GTRLC Volunteer Liability Waiver and Agreement

I, (“Volunteer”), desire to volunteer with the Grand Traverse Regional Land Conservancy, a Michigan non-profit corporation (“GTRLC”), and understand and acknowledge that my ability to volunteer with GTRLC is subject to certain terms and conditions set by GTRLC. Accordingly, I acknowledge and agree to the following:

1.            I desire to perform volunteer services for GTRLC without promise, expectation, or receipt of compensation (the “Volunteer Services”). The Volunteer Services are offered freely and not as a result of coercion, and I understand that I will not displace any regular employees of GTRLC. I acknowledge and agree that I am not an employee of GTRLC.

 

2.            I understand that I am not required to provide Volunteer Services for any length of time and GTRLC is not required to permit me to provide Volunteer Services for any length of time. Accordingly, I may cease providing Volunteer Services at any time and GTRLC may terminate my Volunteer Services at any time, for any reason, with or without advance notice.

 

3.            I acknowledge that, depending on the type of Volunteer Services provided, I may be exposed or have access to the proprietary and/or confidential information of GTRLC and/or its employees, donors, and vendors. I agree that, both during the term of and after my Volunteer Services, I will not, without the prior written consent of GTRLC, directly or indirectly, disclose or use for the benefit of myself or any other person or business, any trade secret, proprietary, or confidential information of GTRLC, its employees, its donors, and/or its vendors that I acquired during the term of my Volunteer Services (the “Confidential Information”). I agree that I will not use the Confidential Information in any way other than for the benefit of GTRLC in furtherance of the performance of the Volunteer Services. Confidential Information includes, but is not limited to, GTRLC’s business operating and marketing processes, non-public plans and developments, donor lists and preferences and information, payment and donation processing information, any confidential information GTRLC obtains from an employee, donor, or other party, as well as financial and proprietary information about GTRLC or its donors and vendors.  I agree that all Confidential Information is and shall remain the exclusive property of GTRLC.

4.            I acknowledge and agree to comply with all applicable laws during the performance of Volunteer Services and any time I am on GTRLC premises or property protected, owned, or managed by GTRLC, regardless of whether I am performing Volunteer Services. Further, I agree that during the performance of Volunteer Services, I will not discriminate against or harass GTRLC employees, volunteers, donors, or other members of the public on the basis of any protected classification (race, religion, disability, genetic information, color, gender, age, national origin, height, weight, marital status, veteran status, sexual orientation, gender identity, or any other basis protected by applicable state, federal, or other law), and I will not improperly interfere with their work or access to GTRLC’s services or property protected, owned, or managed by GTRLC.

 

5.            I understand and acknowledge that GTRLC desires to maintain a drug-free workplace to protect its employees, property, and the public. Thus, during the performance of Volunteer Services, I agree that I will not use, possess, purchase, sell, manufacture, distribute, or be under the influence of alcohol, legal controlled substances that could create a safety hazard for myself or others, or any illegal controlled substances. Should I be providing Volunteer Services at a GTRLC event where alcohol is served, I understand that moderate use of alcohol is acceptable provided such use complies with applicable laws and does not create any safety hazard for myself or others.

 

6.            I acknowledge and understand that GTRLC may require the satisfactory completion of a background check prior to the performance of certain Volunteer Services for GTRLC. Should I choose not to participate in or should I unsuccessfully complete any such required background checks, I understand that I may not be permitted to provide such Volunteer Services.

 

7.            I acknowledge that I have received, reviewed, understand, and will comply with the GTRLC Whistleblower Protection Policy that is attached to this Agreement as Exhibit A.

8.            I acknowledge that I have received, reviewed, understand, and will comply with the GTRLC Conflict of Interest Policy that is attached to this Agreement as Exhibit B.

 

My signature below indicates my voluntary and free acknowledgment of

and agreement to comply with the above provisions.

If signing for a minor, use the below signature line:

Grand Traverse Regional Land Conservancy

Whistleblower Protection Policy (revised April 28, 2016)

The Grand Traverse Regional Land Conservancy (the "Conservancy") encourages the reporting of illegal or unethical activity and prohibits retaliation against individuals making such reports.

