I hereby apply for assistance to meet/offset transportation expenses due to my baby’s hospitalization. Miracle Babies will determine the amount of assistance provided. I vouch for the accuracy and truth of the information provided in this application and authorize Miracle Babies to confirm the accuracy of all information contained herein for the processing of this application. I authorize disclosure to Miracle Babies of any information relevant to my application as well as any information from other pertinent agencies. I am aware that falsely submitted information will automatically disqualify my eligibility for assistance from this organization. I further authorize my medical professional and/or social worker to share any pertinent information with a Miracle Babies representative regarding our baby’s diagnosis.
TERMS AND CONDITIONS OF TRANSPORTION ASSISTANCE PROGRAM Miracle Babies agrees and Applicant understands that the Transportation Assistance Program (the “Program”) shall be provided on the terms and conditions agreed to by both parties and as set forth below:
Availability, frequency and amount of transportation assistance is determined in the sole discretion of Miracle Babies. Furthermore, Applicant understands that circumstances may arise such that transportation arrangements may be changed with or without prior notice. Applicant agrees to hold harmless Miracle Babies from any transportation cancellation or change.
Applicant agrees to allow, without compensation, Miracle Babies to use Applicant’s likeness, name, voice, and photograph, regardless of media form, for purposes of promoting the Program. The undersigned hereby assigns to Miracle Babies all present and future copyright and all other rights, title and interest that the undersign may hold in the media. The Applicant further agrees that they will not make any claim for further remuneration against Miracle Babies, its licensees or assignees in respect of the use of such media.
Miracles Babies may utilize third-party companies and drivers to facilitate the Program by subsidizing the transportation costs of Applicant. Application understands and agrees that it may not hold Miracle Babies liable for any loss or damages caused as a result of transportation assistance provided through a third party transportation vendor.
Applicant understands and expressly agrees that the Program services provided by Miracle Babies are potentially dangerous activities that include, without limitation, interactions with automobiles and/or vehicles, pedestrians, traffic, inclement weather, construction and any other road conditions. Applicant understands that these risks may be caused in whole or in part by their own action or inaction, the actions or inactions of other drivers, operators, passengers and/or passengers, or the negligent action or omission of the Miracle Babies, and hereby expressly assumes as such risks and responsibilities for any damages, liabilities, losses or expenses which the Applicant incurs as a result of their own involvement in the Program.
Application understands that Miracle Babies only extends Program services to Applicants that are over the age of eighteen (18) years old. Applicant represents and warrants that he or she is over the age of eighteen (18).
THE PROGRAM SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MIRACLE BABIES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MIRACLE BABIES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PROGRAM SERVICES, OR THAT THE PROGRAM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MIRACLE BABIES DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PROGRAM SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LA
MIRACLE BABIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PROGRAM SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MIRACLE BABIES, EVEN IF MIRACLE BABIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold Miracle Babies and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Program Services; (ii) your breach or violation of any of these Terms and Conditions; (iii) your violation of the rights of any third party, including third party providers.
Any dispute arising from the Program services, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California, United States of America, without giving effect to the conflict of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California.
Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against any other Party in any way arising from or relating to this Agreement and all contemplated transactions in any forum other than the federal or state courts in California, County of San Diego. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the federal or state courts in California, County of San Diego. Each Party agrees that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
