Volunteer Liability Waiver
This Release and Waiver of Liability (the “Release) is executed in favor of San Gabriel Valley Habitat for Humanity, Habitat for Humanity International, Inc. and any other Habitat for Humanity affiliated organization and their respective affiliates, directors, officers, trustees, employees, sponsors, donors, volunteers, and agents(collectively, the “Released Parties”).
I, the Volunteer, desire to work as a volunteer for one or more of the Released Parties without compensation and engage in the activities related to being a volunteer. I understand that my activities may include but are not limited to the following:
Working at Habitat for Humanity offices and worksites, working in or for Habitat for Humanity ReStore operations, loading and unloading materials; traveling to and from work sites, towns, cities or countries; collecting photo or video data for documentation; consuming food available or provided; living in housing provided for volunteers; assisting in disaster relief areas; constructing and rehabilitating residential buildings; other construction-related activities; and other volunteer activities (“Activities”).
I, the Volunteer, understand that my Activities may include work that may be hazardous to me, including, but not limited to, exposure to lead, asbestos, and mold, which may cause or worsen certain illnesses, especially if I do not wear protective equipment, am exposed for extended periods of time, or have a pre-existing immune system deficiency.
For worksites located in the Unincorporated Area of Altadena, County of Los Angeles, California, which has encountered wildfires in recent years, the Volunteer expressly acknowledges and agrees that, as a result of the wildfires in Los Angeles County, numerous hazards exist or may exist at the worksite. There may be contamination of the soils on the worksite and contamination of the soils in the neighborhood and other areas surrounding the worksite as a result of the wildfires or as a result of the fire suppression or fire-fighting efforts during such wildfires. Such possible contamination may include, without limitation releases, spills, discharges or other current and possible future exposure to damaged or destroyed automobiles and their components or parts, petroleum or petroleum based products, car batteries or other household batteries, plastics, paints, paint thinners, solvents, gardening products, cleaning products or cleaning solutions, general household products, construction materials, insulation materials, asphalt or petroleum base construction materials, asbestos or other such construction materials, chemicals or products, electrical transformers or PCB products contained therein, or other chemicals or products and / or materials on the Project site, or within other residences constructed on lots adjacent to or in the vicinity of the Project site, and any or all of which may have been similarly discharged or released into the environment, the soil.
I also understand there is some inherent risk in consuming local foods and living in local accommodations 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, instability, inclement weather, or other circumstances that could threaten my health or safety. I also understand that it is the policy of the Released Parties not to pay ransom or make any other payments to secure the release of hostages.
I, the Volunteer, hereby freely, voluntarily and without duress execute this Release under the following terms:
Release and Waiver. In consideration of and in order to be allowed to participate in the Activities, I, the Volunteer, do hereby release and forever discharge and hold harmless the Released Parties and their successors and assigns from any and all liability, claims, demands, costs and damages of any kind, whether arising from tort, contract or otherwise, which I or my heirs, assigns, next of kin or legal representatives may have or which may hereinafter accrue, arise from, or are in any way related to my Activities with any of the Released parties, including but not limited to personal injury, bodily injury, illness, property damage, loss or death, whether caused wholly or in part by the simple negligence, fault other misconduct of any of the Released Parties or of other volunteers, other than their intentional or grossly negligent conduct.
VOLUNTEER HEREBY AGREES THAT THE MATTERS RELEASED HEREIN ARE NOT LIMITED TO MATTERS WHICH ARE KNOWN OR DISCLOSED, AND VOLUNTEER HEREBY WAIVES ANY AND ALL RIGHTS AND BENEFITS WHICH VOLUNTEER NOW HAS, OR IN THE FUTURE MAY HAVE CONFERRED UPON IT, BY VIRTUE OF THE PROVISIONS OF FEDERAL, STATE OR LOCAL LAW, RULES OR REGULATIONS, INCLUDING SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
I understand and acknowledge that by checking the box I knowingly assume the risk of injury, harm, damage, and loss associated with the Activities. I also understand that the Released Parties do 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, illness, death, or property damage.