 

I.         Application

 

This Whistleblower Protection Policy applies to and protects the Conservancy's employees (whether full-time, part-time or temporary), volunteers, contract service providers, officers, directors and Board committee members as well as any other person or entity entitled to such protection under state or federal whistleblower statutes (each a "Protected Person" or, if a Protected Person reporting activity or participating in an investigation, hearing or inquiry hereunder, a “Whistleblower”).

 

II.      Purpose

 

The purpose of this Whistleblower Protection Policy is to:

 

A.    Establish procedures to enable Whistleblowers to report good faith complaints or suspicions of illegal or unethical activity and/or participate in investigations hereunder or investigations, hearings or inquiries held by courts, agencies or other governmental bodies, all without fear of retaliation;

 

B.    Prohibit interference with a Whistleblower's right to report such activity;

 

C.    Prohibit interference with a Whistleblower's right to participate in an investigation hereunder or an investigation, hearing or inquiry held by a court, agency or other governmental body; 

 

D.    Prohibit retaliation against a Whistleblower for reporting such activity or participating in an investigation hereunder or an investigation, hearing or inquiry held by a court, agency or other governmental body; and

 

E.     Establish procedures for the filing and resolution of reports of complaints or suspicions of retaliation against Whistleblowers in violation of this policy.

 

III. Reporting

 

The Conservancy has an open door policy and encourages individuals to promptly report complaints or suspicions of illegal or unethical activity and/or retaliation in violation of this policy on the part of the Conservancy or any of its officers, directors, Board committee members, employees, volunteers or contract service providers.  A Whistleblower may make such a report orally or in writing.  A Whistleblower may make the report to the Conservancy Compliance Officer (the “Compliance Officer”), the Whistleblower's supervisor, any member of the

Management Team, the Executive Director, the Board Chairperson or the Conservancy Attorney (each, a "Report Recipient").  Except as provided below, the Report Recipient shall immediately provide the report (if written) or a written summary of the report (if oral) to the Compliance Officer, who shall promptly investigate the report and prescribe any corrective action that is warranted by the investigation.

 

If the report implicates the Compliance Officer in the illegal or unethical activity or the Whistleblower wishes for any reason to have the investigation of his or her report conducted by someone other than the Compliance Officer, he or she may make the report to a Report Recipient other than the Compliance Officer and request that the investigation by conducted by the Board Chairperson or the Conservancy Attorney (each, an "Alternate Investigator").  In the event of such a request, the Report Recipient shall provide the report or written summary to the requested Alternate Investigator, who shall thereafter carry out all of the duties of the Compliance Officer set forth herein; provided, however, that the Alternate Investigator shall not apprise the Executive Director of the  filing of a report or the progress of the investigation pursuant to Section IX hereof if the Executive Director is also the Compliance Officer.

 

Examples of the types of illegal or unethical activity that warrant reporting hereunder include:

 

-Unlawful or improper bookkeeping, accounting, internal controls or auditing matters; -Fraud;

-Unethical business conduct;

-Violation of state, local or federal laws or regulations;

-Inappropriate handling or resolution of any complaint or suspicion previously reported under this policy;

-Dangerous conditions that threaten the health and safety of any Protected Person or the public;

-Harassment, including sexual harassment;

-Drug use or alcohol abuse; and

-Activity that conflicts with the Conservancy's mission, values, or policies and procedures.

 

If the matter in question may be reported under multiple Conservancy policies, the Whistleblower may choose the policy under which he or she makes the report.

 

IV.  Retaliation Prohibited

 

A Whistleblower shall not be discharged, threatened or otherwise discriminated against, including but not limited to discrimination with respect to his or her compensation, terms, conditions, location or privileges or employment, in retaliation for reporting (or preparing to make a report) hereunder or participating in an investigation hereunder or an investigation, hearing or inquiry held by a court, agency or other governmental body.

 

Any Whistleblower who believes that he or she has been retaliated against in violation of this policy should immediately report that complaint or suspicion in accordance with Section III hereof.  

 

Any Conservancy officer, director, Board committee member, employee, volunteer or contract service provider who retaliates against a Whistleblower in violation of this policy shall be subject to disciplinary action, up to and including termination of his or her employment, contractual or other relationship with the Conservancy.

 

V.       Conservancy Compliance Officer

 

Subject to Section III hereof, the Compliance Officer shall be responsible for investigating and resolving all reports hereunder of illegal or unethical activity or retaliation in violation of this policy.  The Compliance Officer shall prescribe and advise the Executive Director and Board Chairperson regarding the actions, if any, to be taken in response to a report and investigation. The Compliance Officer shall be named by the Board of Directors.

