TEAM KIRTLAND HOME AWAY FROM HOME PROGRAM
AGREEMENT AND RELEASE AND LIABILITY WAIVER
This Agreement and Release and Liability Waiver (Agreement) is made this day of , between Team Kirtland Home Away From Home, Inc. (TKHAFH), and the Host Family Member named below. PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
  1. Duties and Compensation. The Host Family Member agrees to volunteer and participate in TKHAFH’s “Team Kirtland Home Away from Home” Program (Program). The Host Family Member has read and understands the terms contained in this Agreement, and acknowledges and agrees that his or her choice to volunteer with the Program is made freely, without pressure or coercion, and with full knowledge of the risks of participation. The Host Family Member understands that he or she will not be paid for his or her time. The Host Family Member is not an employee of the TKHAFH, and nothing in this Agreement shall be construed to create an employment relationship between the Host Family Member and TKHAFH. The Host Family Member understands that the execution of this Agreement is a prerequisite for voluntary participation in the Program. The Host Family Member’s acceptance into the Program is subject to review by the TKHAFH Board of Directors in accordance with Program’s bylaws.
  2. Term. This Agreement is not for any definite term or period of time, and the Host Family Member has not been assigned for any definite period of time. The Host Family Member or TKHAFH may terminate this Agreement, without notice, at any time, for any reason or no reason at all.
  3. Limited Responsibilities of TKHAFH. TKHAFH’s responsibilities to the Host Family Member shall be limited to the following: providing the Host Family Member with a Host Family Handbook, and assigning an Airman through the Program. The Host Family Member understands and agrees that TKHAFH has no other responsibilities to the Host Family Member.
  4. Release, Waiver, and Acknowledgement of Risk. The Host Family Member understands that TKHAFH does not provide liability insurance for the protection of the Host Family Member.

    • (initials) Acknowledgement of Risks: The Host Family Member understands that foreseeable and unforeseeable risks and dangers may arise from the negligence, misconduct, malfeasance, or tortious actions of Program participants, including Airmen, which might lead to personal injury, property damage, or death. The Host Family Member also understands that participation may involve the risk of property damage, personal injury, disease, or death (herein collectively referred to as “Injury”) caused by the negligence of TKHAFH, its officers, board members, employees, agents, representatives, contractors, and volunteers, or United States Air Force entities to include, Kirtland Air Force Base, the 377th Air Base Wing, the 58th Special Operations Wing, and all affiliated units and commanders, and the Government of the United States, its departments, agencies, employees, officers, and agents acting officially or otherwise (“Releasees”). These are some, but not all, of the risks inherent in participating as a volunteer in the Program. A complete listing of inherent and other risks is not possible. There are many risks which cannot be anticipated. The Host Family Member freely assumes these risks.
    • (initials) Release: As consideration for the opportunity to volunteer with the Program, the Host Family Member hereby releases and waives any claim of liability against TKHAFH and the other Releasees, joint and severally, from any claim asserted by the Host Family Member or on his or her behalf with respect to any Injury that may be sustained by volunteering with the Program. The Host Family member hereby agrees to assume full responsibility for his or her safety and further agrees to indemnify and hold harmless TKHAFH and the other Releasees, joint and severally, from any and all liability, claims, demands, and actions that may occur, resulting from participation in the Program, or costs associated with the same. This Release and Liability Waiver shall bind all of the Host Family Member’s heirs, successors, and assigns.
    THE HOST FAMILY MEMBER UNDERSTANDS THAT THIS RELEASE AND WAIVER APPLIES TO ALL CLAIMS, INCLUDING CLAIMS ARISING OUT OF THE NEGLIGENCE OF TKHAFH AND THE OTHER RELEASEES, but does not apply to claims of criminal conduct, intentional or reckless tortious acts, or gross negligence. HOWEVER, this Agreement shall NOT affect the Host Family Member’s ability to personally sue, file claims against, or file police reports concerning the actions of the sponsored Airman.
  5. Host Family Handbook. The Host Family Member has received, read, and understands the Host Family Handbook, and agrees to be bound by the requirements of host families contained therein.

    1. No Alcohol Policy. The Host Family Member is reminded that the Program has a “no alcohol policy”. Use of alcohol in the host family’s home is not permitted and host families are reminded that serving alcohol to an underage military member is not only a crime under New Mexico law, but its consumption by the military member is a violation of the Uniform Code of Military Justice (UCMJ). Conviction under NM law or the UCMJ will have serious repercussions to the military member’s career.
    2. Reporting Crimes. The Host Family Member is further reminded of the obligation to report any crime which is committed by the Airman at their home or in connection with the Program to Kirtland AFB command or law enforcement. Host families are also encouraged, but not required, to report to Kirtland AFB command or law enforcement if an Airman reports a sexual assault.
  6. Release of Personal Information. The Host Family Member agrees to the release of personal information provided by or on behalf of the Host Family Member in the Program’s Host Family Questionnaire only to the TKHAFH Board of Directors and the participating Airmen sponsored by the Host Family Member.
  7. Governing Law. This Agreement shall be governed exclusively by, and construed in accordance with, the laws of the State of New Mexico. Any disputes arising out of or related to this Agreement, including any and all disputes arising out of or related to the Host Family Member’s services in the Program, shall be resolved in binding arbitration before the American Arbitration Association and pursuant to its Commercial Arbitration Rules and Mediation Procedures.
ACKNOWLEDGED AND AGREED TO BY “HOST FAMILY MEMBER”:

Name:
(Name of Guardian if Host Family Member is under the age of 18)
Signature or (Signature of Guardian if applicable)