This VOLUNTEER RELEASE AND WAIVER OF LIABILITY (this "Release") is executed as of the date below by (signed) in favor of Joy Collaborative, a 501(c)(3) nonprofit corporation organized and existing under the laws of the State of Minnesota, and its shareholders, trustees, directors, officers, employees, volunteers, and agents (collectively, the "Organization").
I desire to volunteer for the Organization and to participate in a project sponsored by the Organization in which homes and/or community spaces will be renovated and/or repaired by volunteers (the “Project”). I desire to engage in activities related to being the organization’s volunteer for the Project (the "Activities"). I understand that the Activities may include, but are not limited to: using power tools, climbing ladders, moving furniture or lifting heavy objects, and using other heavy equipment or tools for the construction of physical interior space improvements; attending various meetings with Joy Collaborative staff, other volunteers, care givers, and the benefitting family; traveling and coordinating with donating manufacturers of goods and/or service providers; and preparing design work. I also understand that as a volunteer I will receive no compensation or remuneration for my services and will not be eligible for any employee benefits. I acknowledge that I am not an employee.
In exchange for being allowed to participate in the Activities as a volunteer and for other good and valuable consideration, the receipt and sufficiency of which I acknowledge, I hereby freely, voluntarily, and without duress execute this Release and agree to the following terms:
Compliance with Code of Conduct, Other Policies. I acknowledge and agree that I have read and will follow the Organization's “Volunteer Code of Conduct,” as provided below. I will:
Treat others with respect, courtesy, and dignity, including by refraining from using language and actions contrary to Joy Collaborative’s expectations;
Obey all local, state, and federal laws and respect local customs, culture and practice;
Not possess and will refrain from the use of illicit drugs, and any other illegal substances according to local, state, and federal laws (and I understand that the possession or use of any such illicit drugs and other illegal substances is prohibited at all times during the Project and that the possession or use of such drugs or other substances may result in criminal prosecution);
Refrain from sexual harassment, consisting of, but not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature (and I understand that any such actions will not be tolerated in any manner in connection with the Project and will result in my immediate removal from the Project and all related activities);
Refrain from taking any action that endangers myself or others;
Respect at all times the facilities, equipment, rooms, buildings, and surroundings related to the Project;
Become familiar with the rules, regulations and safety guidelines issued by the manufacturer or seller of any tool, product, or material used by me during the course of the Project and not violate such rules, regulations and safety guidelines; and
Immediately report accidents, injuries, and illnesses to the Project organizers or leaders.
I further acknowledge and agree that Joy Collaborative reserves the right to notify law enforcement as it deems necessary and appropriate in connection with the Project. I will fully cooperate with the Organization and its agents in any investigation, lawsuit, arbitration, or any other legal or quasilegal proceedings related to the Project.
I agree to comply with the Volunteer Code of Conduct and all other applicable policies and procedures, training, and safety rules of the Organization, and will follow the Organization's instructions in carrying out the Activities.
Assumption of Risk. I am aware and understand that the Activities may be inherently dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks. I acknowledge that I am voluntarily participating in the Activities and have considered those risks. I hereby expressly and specifically assume such risks, including any and all risk of injury, harm, or loss that I may incur as a result of my participation in the Activities.
Medical Treatment. I hereby give consent and authority to the Organization to obtain medical treatment on my behalf if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless the Organization from any claim whatsoever in connection with such treatment or other medical services.
Release and Waiver. I hereby fully and forever release and discharge the Organization from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, that may arise from my participation in the Activities. I agree not to make or bring any such claim or demand against the Organization, and fully and forever release and discharge the Organization from liability under such claims or demands.
I UNDERSTAND THAT THIS RELEASE DISCHARGES THE ORGANIZATION FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THE ORGANIZATION WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE ORGANIZATION OR OTHERWISE.
Insurance. I UNDERSTAND THAT[, EXCEPT AS AGREED TO BY THE ORGANIZATION IN WRITING,] THE ORGANIZATION 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 OF ANY NATURE IN THE EVENT OF MY INJURY, ILLNESS, OR DEATH, OR DAMAGE TO OR LOSS OF MY PROPERTY.
I also understand that workers' compensation insurance is not available to volunteers and that the Organization does not provide workers' compensation insurance for volunteers. I expressly waive any claim for compensation or liability on the part of the Organization in the event of any injury or medical expense.
Indemnification. I hereby agree to indemnify, defend, and hold harmless the Organization from any and all liability, losses, damages, judgments, or expenses, including attorneys' fees, that it may incur or sustain as a result of my negligence, recklessness, or willful misconduct in connection with my participation in the Activities, arising out of any third-party claim.
Photographic Release. I understand and agree that during the Activities, I may be photographed and/or videotaped by the Organization for internal and/or promotional use. I hereby grant and convey to the Organization all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any and all such photographs or recordings, and consent to the Organization's use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.
Miscellaneous. I hereby agree that this Release represents the full understanding between the Organization and me and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between us, with respect to the subject matter hereof. If any term or provision of this Release shall be held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of the Organization and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Release.
Governing Law. I hereby agree that this Release is intended to be as broad and inclusive as permitted, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Minnesota, without reference to any choice of law doctrine.
Confidentiality. I agree that in the course of my participation in the Activities, I may have access to personal information of other persons. I agree to maintain the confidentiality of such information, to use such information only as necessary to perform the Activities, and to comply with the Organization’s applicable policies regarding such information. I agree to use at least such reasonable care with the confidential information of others as I would with my own confidential information.
I recognize that monetary damages may not be a sufficient remedy for damages resulting from my breach of the confidentiality requirement above, I agree that the Organization shall be entitled, without waiving any other rights or remedies, to seek an injunctive or equitable relief.
COVID-19. I agree:
Not to participate in the Project if I have had a body temperature of 100.4 degrees Fahrenheit or higher during the previous 14 days or have suffered any symptoms of the COVID-19 virus, the flu, or the common cold;
To have my body temperature taken with a non-contact forehead thermometer as a condition to entering the Project premises and will immediately exit the Project premises if my body temperature is 100.4 degrees Fahrenheit or higher;
To comply with all Organization and Project management, sanitation and cleanliness and “social distancing” rules, policies, guidelines, and directives of the Organization that are applicable to the Project, including with respect to hand washing, wearing a protective face mask and gloves, and using my best efforts to maintain an appropriate distance from others; and
That I (i) am participating in the Project at my own risk and may be exposed to persons carrying or who exhibit symptoms of the COVID-19 virus, (ii) have voluntarily assumed such risk and (iii) have waived and released any and all claims related to the foregoing under this Section 11.
[signature page follows]
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE ORGANIZATION.
Signature of Volunteer: _____________________________________________________
Name of Volunteer (please print): _____________________________________________
Address: _________________________________________________________________
Date: ____________________________________________________________________
If the volunteer is under 18 years of age, a parent or legal guardian must also sign.
I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby consent in all respects to the terms of this Release. I authorize the Organization to obtain medical treatment for such minor and release it from liability in accordance with Section 2 of this Release.
Signature of Parent or Legal Guardian: _________________________________________
Name of Parent or Legal Guardian (please print): _________________________________
Address: _________________________________________________________________
Date: ____________________________________________________________________
EMERGENCY CONTACT INFORMATION
In case of an emergency, contact:
Name: _________________________________________________________________
Relationship: ____________________________________________________________
Address: ________________________________________________________________
Telephone Number: _______________________________________________________
Email: __________________________________________________________________
Any allergies, medications, or other information needed in an emergency: ________________________________________________________________________