In consideration of
the JESSIE REES FOUNDATION (the “Foundation”) permitting the undersigned and/or
any below referenced child under 18 years of age (the undersigned, with any
such child, collectively, the “Participant”) to attend and/or participate in the
above‑named event (the “Event”), the undersigned (including on behalf of any
below referenced child under 18 years of age) hereby, and for the Participant’s
heirs, executors, administrators, assigns, and all legal guardians, WAIVES AND RELEASES ANY AND ALL RIGHTS, CLAIMS AND
CAUSES OF ACTION OF ANY NATURE, EITHER IN LAW OR EQUITY, that the
Participant may have against the Foundation, its directors, officers,
employees, agents, chapters, assignees, licensees, volunteers, and cooperating
entities, and their respective representatives, heirs, executors,
administrators, successors, and assigns (the “Released Parties”), whether known
or unknown, fixed or contingent, which arise, or may arise hereafter, out of or
are in any manner whatsoever, directly or indirectly, connected with or related
to the Event (including but not limited to activities connected to the Event),
including but not limited to any claims or causes of action FOUNDED IN WHOLE OR IN PART UPON ANY TYPE OF
NEGLIGENCE (INCLUDING BOTH ACTIVE AND PASSIVE NEGLIGENCE) OR RESULTING FROM ANY LOSSES, INJURIES
OR DAMAGES, COSTS, OR EXPENSES OF ANY NATURE, INCLUDING PROPERTY DAMAGE AND
DEATH (collectively, the “Released Claims”), that the
Participant may suffer while attending or taking part in the Event.
The Participant
knowingly assumes all risks related to attendance and/or participation in the
Event. THE UNDERSIGNED UNDERSTANDS
THAT BY EXECUTION OF THIS RELEASE THE PARTICIPANT IS AGREEING NOT TO SUE any
or all of the Released Parties in connection with the Released Claims, and the
Participant will have no claim for any losses, injuries or damages arising
from, in connection with, or related to the Released Claims, whether known or
unknown on the date hereof. The Participant further waives any insurers’
right to make a claim against a Released Party based on payments by insurers to
the Participant or on the Participant’s behalf for any reason. This means
the Participant’s insurers have no rights of subrogation against the Released
Parties.
The undersigned
further acknowledges that if the Participant drives in his or her own vehicle,
or is a passenger in another’s person or entity’s vehicle in connection with
the Event, that the Released Parties’ automobile insurance and other insurance
does not cover such transportation. The undersigned also understands that
the Released Parties cannot be responsible for assuring the safety and
reliability of such transportation or driver, nor for any non-sponsored
activities and travel that he or she might choose to participate in before,
during or after the Event. The undersigned therefore accepts, waives, and
releases any claims related to or in connection with such private
transportation, including, without limitation, the Released Parties’ negligence
(including both active and passive negligence) and any other Released Claim.
1. Release and Waiver. Volunteer does hereby
release and forever discharge and hold harmless JRF and its successors and
assigns from any and all liability, claims, and demands of whatever kind of
nature, either in law or in equity, which arise or may hereafter arise, either
directly or indirectly, from Volunteer’s Activities with JRF. Volunteer
understands and acknowledges that this Release discharges JRF from any
liability or claim that Volunteer may have against JRF with respect to any
bodily injury, personal injury, illness, death or property damage that may
result from Volunteer’s engagement in the Activities with JRF, whether caused
by the actions or negligence of JRF or its officers, employees, volunteers,
agents or otherwise, and also waives Volunteer’s right to bring suit against
such persons. Volunteer also understands that JRF does not assume any
responsibility for or obligation to provide financial assistance or other
assistance, including but not limited to medical, health, or disability
insurance in the event of injury or illness.
Release and Waiver Relating to COVID-19.
Volunteer understands that JRF has put in place preventive measures to reduce
the spread of COVID-19. However, JRF cannot guarantee that Volunteer will not
become infected with COVID-19 while engaging in the Activities. Volunteer
understands and acknowledges that volunteering on-site at JRF properties or
locations could increase his or her risk of contracting COVID-19. Without
limiting the release above, Volunteer does hereby release and forever discharge
and hold harmless JRF and its successors and assigns and waives Volunteer’s
right to bring suit against JRF and its officers, employees, volunteers,
agents, or other representatives in connection with exposure, infection, and/or
spread of COVID-19 related to Volunteer’s engagement in the Activities.
2. Medical Treatment. Volunteer does hereby
release and forever discharge JRF from any claim whatever which arises or may hereafter
arise on account of any first aid treatment or service rendered in connection
with Volunteer’s engagement in the Activities or any decision by any
representative or agent of JRF to exercise or not exercise the power to consent
to medical or dental treatment, as such power was granted and authorized by
Volunteer in the Parental Authorization for Treatment of a Minor Child, a copy
of which was provided to Volunteer and that Volunteer hereby acknowledges having
received, read, understood and agreed.
3. Assumption of Risk. Volunteer understands
that engagement in the Activities may include physical activity, work and
events that may be hazardous to Volunteer including, but not limited to,
lifting of boxes over 30 pounds, loading/unloading of vehicles and assisting at
special events. Volunteer hereby expressly and specifically assumes the risk of
injury, harm, illness, death and property damage resulting from these and other
Activities associated with the Volunteer’s engagement in the Activities.
4. Insurance. Volunteer understands that, except
as otherwise separately agreed to by JRF in writing, JRF does not carry or
maintain health, medical, or disability insurance coverage for any volunteer,
including Volunteer. Volunteer is expected and encouraged to obtain his or her
own medical or health insurance coverage.
5. Photographic Release. Volunteer hereby grants
and conveys unto JRF the right to freely reproduce and/or circulate any
photographs or other recordings of Volunteer while Volunteer is engaged in the
Activities or otherwise on JRF property or locations or attending JRF events
for any lawful purpose. Volunteer shall not be entitled to any compensation
therefor, including, but not limited to, any royalties, proceeds, or other
benefits derived from such photographs or recordings.
6. Recognition of Nonemployment. Volunteer
acknowledges that he or she desires to provide volunteer services for JRF and
engage in the Activities. Volunteer undertakes to engage in such Activities as
a volunteer without compensation, and acknowledges that, in engaging in such
Activities, Volunteer is not acting as an employee of JRF. Volunteer further
understands and acknowledges that no employment relationship is created between
Volunteer and JRF due to Volunteer’s engagement in the Activities.
7. Other. Volunteer expressly agrees that this
Release shall be governed by and interpreted in accordance with the laws of the
State of California, without regard to any conflicts of law provisions.
Volunteer agrees that this Release is intended to be as broad and inclusive as
permitted by the laws of the State of California. Finally, Volunteer agrees
that, in the event that any clause or provision of this Release is deemed
invalid, the enforceability of the remaining provisions of this Release shall
not be affected.
I HAVE CAREFULLY READ THIS RELEASE AND WAIVER OF
LIABILITY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE
OF LIABILITY, THAT I AM WAIVING MY RIGHT TO BRING A LEGAL ACTION AGAINST JRF
AND ITS OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS, AND THAT THIS IS A CONTRACT
BETWEEN MYSELF AND JRF THAT I AM SIGNING VOLUNTARILY.