Exclusion of Liability
Fundashon Ultimo Deseo Aruba (hereinafter referred to as “FUDA”), established in Aruba and represented by Ms. R.J. Raven, Chairperson, is a foundation whose purpose is to fulfill wishes for persons who are terminally ill and/or bedridden and dependent on ambulance transportation.
In fulfilling wishes that require medical transportation, FUDA may engage the services of third-party organizations to provide ambulance transport and related support.
Any applicant requesting the fulfillment of a wish through FUDA shall be required to sign this Exclusion of Liability and Release of Claims. The purpose of this declaration is to ensure that the individuals and organizations who voluntarily assist in fulfilling the applicant’s wish are not held liable should any unforeseen event occur.
The applicant declares that he or she is of sound mind, capable of making informed decisions, and fully aware of the potential risks, medical consequences, and possible deterioration of his or her health condition that may result from participation in the requested activity.
By signing this declaration, the applicant expressly agrees, on behalf of himself or herself and his or her heirs, successors, and legal representatives, as follows:
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Participation in the activity is entirely voluntary and at the applicant’s own risk.
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FUDA, its board members, volunteers, employees, representatives, and any persons or organizations assisting in the fulfillment of the wish shall not be liable for:
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personal injury, illness, deterioration of health, or death;
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material or immaterial damages;
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any medical complications arising during or after the fulfillment of the wish.
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Any drivers, ambulance personnel, and providers of ambulance services or equipment shall not be liable for any injury, loss, damage, or complications arising from or related to the transportation or fulfillment of the wish.
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FUDA and any organization providing ambulance transportation or other support act solely in a facilitating and supportive capacity and provide no warranty or guarantee regarding the applicant’s safety, medical condition, or the outcome of the activity.
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The applicant agrees to indemnify, defend, and hold harmless FUDA, its board members, volunteers, representatives, agents, contractors, and all organizations and persons assisting in the fulfillment of the wish from and against any and all claims, demands, liabilities, damages, costs, or expenses asserted by the applicant or any third party arising directly or indirectly from participation in the activity or the fulfillment of the wish.
This declaration is executed in duplicate and signed by the applicant and, where applicable, by persons acting on behalf of the applicant.
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The declaration shall also be signed by a witness designated by the applicant.