 

VI.     Financial Matters

 

The Compliance Officer shall immediately notify the Finance Committee of the Board of Directors of any report hereunder regarding financial issues, including but not limited to bookkeeping, accounting, internal controls or auditing matters.  The Compliance Officer shall work directly with the Finance Committee to investigate and resolve all such reports.

 

VII.  Acting in Good Faith

 

A Whistleblower shall act in good faith and with reasonable grounds to believe in the truth of the facts asserted in any report submitted hereunder and during the investigation of such report.  A Whistleblower who makes a knowingly false statement in a report or during an investigation hereunder shall be subject to disciplinary action, up to and including termination of his or her employment, contractual or other relationship with the Conservancy.

 

VIII. Confidentiality

 

A Whistleblower may submit his or her report anonymously.  Whistleblowers are encouraged to identify themselves in such reports, however, to facilitate the investigation of the illegal or unethical activity or retaliation reported therein.  Reports shall be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation, address the results of the investigation and otherwise comply with the law.

 

IX.    Handling of Reports

 

The Compliance Officer shall notify the Report Recipient (if other than the Compliance Officer) and the Whistleblower (if his or her identity is known) within five business days of his or her receipt of the report.  The Compliance Officer shall promptly investigate and resolve each report. As part of the investigation, the Compliance Officer may consult with legal counsel or other advisers, interview witnesses, and review such relevant documents as are in the Conservancy's files or otherwise available.  The Compliance Officer shall promptly apprise the Executive Director and the Board Chairperson of the filing of any report, the progress of the investigation and the results of his or her investigation as well as the actions, if any, to be taken in response to the report and investigation.  The Compliance Officer shall create a log of all reports and their disposition, which shall be maintained in the Conservancy's files for the period of time prescribed by law.  

 

X.      Dissemination of Policy

 

This Policy shall be disseminated in writing to all Protected Persons and shall be reviewed at least annually by the Executive Committee of the Board of Directors.

 

Refer to Addendum to the Whistleblower Protection Policy for Compliance Officer Contact Information.

 

Addendum to Whistleblower Protection Policy Dated April 23, 2020

Conservancy Compliance Officer

Glen Chown, Executive Director

 

Conservancy Management Team

Executive Director, Glen Chown

Director of Preserve Stewardship, David Foote

Director of Communications and Engagement, Jennifer Jay

Director of Land Protection, Chris Sullivan

Director of Finance and Administration, Birgit Conway

 

Chairperson of the Board of Directors

John Collins

Phone (248) 935-5080; e-mail (jcollins1001@gmail.com)

 

Conservancy Attorney

Scott Howard, Olson, Bzdok & Howard, PC

Phone (231) 946-0044; e-mail (scott@envlaw.com)

 

My signature below indicates my voluntary and free acknowledgment of

and agreement to comply with the above provisions.

If signing for a minor, use the below signature line:

Grand Traverse Regional Land Conservancy

Policy Title: Conflict of Interest Policy for Board Members, Staff Members, and Other Insiders (Adopted February 22, 2018, Amended April 23, 2020)
 

       I.            PURPOSE & APPLICABILITY

 

The Purpose of the Conflict of Interest Policy is to protect Grand Traverse Regional Land Conservancy’s interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of a Conservancy Insider or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing Conflict of Interest applicable to nonprofit and charitable organizations.

 

The Conservancy’s effectiveness is dependent upon public confidence in our organization and its work. We must maintain our reputation for honesty, objectivity, and fairness. Therefore, each Conservancy Insider must avoid Conflicts of Interest and act impartially in his or her work for the Conservancy.

 

This document describes conditions that might constitute real or perceived Conflicts of Interest and identifies the procedures the Conservancy will follow to identify, disclose, and manage and/or avoid these conflicts. The policy applies to all Insiders as defined below.

 

    II.            DEFINITIONS

 

A.    For purposes of this policy, the words and phrases enumerated below shall have the meanings set forth herein.

 

1.      Conflict of Interest.

a)      An Insider (as defined herein), including a Board or staff member, has a Conflict of Interest when a transaction or other matter involving the Conservancy affects or reasonably appears to affect in a material way the personal or financial interest of that person.

b)      A Board or Staff member also has a Conflict of Interest when his or her: (a) relationship to or transaction(s) with any other person, including another Insider, compromises or reasonably appears to compromise his or her objectivity, independence or integrity while participating in the Conservancy’s work; or (b) participation in community affairs compromises or reasonably appears to compromise (i) his or her undivided loyalty to the Conservancy and its mission, or (ii) the Conservancy’s longstanding practice of remaining neutral in partisan affairs, issues, and contests.

