I acknowledge that I have been informed by the terms of this agreement that my volunteer service with New Wine Christian Fellowship, New Wine Development Corporation and affiliates (“New Wine”), involves disaster relief work that is potentially hazardous and/or dangerous. I acknowledge that the volunteer work I will be asked to perform may expose me to illness, injury, emotional trauma or illness, disability and/or death.
I acknowledge that I may be traveling, including in my own or other motor vehicles, both owned and non-owned by New Wine, and working in dangerous and unhealthy circumstances with limited access to medical care.
I also acknowledge that I may be exposed to or called upon to work with dangerous equipment and/or dangerous conditions, which may cause injuries and/or death and/or property damage to me, my motor vehicle and passengers, or other property or individuals. I acknowledge that the New Wine volunteers with whom I will be traveling, working and/or receiving assignments, advice or instruction, many of whom are untrained in the work being performed, are, by the nature of the project, subject to errors in judgments and decisions. Among the possible mistakes in judgments and decisions are: my physical and emotional ability to handle the tasks and conditions existing during the term of my volunteer service; a failure to correctly assess any injury or physical or mental health condition I may have at the time of my volunteer service or sustained during the period of my volunteer service; and my experience or expertise in handling assigned tasks.
I acknowledge and affirm that I have the opportunity to ask any questions I may have of New Wine personnel prior to my departure for volunteer service and prior to the commencement of my volunteer work. I also acknowledge that, despite any answers I have received with respect to my inquiries, the conditions and circumstances of my volunteer service may change to meet the demands of the disaster relief project. I understand that my volunteer service shall remain at the will of New Wine and may be terminated at any time for any reason by New Wine.
If at any time I conclude that I am physically or emotionally incapable of performing a task or enduring the conditions existing during my volunteer service, I understand that it is my sole responsibility to inform New Wine personnel that I cannot or will not perform an assigned task or that I cannot or will not continue to endure the conditions of my volunteer service. Should I elect to perform a task after informing New Wine personnel or volunteers of my reservations about performing the task, I fully acknowledge that the decision to do so is my own, free from pressure or duress by any person. I understand that I am free to end my volunteer service at any time, without reservation or penalty of any kind. I agree that my decision to perform an assigned task is my certification that I am physically and/or emotionally capable of performing the assigned task despite any prior representations I may have made regarding my physical and/or emotional health.
I hereby agree, on behalf of myself and my children, heirs, executors, administrators and assigns, to the fullest extent allowed by applicable law, to release, hold harmless, indemnify and defend New Wine and any and all of its volunteers, personnel, board members, contractors, partners, donors and associates (each an “New Wine Indemnitee”) with respect to all claims, liabilities, losses, suits or expenses, including all litigation costs and attorney’s fees, brought by anyone, including me, in connection with my participation in New Wine projects. By this agreement I agree to waive all claims, whether legal or equitable, for losses, including property damage or bodily injury sustained in connection with use of my motor vehicle or any other motor vehicle in connection with New Wine projects, that I may claim to be caused, in whole or in part, by the negligence or other wrongdoing of any New Wine Indemnitee.
I authorize New Wine and its employees, contractors, and representatives to make photographs, films, and other visual and audio recordings of me during my volunteer service (collectively, “Recordings”) and to publish, display, distribute, and otherwise use the Recordings in print and/or electronic form in any and all media, with or without my name and for any lawful purpose. The foregoing rights include, without limitation, the rights to sell, license, or assign any and all photographic portraits or pictures, television spots, movie films, videotapes and/or sound recordings, or any part thereof, that may incorporate all or part of such Recordings. I hereby waive any right I may have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or any other use to which the Recordings may be applied.
I authorize New Wine to seek and obtain medical care for me should its personnel deem it necessary to do so. I also authorize New Wine to seek and obtain my evacuation from the disaster relief site. In so doing, I agree to hold harmless any and all persons who seek or obtain my evacuation and/or medical care.
I agree that this agreement shall be governed by Louisiana law, without reference to principles of conflicts of laws. Any legal action I may take, despite the terms of this agreement, shall be brought in the State of Louisiana in Calcasieu Parish. Before bringing any legal action for any claim I may make, I agree to participate in mediation in the State of Louisiana in Calcasieu Parish with a Louisiana-based mediator mutually acceptable to the parties. If mediation should fail to resolve any claim I may make, I agree to engage in binding arbitration in the State of Louisiana under the rules and regulations of the American Arbitration Association and before an arbitrator approved under its rules and regulations mutually acceptable to the parties. Should any claim I may make be dismissed or withdrawn, either in arbitration or in a court proceeding, I agree to pay all the costs and attorney’s fees incurred by New Wine, its personnel or volunteers.
Should any portion of this agreement be determined to be unenforceable, the remaining portions of the agreement shall remain in full force and effect without modification.
I give my consent to New Wine to conduct a full and complete background investigation of me at any time in connection with my volunteer service.
I have read this document, or in the event I am unable to read this agreement by reason of language and/or understanding, I have independently undertaken to have it read to me or translated for me, and I acknowledge that I have voluntarily signed it, and that no oral or written representations, statements, or inducements apart from the terms of this agreement have been made to me in signing this agreement. I further agree that no prior or contemporaneous oral or written statement may be used by me to modify the terms of this agreement nor may this agreement be modified in any respect following the date of my signature except by way of a written modification agreement with New Wine.
I understand that this agreement is subject to New Wine privacy policy, which assures me that New Wine will not share my personal information with anyone outside the organization without my permission. Additionally, I have been assured that all information regarding me, whether collected online or in person, is collected via secure channels and stored in New Wine secure databases and facilities subject to New Wine privacy policy.
COVID-19 ASSUMPTION OF RISK: I expressly affirm that I am aware of the public health directives recommending social isolation and distancing in response to the current COVID-19 pandemic. I affirm and attest that I am not currently or have not exhibited within the last 72-hours COVID-19 related symptoms, such as sore throat, cough, shortness of breath, and/or fever, nor have I been exposed to individuals exhibiting the same. I am further aware and affirm that New Wine cannot prevent the possibility of exposure to COVID-19 at its facility or during my transportation to and from its location. I am aware and affirm that volunteering at New Wine involves risk of exposure from staff, other volunteers, shelter residents, and/or the individuals New Wine is serving. I am expressly aware of and affirm the potential health risks that may occur if I am exposed to COVID-19, up to and including death, and that my exposure brings with it the possibility of my exposing others, including members of my household or other communities. I acknowledge and am aware of CDC and other public health recommendations concerning risks COVID-19 exposure presents to individuals in certain age groups and/or with high risk health conditions. I affirm that this waiver, in its entirety, includes any and all liability or claim that I, the volunteer may have against New Wine, with respect to any exposure I may have to COVID-19 as a volunteer.