Volunteer Agreement and Release from Liability
This Volunteer’s Agreement and Release from Liability (this “Agreement”) is being executed and delivered by the undersigned signatory (hereinafter referred to as “Volunteer,” or “e”) for the benefit of Fresh Approach, a California non-profit corporation (hereinafter referred to as “Fresh Approach”).
With the understanding that Fresh Approach will be relying upon the statements forth in this Agreement, and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Volunteer hereby represents, warrants and agrees as follows:
Voluntary Participation. I acknowledge that I have voluntarily agreed to assist Fresh Approach. I understand that as a volunteer I will not be paid for my services, nor will I be covered by or be eligible for any insurance coverage provided by Fresh Approach, other Fresh Approach volunteers, or Fresh Approach board members, employees or agents, including but not limited to medical, property and liability insurance, and Worker’s Compensation benefits. I further agree that my participation may be terminated by verbal notice at any time by Fresh Approach or by me.
Assumption of Risk. I am aware that in participating in Fresh Approach projects and/or activities, including activities at Fresh Approach locations or properties, I may be exposed to personal injury or death or damage to my property as a result of my own voluntary activities, the activities of other volunteers, or the conditions under which my volunteer services are performed, including actions or omissions by Fresh Approach and its board members, employees and agents. I acknowledge that gardening is inherently dangerous and may involve, among other things, a good deal of physical exertion, exposure to and use of dangerous tools, and exposure to biting and stinging insects, including bees. With knowledge of these risks, I agree to accept any and all risks of personal injury or death or damage to my property, and I verify this statement by placing my initials here:
Release and Waiver of Liability. In consideration of the opportunity afforded me to participate with Fresh Approach, I hereby agree that I, my successors, assignees, heirs, guardians and legal representatives, will not make any claim against, covenant not to sue and hereby release Fresh Approach or any of its affiliated organizations, their officers, directors, employees, agents, or the suppliers of any materials or equipment that are used in Fresh Approach facilities, projects or stored in Fresh Approach locations, from any and all future claims resulting from ordinary negligence or any other legal theory (other than gross negligence or willful misconduct), for injury, death or damage arising from my volunteer efforts for Fresh Approach. I understand that this release and waiver of liability is intended to be as broad and inclusive as permitted under the laws of the State of California, and agree that if any portion is held invalid, the remainder of the release and waiver of liability will continue in full legal force and effect. I expressly waive and relinquish all rights and benefits afforded by California Civil Code Section 1542, and do so understanding and acknowledging the significance of the specific waiver of Section 1542. Section 1542 states as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
4. Indemnity. further agree to indemnify and hold harmless Fresh Approach, its successors, assigns and affiliates, and their officers, employees and agents for any and all claims as a result of my volunteer activities on behalf of Fresh Approach.
5. Voluntary. I have carefully read this Agreement and fully understand its contents. I am aware that this is a contract between myself and Fresh Approach and a release of liability, and I sign it of my own free will. By signing this Agreement, I certify that I am eighteen years of age or older or have delivered the consent of my parent or guardian to Fresh Approach.
6. Miscellaneous: This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of California. If any term of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, then the remainder of this Agreement shall remain in full force and effect to the fullest extent possible under the law, and shall not be affected or impaired. Any executed copy of this Agreement shall be deemed an original for all purposes, and this Agreement may be executed in counterparts. The language in all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against either Fresh Approach or Volunteer. The captions used in this Agreement are for convenience only and shall not be considered in the construction or interpretation of any provision hereof.
To maintain compliance with our insurance policies, individuals must agree to wear closed-toe footwear during all volunteer activities. Flip flops and other sandals are generally not appropriate during a volunteer activity.