2.      Financial Interest. A financial interest is a direct or indirect business, investment, or family (1) ownership or investment interest in any entity with which the Conservancy has a transaction or arrangement; (2) A compensation arrangement with the Conservancy or which any entity or individual with which the Conservancy has a transaction or arrangement, or; (3) A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Conservancy is negotiating a transaction or arrangement.

 

Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.

 

3.      Insider. An Insider is any: (1) Board member; (2) staff member; (3) non-Board committee member;  (4) person who has the ability to influence the Conservancy’s decisions; (5) volunteer who has a significant level of involvement that provides him or her access to inside information not available to the general public; (6) Substantial Contributor (as defined herein) to the organization; or (7) person who has access to information regarding the Conservancy’s plans or operations that is not available to the general public; or (8) Related Party (as defined herein) to any of the people in this section

 

4.      Personal Interest. A Personal Interest is a non-financial interest of any Insider: (1) relating to his or her job or profession; (2) relating to his or her role with a competing organization or entity; (3) implicating a competing fiduciary duty; or (4) implicating a Personal Interest of a Related Party.

 

5.      Related Party. A Related Party is any one of a person’s: spouse, parents, grandparents, great-grandparents, brothers and sisters, spouses of brother and sisters, children, grandchildren, great-grandchildren, and spouses of children, grandchildren, and great-grandchildren.

 

6.      Staff Member. A Staff Member is any full-time, part-time, seasonal, paid or unpaid employee, intern, or extern of the Conservancy. Staff Member does not include volunteers.

 

7.      Substantial Contributors. A Substantial Contributor is any individual, corporation, or foundation that makes a gift or pledge of $100,000 or more at any one time or cumulatively within a five-year period prior to the occurrence of the Conflict of Interest either in cash, appreciated securities, other assets or in land, easement or bargain sale value.

 

8.      Material Financial Interest. A Material Financial Interest is any financial interest in a transaction, direct or indirect, other than one that is so minor that no one would reasonably believe that the interest could affect or influence the judgment or decisions of the person or persons involved.

 

 III.            GENERAL PROVISIONS

 

Each Board and Staff member shall:

 

A.    Annually read this policy and sign an appropriate document acknowledging she or he has received a copy of the policy, has read and understands the policy, and affirms his or her compliance therewith;

B.     Take all reasonable steps to avoid creating a Conflict of Interest;

C.     Apprise the Board Chair or Executive Director, as appropriate, if he or she leans that another Insider has an actual or possible Conflict of Interest; and

D.    Comply with all applicable federal and state laws regarding Conflicts of Interest.

 

 IV.            PROCEDURES

 

In addressing and resolving a Conflict of Interest, the Conservancy should undertake all appropriate measures to ensure, as much as possible, that any transaction entered into with an Insider is equivalent to one with outside, unrelated parties. For all types of transactions, information about comparable transactions and any other information helpful in evaluating the propriety of the transaction should be considered. For any transactions involving land (e.g., sale/bargain-sale or donation of property or a conservation easement), this means at minimum obtaining an independent appraisal or consulting with an independent appraiser concerning the value of the interest in land at issue.

 

A.    If a Board member has an actual or possible Conflict of Interest, the conflicted Board member shall:

 

1.      Disclose the Conflict at the earliest practicable opportunity by either written notice or oral notice at a Board meeting to the Board Chair or Vice-Chair;

2.      Abstain from attending, participating in, or otherwise influencing any Board discussions, and from voting on any Board decision, relating to the Conflict notice, except to answer any questions posed by the Board Chair or Vice-Chair regarding the facts giving rise to the Conflict;

3.      Abstain from attending, participating in, or otherwise influencing any Board discussions, and from voting on any Board decision, relating to the transaction or other matter giving rise to the Conflict of Interest, unless the Board determines that there is no such Conflict;

4.      Similarly, disclose the Conflict of Interest to the Board Committee Chair, and abstain from participating in any way in any Board Committee discussions or decision, including any related vote, when the Conflict arises concerning a transaction or other matter before a Board committee;

5.      Resign from the Board, if requested to do so by the Board, until the matter giving rise to the Conflict of Interest or circumstances has been resolved.  The Board in its discretion may invite the resigned Director to rejoin the Board.

