This VOLUNTEER RELEASE AND WAIVER OF LIABILITY (this “Release”) is executed as of the Effective Date by the Volunteer (“I” or “me”) in favor of Sweet Farm Foundation, a California not-for-profit corporation having an address of 210 Hall Road, Himrod, New York 14842, and its directors, officers, employees, volunteers, and agents (collectively, the “Organization”).
I desire to volunteer for the Organization and engage in activities related to being its volunteer (the “Activities”). I understand that the Activities may include, but are not limited to, assisting with various farm chores such as cleaning barn and pens, filling supplies, cleaning water bowls and troughs, collecting eggs, preparing feed for the day, and other specific tasks as assigned. Agriculture field volunteers may work on any of the following duties such as sowing seeds in trays or directly into prepared soil, transplanting seedlings into prepared soil, and light weeding of vegetable, herb and flower beds. I also acknowledge and understand that as a volunteer: (i) I will receive no compensation or remuneration for my services, and the Organization has not made any promise of compensation or remuneration for my services; (ii) I will not be eligible for any employee benefits; and (iii) I am not an employee and will only be performing duties reserved for volunteers in accordance with the charitable mission of the Organization.
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
1. Compliance with Policies and Procedures. I acknowledge and agree that I have received, read, and understand the Organization’s Volunteer Manual, COVID-19 Policy, Animal Interaction Basics, and other volunteer policies and training procedures. I agree to comply with the Volunteer Manual, COVID-19 Policy, Animal Interaction Basics, 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.
2. Assumption of Risk. I understand and acknowledge that there are known, unknown, inherent, and unanticipated risks that are associated with my participation in the Activities that may cause damage of property, injury, illness, or death. These risks include, but are not limited to, the possibility of being bitten, scratched, jumped on, dragged, or knocked over by any of the Organization’s animals, and the possibility of tripping, slipping, and falling while walking the grounds. I acknowledge and fully appreciate that these risks may cause personal or bodily injury and property damage, including but not limited to, cuts, breaks, scrapes, bruises, and damage or destruction to my personal property. Knowing the risks involved, I nevertheless voluntarily agree to participate in the Activities, and I hereby expressly assume all risks of any medical, physical, mental, or emotional condition that I may have, whether known or unknown, or suffer as a result of my participation in the Activities. I further acknowledge that I must exercise reasonable care regarding these risks and must comply with and follow all applicable policies and procedures, training, instruction, and safety rules of the Organization.
3. Release and Waiver. I, on behalf of myself, my agents, children, parents, grandparents, personal representatives, heirs, distributes, successors and assigns, hereby forever, irrevocably and unconditionally release, waive, relinquish, and discharge from liability, and covenant not to sue the Organization from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expense, attorneys’ fees, damages, judgments and liabilities, of whatever kind or nature, in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from my participation in the Activities including any claim for negligence, failure to warn or other omission, personal injury, mental or emotional injury, bodily harm, illness, paralysis, death, property damage, and any and all other potential claims for injury and damages arising out of or in any way related to my participation in Activities, except for injuries or damages caused by the Organization’s gross negligence or willful misconduct. I understand and acknowledge that this Release discharges the Organization from any liability or claim that I, my family, estate, heirs, assigns, or executors may have against the Organization with respect to bodily injury, personal injury, illness, death, property damage, or any other loss that may result from the Activities.
4. Insurance. I UNDERSTAND THAT 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.
5. 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 gross negligence, recklessness or willful misconduct, or a conscious flagrant indifference to the rights or safety of others in connection with my participation in the Activities, that arise out of any third-party claim.
6. 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.
7. 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 (as applicable). Section headings are for convenience of reference only and shall not define, modify, expand, or limit any of the terms of this Release.
8. 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 New York, without reference to any choice of law doctrine.
