1. Assumption of risk. I understand that the Volunteer Activity for Legacy Land Conservancy will involve the use of sharp tools and will require strenuous physical exertion and potentially hazardous conditions, including, but not limited to, sustained exposure to severe temperatures, exposure to herbicides, uneven terrain, environmental hazards, contagious diseases, ticks, stinging insects, other wildlife, allergenic and toxic plants, falling branches and sharp objects. I understand that I may be exposed to risks from equipment malfunction and the actions, inactions and ill health of other participants. I understand that I may be exposed to contagious diseases, including Covid-19. I understand that the Volunteer Activity may expose me to personal injury, injury to property, illness, and even death. I assume these risks and agree to the following:
- I will follow all instructions provided by Legacy Land Conservancy and its employees and will not commence any activity prior to receipt of instructions.
- I will only use equipment that I know how to operate and use safely.
- I will not undertake any task for which I feel inadequately prepared or able.
- I will take all reasonable precautions to avoid injury to myself and others, or damage to property.
- If I believe conditions to be unsafe or feel unwell, I will immediately discontinue further participation in the Volunteer Activity.
- I will not carry out any activities or tasks under the influence of drugs or alcohol when volunteering as a representative Legacy Land Conservancy.
- Assumption of risk associated with Covid-19 and Certification. I certify that prior to signing this Waiver and Release, I have reviewed the symptoms of Covid-19 provided by the United States Centers for Disease Control (“the CDC”) at http://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html and represent that within the past 14 days, I have not experienced any of the listed symptoms, including: cough, shortness of breath, difficulty breathing, fever, chills, muscle pain, sore throat, new loss of taste or smell, congestion or runny nose, nausea, vomiting or diarrhea. I further certify that I have not been diagnosed with Covid-19; knowingly exposed to, or in close contact with, a person diagnosed with or showing symptoms of Covid-19. I understand that Covid-19 is a highly contagious disease which can spread in all environments, including the outdoors. I understand and agree that by engaging in the Volunteer Activity, I am accepting and assuming the risk that I may be exposed to COVID-19 or other infectious diseases, which are inherent risks that cannot be eliminated. It is my sole responsibility to take all necessary steps, including following CDC safety protocols, to safeguard myself from possible exposure to Covid-19.
2. Waiver and Release. I hereby release, discharge, covenant not to sue, and agree to indemnify Legacy Land Conservancy, its directors, officers, employees and agents from all claims, including claims of negligence, liabilities, losses, damages, costs and expenses arising from or in any way related to my participation in this Volunteer Activity. I intend this Waiver and Release to be effective, regardless of whether the claim of liability is asserted in negligence, strict liability, or other theory of recovery.
3. Medical treatment. I release and discharge Legacy Land conservancy from any claim that arises or may arise due to any first aid, medical treatment or service rendered to me in connection with the Volunteer Activity.
4. Insurance. Legacy Land Conservancy does not have responsibility for providing any health, medical, or disability insurance coverage for me. It is my responsibility as a volunteer to ensure that I have medical/health insurance.
5. Photographic release. I grant Legacy Land Conservancy permission the right to use, for promotional purposes, photographs, video and audio recordings that Legacy Land Conservancy, its employees or agents make of me during this Volunteer Activity.
6. Duration of Release. My agreement to the terms in this Release & Waiver applies as long as I volunteer with Legacy Land Conservancy.
7. Complete Agreement. This Waiver and Release of Liability contains all of the terms of the agreement between me and Legacy Land Conservancy concerning my participation in the Volunteer Activity and supersedes any other agreement, understanding, proposal negotiation or representation regarding the Volunteer Activity.
8. Choice of Law and Severability. I agree that this Waiver and Release is governed by Michigan law and that it is as broad and inclusive as permitted by Michigan law. If a court rules that part of this Waiver and Release is invalid, the remaining parts will remain valid and continue to be in effect.
I certify that I am at least eighteen (18) years of age, or that I am the parent or guardian of the minor volunteer named below, who has my permission to participate in the Volunteer Activity. I have carefully read this Waiver and Release Agreement and fully understand its contents. By signing this Waiver and Release Agreement, I understand that I have given up substantial rights and that this is a binding legal document.