 

B.     Upon receipt of notice that a Board member has an actual or possible Conflict of Interest:

 

1.      The Board Chair or Vice-Chair shall provide notice of the Conflict to the remaining Board members a reasonable time before the next Board meeting or as soon as reasonably practicable when the Conflict has been disclosed orally at a Board meeting;

2.      The Board shall determine whether a more advantageous transaction or agreement that would not create a Conflict of Interest is possible, and, if not, what appropriate measures shall be put in place to screen the conflicted individual as the transaction proceeds;

3.      The Board shall address the Conflict, consider the relevant facts and policies, and take whatever additional action it deems appropriate with respect thereto before discussing and voting on the transaction or other matter giving rise to the Conflict;

4.      The Board shall make a well-documented record in the minutes of its handling and resolution of the Conflict; and

5.      The Board Committee Chair and Board Committee shall similarly address, take action on, and memorialize their handling and resolution of any Conflict notice that the Board committee Chair receives concerning a transaction or other matter before the Board Committee.

 

C.     If a Staff member has an actual or possible Conflict of Interest, the conflicted staff member shall:

1.      Disclose the Conflict of Interest at the earliest practicable opportunity by written notice to the Executive Director; and

2.      Abstain from attending, participating in, or otherwise influencing any related staff, Board, or Board Committee discussions or decision (except to answer any questions posed by the Executive Director regarding the facts giving rise to the Conflict), including any related vote, unless and until the Executive Director determines that there is no such Conflict.

 

D.    Upon receipt of notice that a Staff member has an actual or possible Conflict of Interest:

 

1.      The Executive Director shall address the Conflict of Interest in a manner consistent with the concerns reflected herein and make a well-documented record in the Conservancy’s files regarding his or her handling and resolution of the Conflict;

2.      The Executive Director shall disclose the Conflict to the relevant employees or Board Members, as appropriate and without giving personal details giving rise to the Conflict unless absolutely necessary; and

3.      The Staff member must abstain from attending meetings, influencing discussions and decisions, will be removed from the email list on the project and will be appropriately screened from the project.

 

E.     If an Insider other than a Board or Staff member has an actual or possible Conflict of Interest, the Board Chair or Board Committee Chair addressing the transaction or other matter giving rise to the Conflict shall:

 

1.      Provide prompt notice to all other members of the Board or Board Committee (as applicable), of the Conflict of Interest;

2.      Prevent the conflicted Insider from attending any meeting addressing the matter (except to answer any questions posed by the relevant Chair regarding the facts giving rise to the Conflict) or otherwise influencing any related Conservancy discussions or decision, including any related vote; and

3.      Make a well-documented record in the Board’s or Committee’s minutes of its handling and resolution of the Conflict.

F.      As to a transaction in which a Related Party has an actual or possible Conflict of Interest, the Board Chair or Board Committee Chair addressing the transaction or other matter giving rise to the Conflict shall:

1.      Provide prompt notice to all other members of the Board or Board Committee (as applicable), of the Conflict of Interest.

2.      The individual connected to the Related Party with the actual or possible Conflict of Interest shall abstain from attending, participating in, or otherwise influencing any Board or Board Committee discussions, and from voting on any Board or Board Committee decision (if applicable), relating to the Conflict notice, except to answer any questions posed by the Board Chair or Vice-Chair regarding the facts giving rise to the Conflict;

3.      The individual connected to the Related Party with the actual or possible Conflict of Interest shall abstain from attending, participating in, or otherwise influencing any Board or Board Committee discussions, and from voting on any Board or Board Committee decision (if applicable), relating to the transaction or other matter giving rise to the Conflict of Interest, unless the Board or Board Committee determines that there is no such Conflict; and

4.      The Board or Board Committee shall determine whether a more advantageous transaction or agreement that would not create Conflict is possible, and, if not, what appropriate measures shall be put in place to screen the conflicted individual as the transaction proceeds;

5.      The Board or Board Committee shall address the Conflict, consider the relevant facts and policies, and take whatever additional action it deems appropriate with respect thereto before discussing and voting on the transaction or other matter giving rise to the Conflict; and

6.      The Board or Board Committee shall make a well-documented record in the minutes of its handling and resolution of the Conflict.

