease using and to return to Medical Missions Abroad Corp, MMA Consulting Group, and Third parties all whole and partial copies and derivatives of the Confidential Information, whether in Officer(Volunteer)’s possession or under Officer(Volunteer)’s direct or indirect control, including any computer access nodes and/or codes, and to arrange for the return of such materials by all Freelancer Employees.
(c) Officer(Volunteer) shall not disclose or otherwise make available to Medical Missions Abroad Corp and MMA Consulting Group in any manner any confidential and proprietary information received by Officer(Volunteer) from third parties. Officer(Volunteer) warrants that its performance of all the terms of this Agreement does not and will not breach any agreement entered into by Officer(Volunteer) with any other party.
4. Indemnification / Release:
(a) Officer(Volunteer) agrees to take all necessary precautions to prevent injury to any persons or damage to property during the term of this Agreement, and shall indemnify, defend and hold harmless Medical Missions Abroad Corp, MMA Consulting Group, and Third parties, its officers, directors, shareholders, employees, representatives and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising in any way out of injury (including death) to any person or damage to property arising in any way out of any act, error, omission or negligence on the part of Officer(Volunteer) or any Freelancer Employee in the performance or failure to fulfill any Services or obligations under this Agreement.
5. Insurance and Other Requirements:
(a) Officer(Volunteer) warrants that it will obtain and keep in full force and effect at all times hereunder workers’ compensation, general liability and errors and omissions or professional liability insurance covering all of its Services/Responsibilities/Duties. Medical Missions Abroad Corp, MMA Consulting Group, and Third parties shall be listed as an additional named insured and/or as an additional loss-payee under such policies when applicable.
(b) Officer(Volunteer) shall provide to the Medical Missions Abroad Corp, MMA Consulting Group, and Third parties copies of all policies required to be maintained, and a Certificate of Insurance indicating said coverage shall be provided to Medical Missions Abroad Corp, MMA Consulting Group, and Third parties upon request.
(c) Officer(Volunteer) also warrants and represents that it has properly classified all of its workers (when applicable), has and will maintain all required licenses and certifications.
6. Termination/Removal of Officer:
(a) This Agreement shall be effective on the date hereof and shall continue until terminated by either party upon 14 days written notice before accepting position and 4 years after resigning from position if position is accepted by Officer(Volunteer).
(b) An officer of any chapter can be removed by Medical Missions Abroad Corporation. Medical Missions abroad Corp holds the right to refuse services to any volunteer/officer.
7. Officer (Volunteer):
(a) Medical Missions Abroad Corp, MMA Consulting Group, Third parties and Officer(Volunteer) expressly agree and understand that Officer(Volunteer) is a Volunteer and nothing in this Agreement shall be construed in any way or manner, to create between them a relationship of employer and employee, principal and agent, partners or any other relationship other than that of independent parties contracting/volunteering with each other solely for the purpose of carrying out the provisions of the Agreement. Accordingly, Officer(Volunteer) acknowledges that Officer(Volunteer) and Freelancer’s Employees are not eligible for any Medical Missions Abroad Corp, MMA Consulting Group, and Third parties benefits, including, but not limited to, health insurance, retirement plans or stock option plans. Officer(Volunteer) is not the agent of Medical Missions Abroad Corp, MMA Consulting Group, and Third parties and is not authorized and shall not have the power or authority to bind Medical Missions Abroad Corp, MMA Consulting Group, and Third parties or incur any liability or obligation, or act on behalf of Medical Missions Abroad Corp, MMA Consulting Group, and Third parties. At no time shall Officer(Volunteer) represent that it is an agent of the Medical Missions Abroad Corp, MMA Consulting Group, and Third parties, or that any of the views, advice, statements and/or information that may be provided while performing the Services/Responsibilities/Duties are those of the Medical Missions Abroad Corp, MMA Consulting Group, and Third parties.
(b) Officer(Volunteer) is solely responsible for directing and controlling the performance of the Services/Responsibilities/Duties, including the time, place and manner in which the Services are performed as dictated in the Officer Handbook/Guidebook. Officer(Volunteer) shall use its best efforts, energy and skill in its own name and in such manner as it sees fit.
8. General:
(a) This Agreement does not create an obligation on Medical Missions Abroad Corp, MMA Consulting Group, and Third parties to continue to retain Officer(Volunteer) beyond this Agreement’s termination. This Agreement may not be changed unless mutually agreed upon in writing by both parties.
(b) Officer(Volunteer) hereby agrees that any breach of Section 3 by Officer(Volunteer) will cause irreparable harm to Medical Missions Abroad Corp, MMA Consulting Group, and Third parties and that in the event of such breach or threatened breach, Medical Missions Abroad Corp, MMA Consulting Group, and Third parties shall have, in addition to any and all remedies of law and those remedies stated in this Agreement, the right to an injunction, specific performance or other equitable relief to prevent the violation of Officer(Volunteer)’s obligations hereunder.
