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Release and Waiver of Liability
PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT THAT AFFECTSYOUR LEGAL RIGHTS!
This Release and Waiver of Liability (the “Release”) is executed on the day of purchase in favor of Hope Floats, a nonprofit corporation existing under the laws of the State of California, USA, the hosting Hope Float’s Charity(s), both foreign and domestic, and any other Hope Floats affiliated organizations, and their directors, officers, trustees, employees, volunteers and agents (collectively, “Hope Floats and Partners”).
I, the Volunteer, desire to work as a volunteer for Hope Floats and Partners and engage in the activities related to being a volunteer (“Activities”).I understand that my Activities may include but are not limited to the following:Walking, Lifting, General Manual Labor, Cooking, Use of light machinery ortools, kitchen implements, Community cleanup, Painting, Light renovation work
I, the Volunteer, hereby freely, voluntarily and without duress execute this Release under the following terms:
RELEASE AND WAIVER.
I, the Volunteer, do hereby release and forever discharge and hold harmless Hope Floats and Partners and their successors and assigns 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 my Activities with Hope Floats and Partners. I understand and acknowledge that this Release discharges Hope Floats and Partners from any liability or claim that I may have against Hope Floats and Partners with respect to any bodily injury, personal injury, illness, death or property damage that may result from my Activities with Hope Floats and Partners, whether caused by the negligence of Hope Floats and Partners or their officers, directors, employees, agents or otherwise. I also understand that Hope Floats and Partners do not assume any responsibility for orobligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance in the event of injury, illness, death or property damage.
It is the policy of Hope Floats that children under the age of 16 not be allowed on a Hope Floats service project while construction is in progress. It is further the policy of Hope Floats that, while children between the ages of 16 and 18 may be allowed to participate in construction work, ultra-hazardous activity such as using power tools, excavation, demolition or working on rooftops is not permitted by anyone under the age of 18.
I, the Volunteer hereby release and forever discharge Hope Floats from any claim which arises or may hereafter arise on account of any first aid, treatment or service rendered in connection with my activities with Hope Floats, or in the case of a minor child, with the decision by any representative or agent of Hope Floats to exercise the power of consent to medical or dental treatment as such power may be granted and authorized in the Parental Authorization for Treatment of a Minor Child.
I, the Volunteer, do hereby release and forever discharge Hope Floats and Partners from any claim or action whatsoever which arises or may hereafter arise on account of any first aid, treatment or service rendered in connection with my Activities with Hope Floats and Partners.
If the Volunteer is less than 18 years of age (a “minor”), the Volunteer and the parents having legal custody and/or the legal guardians of the Volunteer (the “Guardians”) also hereby release and forever discharge Hope Floats and Partners from any claim whatsoever which arises or may hereafter arise on account of the decision by any representative or agent of Hope Floats and Partners to exercise the power to consent to medical or dental treatment as such power may be granted and authorized in a Parental Authorization for Treatment of a Minor Child.
I, the Volunteer understand that, except as otherwise agreed to by Hope Floats in writing; Hope Floats does not carry or maintain health, medical or disability insurance coverage for any volunteer. Each Volunteer is expected and encouraged to obtain his or her own medical or health insurance coverage.
ASSUMPTION OF THE RISK.
I, the Volunteer, understand that my Activities may include work that may be hazardous, or potentially hazardous to me. I also understand there is some inherent risk in transportation to and from the service projects, and consuming local foods and water in the city(ies) or country(ies) visited. I further understand I may be traveling to and from locations where there is a risk of terrorism, war, insurrection, criminal activities, inclement weather or other circumstances that could threaten my health or safety. I also understand Hope Floats and Partners are under no obligation to pay ransom or make any other payments to secure the release of hostages. I hereby expressly and specifically assume the risk of injury or harm in the Activities and release Hope Floats and Partnersfrom all liability for any loss, cost, expense, injury, illness, death or property damage resulting directly or indirectly from the Activities.
I, the Volunteer, understand that, except as otherwise agreed to by Hope Floats and Partners in writing, Hope Floats and Partners are under no obligation to provide, carry, or maintain health, medical, travel, disability, or other insurance coverage for any Volunteer. Each Volunteer is expected and encouraged to obtain his or her own health, medical, travel, disability or other insurance coverage.
I, the Volunteer, do hereby grant and convey unto Hope Floats and Partners all right, title and interest in any and all photographic images and video or audio recordings made by Hope Floats and Partners during my Activities with Hope Floats and Partners, including, but not limited to, any royalties, proceeds or other benefits derived from such photographs or recordings.
I, the Volunteer, expressly agree that this Release is intended to be as broad andinclusive as permitted by the laws of the State of California, USA, and that this Release shall be governed by and interpreted in accordance with the laws of the State of California, USA. I further agree that in the event any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining clauses or provisions of this Release, which shall continue to be enforceable.Further, a waiver of a right under this Release does not prevent the exercise of any other right.
By completing my purchase of Hope Floats Shore Excursions, I express my understanding of this Release.
IMPORTANT: If the Volunteer is less than 18 years of age, a parent or guardian must also sign this Release and Waiver of Liability with a witness. The parent or guardian that executes this Release on behalf of a Volunteer who is under 18 years of age, hereby covenants, warrants, represents and agrees that he or she is executing this Release on behalf of, and as an agent for, any other individual who may be a parent or guardian of the Volunteer, and that by executing this Release, the undersigned is binding himself/ herself, the Volunteer and any other parent or guardian of the Volunteer, and all of their heirs, executors, personal representatives, assigns and estates to this Release.