G.    As to a transaction in which an Insider, including a Substantial Contributor, has a Material Financial Interest, the Board may approve the transaction only if it determines and makes specific findings that:

1.The Conservancy is entering into the transaction for its own benefit.

2.The transaction is fair and reasonable as to the Conservancy.

3.Prior to consummating the transaction or any part of it, the Board has authorized or approved the transaction in good faith by a vote of the majority of the members in office without counting the vote of any interested Board member and with knowledge of the material facts concerning the Transaction and the Board member’s interest in the transaction.

4.Prior to authorizing or approving the transaction, the Board considers and in good faith determines after reasonable investigation under the circumstances, that the Conservancy could not have obtained a more advantageous arrangement with reasonable effort under the circumstances.

H.    In any case in which an actual or potential Conflict of Interest is disclosed, in developing a response to such Conflict, every reasonable effort will be made to avoid the Conflict. In cases where it is not possible to completely avoid an actual or potential Conflict, reasonable efforts will be made to mitigate the effects of the Conflict. At a minimum, the recommended course of action shall ask the individual involved in the Conflict to disclose the situation fully to the relevant parties and recuse and absent him or herself from any involvement in decisions pertaining to the Conflict. Before the Conflict is disclosed and while the request for approval of a proposed course of action is pending or being considered, the individual involved in the Conflict shall refrain from participating in the questionable activity.

I.        For a donation of land or interest in land with any Insider, the Conservancy and Insider shall comply with the requirements and standards of the Conservancy’s Land Policy.

 

    V.            VIOLATIONS

 

A.    If the Board, Board committee, or Executive Director has reasonable cause to believe a Board member, Staff member, or other Insider has failed to disclose actual or possible Conflicts of Interest, the person shall be informed of the basis for such belief and offered an opportunity explain the alleged failure to disclose.

B.     After hearing the Board member, Staff member, or other Insider’s response and after making further investigation as warranted by the circumstances, the Board, Board Committee, or Executive Director (as applicable) shall take appropriate disciplinary and corrective action if it is determined the person has failed to disclose an actual or possible Conflict of Interest.

 

 VI.            COMPENSATION

 

A.    A voting Board member who receives compensation, directly or indirectly, from the Conservancy for services is precluded from voting on matters pertaining to that Board member’s compensation.

B.     A voting Board committee member whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Conservancy for services is precluded from voting on matters pertaining to that Board member’s compensation.

C.     No voting Board member or voting Board committee member whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Conservancy, either individually or collectively, is prohibited from providing information to any committee regarding compensation.

 

VII.            PERIODIC REVIEWS

 

To ensure the Conservancy operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted.

 

A.    The periodic reviews shall, at a minimum, include the following subjects:

 

1.      Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm’s length bargaining.

2.      Whether partnerships, joint ventures, and arrangement with management organizations (if any) conform to the Conservancy’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes, and do not result in inurement, impermissible private benefit, or in an excess benefit transaction.

 

B.     When conducting periodic reviews, the Conservancy may, but need not, use outside advisors. If outside experts are used, their use shall not relieve the Board of its responsibility for ensuring such reviews are conducted.

 

My signature below indicates my voluntary and free acknowledgment of

and agreement to comply with the above provisions.

If signing for a minor, use the below signature line:

EXHIBIT C to VOLUNTEER ACKNOWLEDGEMENT AND AGREEMENT

 

Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement

 

 

I, for myself and my family, heirs, executors, administrators, personal representatives, agents, employees, assigns, legal representatives and accountants, affiliates, and for any partnerships, corporations, sole proprietorships, or other entities owned or controlled by me (collectively “Participant”), freely and voluntarily enter into this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (the “Agreement”) with the Grand Traverse Regional Land Conservancy (“GTRLC”) in consideration for being permitted to participate in GTRLC events, programs, meetings and activities, including, but not limited to, hiking, walking, clearing, maintaining, landscaping, exploring, recreation, volunteering, and any other activities on property owned, managed, and/or used by GTRLC and/or conducted for the benefit of GTRLC (collectively are referred to as the “Activities”):

 