(c) Officer(Volunteer) hereby agrees that each provision herein shall be treated as a separate and independent clause, and the unenforceability of any one clause shall in no way impair the enforceability of any of the other clauses herein.
(d) This Agreement contains the entire agreement between the parties hereto with respect to the transactions contemplated herein. The language of all parts of this Agreement will in all cases be construed as a whole in accordance with its fair meaning and not for or against either party.
(e) All notices provided for in this Agreement shall be given in writing and shall be effective when either served by hand delivery, electronic facsimile transmission, express overnight courier service, or by registered or certified mail, return receipt requested, addressed to the parties at their respective addresses when requested or as set forth at the beginning of this Agreement, or to such other address or addresses as either party may later specify by written notice to the other.
Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party’s signature is delivered electronically, and these signatures must be treated in all respects as having the same force and effect as original signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement payment to party one, use of a facsimile, e-mail or other electronic medium shall have the same force and effect as an original signature.
IN WITNESS WHEREOF, the parties here to have executed this Officer(Volunteer) Agreement.
EXHIBIT A
OFFICER(VOLUNTEER) AGREEMENT SCOPE OF SERVICES
Medical Missions Abroad Corp, MMA Consulting Group, and Third parties hereby retains Freelancer, and Freelancer hereby agrees to perform for Medical Missions Abroad Corp, MMA Consulting Group, and Third parties, certain services, responsibilities, duties, including, but not limited to the following: [Responsibilities/Duties Found in the Officer Handbook/Guidebook under the section for the specific Officer Position Obtained by the Officer(Volunteer) after completion of the Officer Application form and appointment to position]
COVID Safety Acknowledgment – Liability Waiver and Release of Claims
COVID- SAFETY INFORMATION:
While participating in events held or sponsored by the Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) “social distancing” must be practiced and face coverings worn at all times to reduce the risks of exposure to but not limited to COVID-19, COVID variants and various potential pathogens that can also be transmitted with the volunteering, fundraising, and traveling that volunteers(officers)/ member may partake in with Party One. Because these mentioned pathogens are extremely contagious and spread mainly from person-to-person contact, Party One has put in place preventative measures to reduce the spread of said pathogens/viruses. However, Party One cannot guarantee that its participants, members, volunteers, partners, or others in attendance will not become infected with various potential pathogens/viruses not limited to COVID and its variants.
In light of the ongoing spread of COVID-19, Variants, and other potential pathogens/viruses, individuals who fall within but not limited to any of the categories below should not engage in Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) events and/or other face to face fundraising activities. By attending an Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) event, you certify that you do not fall into any of the following categories:
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Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
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Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or
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Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
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Furthermore, these categories are subject to change and it will be the responsibility of the Volunteer(Officer)/Member (Party Two) to keep up to date with current guidelines and take precautions of others safety by taking into consideration their current health status, risk of exposure, and risk of infecting others into account before choosing to participate in any and all events Party One may offer.
DUTY TO SELF-MONITOR:
Participants, members, and volunteers(officers) agree to self-monitor for signs and symptoms of COVID-19, Variants and other potential infectious Pathogens/Viruses (symptoms typically include but not limited to fever, cough, and shortness of breath) and, contact Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) via email if he/she experiences symptoms of COVID-19 within 14 days before and after participating or volunteering with Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”).
LIABILITY WAIVER AND RELEASE OF CLAIMS:
I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”), and I willingly engage in Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) events and/or other fundraising activities (the “Activity”).
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST MEDICAL MISSIONS ABROAD CORP., MMA CONSULTING GROUP LLC, THEIR DIRECTORS, OFFICERS, CLUBS, ALL THIRD PARTIES (“PARTY ONE”) AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
ASSUMPTION OF THE RISK.
I acknowledge and understand the following:
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Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;
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I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and
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I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.
MEDICAL ACKNOWLEDGMENT AND RELEASE.
I acknowledge the health risks associated with the Activity, including but not limited to transient dizziness, lightheadedness, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. I agree that if I experience any of these or any other symptoms during the Activity, I will discontinue my participation immediately and seek appropriate medical attention. I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY.
As a participant, volunteer(officer), or attendee, You recognize that your participation, involvement and/or attendance at any Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”) fundraising event or activity (“Activity”) is voluntary and may result in personal injury (including death) and/or property damage. By attending, observing or participating in the Activity, You acknowledge and assume all risks and dangers associated with your participation and/or attendance at the Activity, and You agree that: (a) the Medical Missions Abroad Corp., MMA Consulting Group LLC, their Directors, Officers, Clubs, all Third parties (“Party One”). (b) the property or site owner of the Activity, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities (subsections (a) through (c), collectively, the "Released Parties"), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your participation in, attendance at, and/or observation of the Activity, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the "Released Claims"). BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.
IN WITNESS WHEREOF, the Parties have executed this TERMS / CONDITIONS / RELEASE AND WAIVER LIABILITY / AGREEMENT as of the date of the completion of the Medical Missions Abroad online application forms or Payments.
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