I understand and acknowledge that children under the age of 16 are not allowed on Habitat for Humanity worksites while construction is in progress. While minors between the ages of 16 and 18 may be allowed to participate in some types of construction work, I understand that using power tools, excavation, demolition, working on rooftops and similar activities are not permitted for anyone under the age of 18. I agree it is my responsibility to communicate these requirements to any of my minor children who will attend and/or participate in the Activities.
Consent to Transportation and Medical Treatment. I consent to the use of first aid treatment and the use of generic and over the counter medications and treatments as directed by manufacturer labels, whether administered by the Released Parties or first aid personnel. In an emergency, I understand the Released Parties may try to contact the individual listed below as an emergency contact. If an emergency contact cannot be reached promptly, I hereby authorize the Released Parties to act as an agent for me to consent to any examination, testing, x-rays, medical, dental, or surgical treatment for me as advised by a physician, dentist, or other health care provider. This includes, but is not limited to, my assessment, evaluation, medical care and treatment, anesthesia, hospitalization, or other health care treatment or procedure as advised by a physician, dentist, or other health care provider. I also authorize the Released Parties to arrange for transportation of me as deemed necessary and appropriate in their discretion. I, the Volunteer, do hereby release, forever discharge, and hold harmless the Released Parties from any liability, claim, demand, and action whatsoever brought by meor on my behalf which arises or may hereafter arise on account of any transportation, first aid, assessment, care, treatment, response, or service rendered in connection with my Activities with any of the Released Parties.
If the Volunteer is less than 18 years of age, the parent(s) having legal custody and/or the legal guardian(s) of the Volunteer also hereby release, forever discharge and hold harmless the Released Parties from any liability, claim, demand and action whatsoever brought by such volunteer or on his/her behalf which arises or may hereafter arise on account of the decision by any representative or agent of the Released parties to exercise the power to transport, administer first aid, and consent to assessment, examination, x- rays, medical, dental, surgical or other such health care treatment as set forth in the Parental Authorization for Treatment of, and Travel With, a Minor Child.
Insurance. I understand that, except as otherwise agreed to by the Released Parties in writing, the Released Parties 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 understand that I am and remain responsible for payment of such hospital, physician, ambulance, dental, medical, or other services obtained for me or my child. I agree that the Released Parties do not assume any responsibility for the payment of such fees or expenses which may be incurred. If I have health insurance, I understand my personal health insurance is my primary coverage.
Confidentiality. I agree that during my participation in the Activities, I may have access to personal and/or health care information of other persons. I agree to maintain the confidentiality of such information, to use such information only as necessary to do my job as a volunteer, and to comply with Habitat for applicable policies regarding such information.
Individual Photographic/Recording Release. I hereby grant and convey unto the Released Parties all right, title and interest in all photographs and video/audio/electronic records of me, including as to my name, image, and voice, made by or on behalf of any of the Released parties during my Activities with the Released Parties, including, but not limited to, the right to use such materials for any purpose and to any royalties, proceeds or other benefits derived from them. I understand that I will not have any ownership interest in or to such photographs, images and/or recordings. I have not been provided or promised any compensation to me, and I hereby waive any rights, privileges or claims based on any rights of publicity, privacy, ownership, or any other rights arising, related to or resulting from the photographs, images and/or recordings. I understand and agree that this paragraph also applies to my minor child(ren) who are volunteering.
Freelance Photographic/Recording Release. I hereby grant and authorize San Gabriel Valley Habitat for Humanity the right to take, edit, alter, copy, exhibit, publish, distribute my image, in video or still, to be used in and/or for any lawful purpose, without payment or any other consideration. This authorization extends to all languages, media, formats, and markets now known or later discovered. I waive the right to inspect or approve the finished product wherein my likeness appears. I understand I cannot release the image I share on any public medium if it has not been distributed on the mediums of San Gabriel Valley Habitat for Humanity.
Freelance Photographic/Recording Distribution. I agree and forever discharge my image to San Gabriel Valley Habitat for Humanity’s employees and anyone claiming through them, in their individual and/or corporate capacities from all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature or kind. I understand I cannot sell the image to any party. I understand I can use my image on my portfolio as my own, claiming I created the image, without any edits and alteration of the image. I waive any right to royalties or other compensation arising or related to the use of my image or recording.
I intend to electronically sign and be legally bound by this release, waiver of liability and code of conduct.