1.      Risk of Activity. The Participant FULLY UNDERSTANDS  AND ACKNOWLEDGES that (a) THE ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH, as well as, and not limited to: falling; slick or uneven surfaces; surface and subsurface ground cover and/or snow conditions; changing weather conditions; bumps; ice; water; variations in terrain; rugged terrain; downed timber or vegetation; stumps; forest and/or vegetation growth; rocks; debris; caves; animal encounters; marked and unmarked obstacles; man-made objects; visibility; slipping; tripping; improper use of equipment and/or tools; encounters and/or collisions with other Participants, bystanders, staff, animals, insects, vegetation, or natural elements; adverse weather; limited access to and/or delay of medical attention; fatigue; exhaustion; dehydration; overheating; heat stroke; hypothermia; frostbite; mental distress from exposure to any of the above; and omissions, representations, carelessness, and/or negligence of others ("Risks"); (b) these Risks and dangers may be caused by the Participant’s own actions or inactions, the actions  or  inactions  of  others  participating or observing  in the Activities,  the  conditions in which the Activities take place, or THE NEGLIGENCE OF THE "RELEASED PARTIES" NAMED BELOW; and (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to the Participant, or not readily foreseeable at this time; and, to the extent permitted by applicable law,  the Participant VOLUNTARILY CHOOSES FOR PARTICIPANT TO PARTICIPATE IN THE ACTIVITIES AND FULLY ACCEPTS AND ASSUMES ALL SUCH RISKS OF THE ACTIVITIES, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE, AND FULLY ACCEPTS AND ASSUMES ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES the Participant and others may incur as a result of the Participant’s participation in the Activities.

 

2.      Duties of Participant. The Participant assumes the responsibility of Participant maintaining control at all times while engaging in the Activities. The Participant is responsible reading, understanding, and complying with all signage and instructions, including, but not limited to, instructions on use of equipment and/or tools, and use of features, facilities, and property owned, managed, and/or used by GTRLC. The Participant acknowledges that Participant is qualified, in good health, in proper physical and mental condition, and has the physical dexterity and knowledge to safely participate in the Activities. The Participant agrees to comply with all applicable laws while engaging in the Activities. The Participant further agrees and warrants that if, at any time, the Participant believes conditions to be unsafe, the Participant will immediately discontinue further participation in the Activities.

 

3.      Release. In consideration of the Participant being permitted to participate in the Activities, the Participant, for the Participant and the Participant’s family, heirs, executors, administrators, personal representatives, agents, employees, assigns, legal representatives and accountants, affiliates, and for any partnerships, corporations, sole proprietorships, or other entities owned or controlled by the Participant, HEREBY RELEASES, DISCHARGES AND COVENANTS NOT TO SUE the Grand Traverse Regional Land Conservancy, its past, present, and future owners, administrators, directors, agents, officers, members, shareholders, representatives, insurers, employees, attorneys, subsidiaries, divisions, affiliated corporations, successors, and assigns, (each considered one of the "Released Parties" herein) FROM ALL LIABILITY, CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES, AND ATTORNEYS’ FEES ARISING OUT OF OR RELATING IN ANY WAY TO PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE OF THE RELEASED PARTIES, BREACH OF WARRANTY, AND/OR BREACH OF CONTRACT OR OTHERWISE (the “Released Claims”). The Released Claims do not include any claims which the Participant cannot waive by law.

 

4.      Indemnification. To the extent permitted by law, the Participant agrees that if, despite this Agreement, the Participant or anyone on the Participant’s behalf makes a claim against any of the Released Parties which has or could have arisen out of Participant’s participation in the Activities, THE PARTICIPANT WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from and against any demand, liability, or damage of any kind, including, but not limited to, attorneys’ fees and expenses whether or not in litigation, which may occur as the result of such claim.

 

5.      Medical Care. The Participant authorizes the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in their opinion, medical attention is needed. Participant agrees to pay all costs associated with such medical care and related transportation.

 

6.      Miscellaneous. This Agreement shall be governed by the laws of the State of Michigan, and the exclusive jurisdiction and venue for any claim related to and/or arising from Participant’s participation in the Activity shall be located in the state courts for Grand Traverse County, Michigan. Should one or more of the provisions of this Agreement be found to be invalid, illegal, or unenforceable for any reason, the validity, legality, and enforceability of the remaining provisions contained herein shall not be impaired or affected in any way. This agreement is binding upon, and inures to the benefit of, the parties and their respective permitted successors, personal representatives, heirs, and assigns.

