Hope Air Terms of Service – Waiver, Release, and Consent Form
Important: This is a legal document. By signing it, you waive certain legal rights, including the right to sue or claim compensation. Please read carefully.
Acknowledgement and Assumption of Risk
I am voluntarily requesting to access and participate in financially assisted travel (including but not limited to travel by airplane, ferry, bus, or car), accommodations, and meals (collectively, the “Services”) organized or coordinated by Hope Air, a not-for-profit organization, for the purpose of accessing medical care.
I understand that:
- Hope Air may contract third parties to provide the Services, including air carriers, hotels, and restaurants (“Contracted Third Parties”);
- Participation in the Services involves inherent and unforeseeable risks, including property damage, injury, or death;
- While Hope Air strives to reduce these risks, they cannot be completely eliminated;
- My participation is voluntary and at my own risk.
In exchange for access to the Services, I agree to the terms of this Waiver and Release.
Waiver and Release of Liability
I knowingly and freely assume all such risks and agree to:
- Waive and release Hope Air and its officers, directors, employees, agents, contractors, volunteers, successors, and assigns (collectively, the “Organization”) from any and all claims, demands, damages, losses, expenses, liabilities, or causes of action, whether under federal, provincial, or international law, arising from or connected to the Services;
- This includes claims related to negligence, breach of contract, or breach of statutory or other duties of care (including under occupier’s liability legislation);
- Not bring any legal claims against the Organization;
- Indemnify and hold harmless the Organization for any personal injury, death, property damage, or other loss arising from my participation.
Service Use and Breach of Conditions
I understand that the Services are offered on the condition that I comply with all Hope Air policies, including:
- Using travel and accommodation solely for the purpose of medical appointments;
- Not failing to board booked flights or use hotel or transport services without notice;
- Not using Hope Air Services for non-medical reasons in the city of treatment;
- Not requesting or using Hope Air Services for travel where other financial supports have been or will be provided for the same trip or medical appointment (i.e., no duplication of benefits).
Violation of these terms may result in permanent ineligibility for future support from Hope Air.
Governing Law and Severability
This Waiver and Release is governed by the laws of the Province of Ontario and the applicable federal laws of Canada.
If any provision is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Binding Effect
This Waiver and Release is binding upon me and my heirs, executors, administrators, and assigns, and upon the Organization and its successors and assigns.
Eligibility and Consent
- I confirm that I am the patient, or I have the legal authority or consent of the patient to submit this request.
- I am 18 years of age or older, or, if I am under 18, my parent or guardian will sign this form and provide supporting documentation.
- The information I provide is true and correct to the best of my knowledge, and I understand that it may be subject to verification by Hope Air or relevant agencies.
Consent to Collect, Use, and Share Personal and Health Information
I understand that the personal information I provide in this application will be collected, used, disclosed, and retained by Hope Air to determine eligibility and provide services, in accordance with the Hope Air Privacy Policy.
I authorize Hope Air to:
- Contact and share information with third parties involved in delivering services (such as travel providers, healthcare providers, and government agencies);
- Use my information to coordinate and confirm travel, accommodations, and medical appointments;
- Communicate with me (or the person on whose behalf this form is submitted) using electronic methods such as email or text message.
I understand that I may withdraw this consent at any time by contacting Hope Air, subject to legal or contractual requirements.
Consent to Release Health Information
I authorize my physician, healthcare provider, clinic, or medical facility to release personal health information related to my medical appointment and my application for travel assistance through Hope Air. This may include details about my health condition and, if applicable, the need for a companion escort.
This information will be used solely to assess my eligibility and facilitate services. I understand that I may withdraw this consent at any time by providing written notice to Hope Air, and that withdrawal of this consent may affect my eligibility for support.
Newfoundland and Labrador-Specific Clause
If I reside in Newfoundland and Labrador, I understand that:
My personal information may be collected by the Department of Labrador Affairs under Section 61(1)(c) of the Access to Information and Protection of Privacy Act, 2015. This is for determining eligibility for reimbursement under the Medical Travel Assistance Program and may involve communication with the Department of Health and Community Services.
Acknowledgment and Signature
I, the undersigned, acknowledge that I have carefully read and fully understand the terms and conditions of this Waiver, Release, and Consent Form. I understand that by signing this document, I am voluntarily giving up certain legal rights, including the right to sue. I confirm that I am signing this agreement freely and voluntarily, and I consent to be bound by its terms.