This Release and Waiver of Liability (the
“Release”) applies to all persons providing volunteer service for the League to
Save Lake Tahoe ("Volunteers”). This Release must be signed by all adult
Volunteers (18 years of age and older) and by a parent or legal (court
appointed) guardian (the “Parent”) of any Volunteer who is a minor under 18
years of age.
In consideration of being allowed to
participate in any and all volunteer activities for the League to Save Lake
Tahoe (the “League”), I, an adult Volunteer or Parent of a Volunteer who is a
minor (for myself and on behalf of the minor), hereby freely, voluntarily, and
without duress execute this Release under the following terms:
I AGREE TO HOLD HARMLESS, INDEMNIFY AND DEFEND The League to Save Lake Tahoe against all claims, causes of action, damages, judgement, cost and/or expense, including attorney's fees and other costs, which may in any way arise from my participation in the Activity or my use of, or presence at, any property or facility used by the League. I FURTHER REPRESENT AND WARRANT that I am not currently experiencing symptoms of a Coronavirus or other communicable disease, including, but not limited to COVID-19, e.g. fever shortness of breath, cough, etc., that I am not suspected of having COVID-19 or any other communicable disease, and that I have not been recently diagnosed with COVID-19 or any other communicable disease, and that to my knowledge I am not likely to infect anyone by my participation in the Activity.
1. ACTIVITIES. As a Volunteer or
Parent of a minor Volunteer, I acknowledge that I, and/or my child(ren) or
legal ward(s) will be involved in, or exposed to, activities that may involve
significant risk. I understand that the these activities may include, but are
not limited to: picking up trash and waste on beaches; participating in habitat
restoration efforts; monitoring water quality; surveying field sites; working
on beaches, in forests, and in neighborhoods; using tools and equipment;
transportation to and from field sites; participating in special events; and working
at the League offices (the “Activities”). I further understand that I, and/or
my child(ren) or legal ward(s) will not be paid for the Activities or for any
volunteer service and that participation in the Activities may be terminated at
any time by the League.
2. ASSUMPTION OF RISK. I, ON MY OWN BEHALF OR ON
BEHALF OF MY MINOR CHILD(REN) OR WARD(S), HEREBY
EXPRESSLY AND SPECIFICALLY ASSUME THE RISK OF INJURY OR HARM FROM PARTICIPATING
IN THE ACTIVITIES AND ALL VOLUNTEER SERVICE WITH THE LEAGUE. I UNDERSTAND AND
ACKNOWLEDGE THAT VOLUNTEERING FOR THE LEAGUE AND/OR PARTICIPATING IN THE
ACTIVITIES MAY INCLUDE WORK THAT IS HAZARDOUS AND THAT VOLUNTEERS CAN SUFFER
PROPERTY LOSS OR DAMAGE, SERIOUS INJURY, OR DEATH. I UNDERSTAND AND ACKNOWLEDGE
THAT I AM RESPONSIBLE FOR FOLLOWING THE LEAGUE’S RULES AND THE INSTRUCTIONS OF
LEAGUE STAFF. IF THE VOLUNTEER IS A MINOR, I CERTIFY THAT I HAVE DESCRIBED
THESE RISKS TO THE MINOR, THEY UNDERSTAND THESE RISKS, AND THEY WISH TO
PARTICIPATE NONETHELESS.
3. RELEASE AND
WAIVER. I, ON MY OWN BEHALF OR ON BEHALF OF MY
MINOR CHILD(REN) OR WARD(S), RELEASE AND FOREVER DISCHARGE AND HOLD HARMLESS
THE LEAGUE, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS
(COLLECTIVELY, THE “LEAGUE PARTIES”) FROM ANY AND ALL LIABILITY, CLAIMS, AND
DEMANDS OF WHATEVER KIND OR NATURE, EITHER IN LAW OR IN EQUITY, WHICH ARISE OR
MAY HEREAFTER ARISE FROM PARTICIPATING IN THE ACTIVITIES OR VOLUNTEERING
IN ANY CAPACITY FOR THE LEAGUE. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I
WAIVE MY RIGHT, OR THAT OF MY CHILD(REN) OR WARD(S), TO BRING A COURT OR OTHER
ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR ANY INJURY TO
MYSELF, MY CHILD(REN) OR WARD(S), OR MY PROPERTY OR FOR MY DEATH OR THAT OF MY
CHILD(REN) OR WARD(S), HOWEVER CAUSED, ARISING OUT OF MY OR MY CHILD(REN) OR
WARD(S’)’S PARTICIPATION IN VOLUNTEER ACTIVITIES FOR THE LEAGUE. THIS
RELEASE DISCHARGES THE LEAGUE PARTIES FROM ANY LIABILITY OR CLAIM THAT I MAY
HAVE AGAINST THE LEAGUE WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY,
ILLNESS, DEATH OR PROPERTY DAMAGE THAT MAY RESULT FROM MY OR MY MINOR
CHILD(REN) OR WARD(S’)’S ACTIVITIES WITH THE LEAGUE, WHETHER CAUSED BY THE
NEGLIGENCE OF THE LEAGUE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OR
OTHERWISE. I FURTHER UNDERSTAND THAT THE LEAGUE DOES NOT ASSUME ANY
RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER
ASSISTANCE, INCLUDING BUT NOT LIMITED TO WORKERS COMPENSATION BENEFITS, OR ANY
MEDICAL, HEALTH OR DISABILITY INSURANCE IN THE EVENT OF INJURY OR ILLNESS.
4. MEDICAL TREATMENT. I, on my own behalf or on
behalf of my minor child(ren) or ward(s),
do hereby release and forever discharge the League from any claim whatsoever
which arises or may hereafter arise on account of any first aid, treatment or
service rendered in connection with the Volunteer’s Activities with the League.
5. INSURANCE. I certify that I have
adequate insurance to cover any injury or damage I or my minor child(ren) or
ward(s) may suffer or cause to others while participating in any activities and
I agree to bear the costs of such injuries or damage. I understand and
acknowledge that, except as otherwise agreed to by the League in writing, the
League does not carry or maintain health, medical or disability insurance
coverage for any Volunteer, and that each Volunteer is expected and encouraged
to obtain his or her own medical or health insurance coverage.
6. PHOTOGRAPHIC
RELEASE. I, as an adult
Volunteer, or as the Parent of a minor Volunteer, hereby grant and convey unto
the League all rights, title, and interest in any and all photographic images
and video or audio recordings made by the League during my or my child(ren)’s
or minor ward(s’)’s activity with the League, including,
but not limited to, any royalties, proceeds, or other benefits derived from
such photographs or recordings.
7. VENUE. I agree to the sole and
exclusive venue of the County of El Dorado, California. I further agree that
this Release is intended to be as broad and inclusive as permitted by the laws
of the State of California, and that the substantive law of California shall
apply without regard to any conflict of law rules. I agree that if any portion
of this agreement is found to be void or unenforceable, the remaining portion
shall remain in full force and effect.