Release and Waiver of Liability for Second Wind Cottages (SW)
PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS.
This Release and Waiver of Liability (the “Release”) executed on this day of service by the “Volunteer” stated on this form in favor of Second Wind Cottages, Inc., a New York nonprofit corporation, its directors, officers, employees, and agents – including without limitation, other volunteers – (collectively and individually, “SW”).
I, the Volunteer, desire to work as a volunteer for SW and engage in any activities related to being a volunteer (the “Activities”). I understand that the Activities may include, without limitation: working in the SW office, traveling to and from work sites, consuming food available or provided, meetings, living in housing provided for volunteers, constructing and rehabilitating buildings and properties, and other construction-related activities.
I, the Volunteer hereby freely, voluntarily, and without duress executes this Release under the following terms:
Release and Waiver.
I, the Volunteer, do hereby release and forever discharge and hold harmless SW and its heirs, successors and assigns from any and all liability, claims, and demands of whatever kind or nature, which I or my heirs, assigns, next of kin, or legal representatives, either in law or in equity, may have or may hereafter arise with respect to any bodily injury, personal injury, illness, death, or property damage which arise or may hereafter arise from or is in any way related to my Activities with any of the Released Parties, whether caused wholly or in part by the simple negligence, fault or other misconduct, other than intentional or grossly negligent conduct, of any of the Released Parties or of other volunteers.
I understand that this Release discharges SW from any liability or claim that the Volunteer may have against SW with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Volunteer’s Activities with SW, whether caused by the negligence of SW or its officers, directors, employees, or agents or otherwise. Volunteer also understands
that SW 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 in the event of injury, illness, death, or property damage.
It is the policy of SW that children under the age of 16 are not allowed on SW worksites while construction is in progress. It is further the policy of SW that, while minors between the ages of 16 and 18 may be allowed to participate in construction work, using power tools, excavation, demolition, working on rooftops, and similar activities are not permitted for anyone under the age
Volunteer does hereby release and forever discharge SW 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 the Volunteer’s Activities with SW.
If the Volunteer is less than 18 years of age, the Volunteer and the parents having legal custody and/or the legal guardians of the Volunteer (the “Guardians”) also hereby release and forever discharge the Released Parties from any claim whatsoever 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 consent to medical or dental treatment as such power may be granted and authorized in a Parental Authorization for Treatment of a Minor Child.
Assumption of the Risk.
I, the Volunteer, understand that my Activities may include inherently dangerous work, including, but not limited to, construction, loading and unloading, and transportation to and from the worksites and 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. Volunteer hereby expressly and specifically assumes the risk of injury or harm in the Activities and releases SWC from 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 SW in writing; SW does not 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 medical, health, or other insurance coverage.
I, the Volunteer, do hereby grant and convey unto SW all right, title, and interest in any and all photographs and video or audio recordings made by SW during the Volunteer’s Activities with SW, including, but not limited to,
any royalties, proceeds, or other benefits derived from such photographs or recordings.
The Volunteer understands that all personal belongings, including all tools and equipment, owned by the Volunteer brought onsite remain the Volunteer’s responsibility. TCHFH is not liable for Volunteers’ broken or misplaced belongings.
I, the Volunteer, expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of New York, and that this Release shall be governed by and interpreted in accordance with the laws of the State of New York, without effect to its doctrine of conflict of laws.
Volunteer agrees that in the event that 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 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.