GrowGood, Inc. Volunteer Liability Waiver & Agreement
GrowGood, Inc. (hereafter “GG”) is a nonprofit organization whose mission is to empower people and transform communities through its farm and farm-related activities. GG regularly engages volunteers in its activities to advance its charitable mission. By signing below, I, the Volunteer (or the Volunteer’s legal guardian), agree that:
Policies and Safety Rules: For my safety and that of others, I will comply with GG’s volunteer policies, safety rules and other directions for all volunteer activities. I will supervise any child or other person for whom I am responsible. If I become aware of any hazardous condition or danger at a GG program site, I will alert GG.
Awareness and Assumption of Risk: I understand that GG activities have inherent risks that may arise from the activities themselves, my own actions or inactions, or the actions or inactions of GG, its directors, officers, employees and agents, other volunteers, and others present at GG program sites, including Salvation Army staff and clients. These risks may arise from general farm activities, they also may arise from interactions with other individuals, including staff and clients of the adjacent homeless shelters. Other risks include exposure to the elements, bodily injury from general farm work requiring physical exertion and/or use of farm tools or machinery, as well as potential exposure to pests and/or other animals, etc. I assume full responsibility for any and all risks of bodily injury, death or property damage caused by or arising directly or indirectly from my presence at GG’s farm or participation in GG activities, regardless of the cause.
Waiver and Release of Claims: In consideration of my activities with GG, I waive and release any and all claims against GG, its directors, officers, agents, employees, volunteers, and affiliates (collectively, the “Released Parties”), from any liability, loss, damages, claims, injury, including personal injury or death, expenses, damage or loss to personal property, caused by, arising from, or related to my activities with GG. I waive the protections of Section 1542 of the California Civil Code, which provides that a general release does not extend to certain claims not known to me at the time I signed this waiver and release.
Medical Care Consent and Waiver: I authorize GG to provide to me first aid and, through medical personnel of its choice, medical assistance, transportation and emergency medical services. This consent does not impose a duty upon GG to provide such assistance, transportation, or services. In addition, I waive and release any claims against the Released Parties arising out of any first aid, treatment or medical service, including the lack or timing of such, made in connection with my activities with GG.
Indemnification: I will defend, indemnify and hold the Released Parties harmless from and against any and all
liability, loss, damages, claims and attorney’s fees that may be suffered by any Released Party resulting directly or indirectly from my GG activities.
Confidentiality: As a result of my activities with GG, I may have access to confidential information. At all times during and after my participation, I agree to hold any such confidential information in confidence and not disclose or use it except as required in my GG volunteer activities.
Publicity: I consent to the use by GG, without payment, of my image, voice, name and/or story in any format, including video, print, or electronic (collectively, the “Materials”), as GG may deem appropriate to promote its charitable mission. GG may make the Materials available at its discretion to third parties, on GG’s website, in GG’s publications, or through any other media, including social networking websites. I waive any right to inspect or approve the finished product or to receive any payment. I grant to GG all copyrights in the Materials and waive any legal claims, including those relating to copyright, or rights of publicity or privacy. If you do not wish to agree to this
Publicity consent, please check this box: [ ] Volunteer Not an Employee: I understand that (i) I am not an employee of GG, (ii) that I will not be paid for my participation, and (iii) I am not covered by or eligible for any GG insurance, health care, worker’s compensation, or other benefits. I may choose at any time not to participate in an activity, or to stop my participation entirely with GG.
General Provisions: I understand that this agreement will be binding for the duration of my involvement with GG. This is the final, complete, and exclusive agreement between GG and me, and supersedes all prior or contemporaneous communications or understandings, either oral or written. This agreement will be binding to the fullest extent permitted by law. This agreement may not be modified except by a writing signed by GG and me.
If any provision of this agreement is found invalid or unenforceable, the remaining terms will continue to be valid.
All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of California. Any disputes shall be addressed in the City of Los Angeles, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any
other jurisdiction).
Arbitration of Disputes: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be subject to mandatory arbitration in Los Angeles, California by the American Arbitration Association in accordance with its Arbitration Rules. Any judgment rendered by the arbitrator(s) shall be final and non-appealable.
I have read this agreement. I understand it, and agree to its terms.