 

 

PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT IS COMPETENT TO EXECUTE THIS AGREEMENT, THAT PARTICIPANT HAS CAREFULLY READ EACH OF ITS TERMS, THAT PARTICIPANT HAS HAD THE OPPORTUNITY TO REVIEW THE AGREEMENT WITH LEGAL COUNSEL AND THAT PARTICIPANT UNDERSTANDS ITS CONTENTS. PARTICIPANT, ACCORDINGLY, ENTERS INTO THIS AGREEMENT VOLUNTARILY AND INTENDS IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

If signing for a minor, use the below signature line:

EXHIBIT D to VOLUNTEER ACKNOWLEDGEMENT AND AGREEMENT

 

GRAND TRAVERSE REGIONAL LAND CONSERVANCY

 MEDIA RELEASE FORM

 

 

For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant the Grand Traverse Regional Land Conservancy and its directors, officers, managers, employees, agents, representatives, designees, successors, and assigns (collectively referred to as “GTRLC”) permission to record and capture my image, voice, and likeness in photographs, videos, or any other media during my participation at GTRLC events, programs, meetings and activities (the “Media”). I acknowledge that I will receive no financial compensation for the Media.

 

I understand and agree that all Media will become the property of GTRLC and will not be returned.

 

I hereby irrevocably authorize GTRLC to edit, alter, copy, exhibit, display, publish, print, distribute, copyright, and/or otherwise use the Media for any lawful purpose including, but not limited to, publications, reprints, reproductions, advertisements, brochures, and electronic and physical displays and transmissions (e.g. website images and posters, etc.) to promote GTRLC.  In addition, I waive any right to inspect or approve the finished product, including written or electronic copy, wherein the Media (whether in original or modified form) appear. Additionally, I waive any right to receive any payment, fees, royalties, special credit, or other compensation arising out of or related to the use of the Media.

 

I hereby agree to hold harmless, release, and forever discharge GTRLC from any and all liability arising out of the use of the Media in any manner or media whatsoever, and waive any and all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have in any way relating to the Media, their use, or this authorization.

 

BY SIGNING BELOW, I ACKNOWLEDGE THAT I AM COMPETENT TO EXECUTE THIS AGREEMENT, I HAVE CAREFULLY READ EACH OF ITS PROVISIONS, AND I UNDERSTAND AND AGREE TO ITS CONTENTS.

If signing for a minor, use below signature line:

GTRLC COVID-19 VOLUNTEER SAFETY PROCEDURES

For the health and safety of the Conservancy’s volunteers, supporters, staff and that of the general public, the following procedures must be followed by all volunteers when participating in any Conservancy activity:

Do not participate in any activity if:

●        Fail any portion of the self-health screening: https://forms.gle/UCRyLxYEKGwFbCvC7

●        Were recently exposed (within 10 days) to someone with COVID-19

●        You have recently been diagnosed with COVID-19

●        You have not been practicing social distancing or other transmission reducing precautions

●        You need to use to use public transportation or a rideshare service to your work location

 

During all activities:

●        Always bring PPE (face mask, gloves, hat etc) and hand sanitizer with you, even when working individually. GTRLC will provide the required PPE upon request

●        Maintain >6 foot distance from anyone outside of your household

●        Immediately discontinue activity if your work area becomes congested or crowded

●        Immediately discontinue activity if you feel unsafe for any reason

Please take any and all steps to make your volunteer activity as safe as possible. The Conservancy will be providing washable face coverings and gloves to all volunteers upon request. Additionally, we will be providing a tool check out form so that you may borrow a set of tools required for completing your work for the 2021 field season.

Please reach out to the Volunteer Program Manager, Jon Throop if you have concerns or ideas to improve these safety procedures at jthroop@gtrlc.org

Health screen form (required before all volunteer activity): https://forms.gle/UCRyLxYEKGwFbCvC7

Tool check out form: https://docs.google.com/forms/d/1SCzi3CmNhsDDuzZcNHphjkkmhjrM8xgzHTPBDANYKPI/edit?usp=sharing

 

BY SIGNING BELOW, I ACKNOWLEDGE THAT I AM COMPETENT TO EXECUTE THIS AGREEMENT, I HAVE CAREFULLY READ EACH OF ITS PROVISIONS, AND I UNDERSTAND AND AGREE TO ITS CONTENTS.

If signing for a minor, use the below signature line: