This Volunteer Agreement and Release of Liability (this “Release”) is executed by the undersigned volunteer (and, if the undersigned is less than 18 years of age, the undersigned volunteer’s parent or guardian) as of the date indicated below in favor of 3 Bluebirds Farm, a nonprofit organization providing services for autism, each of 3 Bluebirds Farm directors, officers, employees and agents and each of the other Released Parties described in paragraph 3 of this Release. Please read each section carefully and sign and date this Release where indicated (or confirm your acceptance of this Release if this Release is completed electronically). Your signature below, or electronic confirmation (if this Release is completed electronically) constitutes your irrevocable and unconditional consent to the entirety of this Release. Failure to sign and date or confirm electronically (if this Release is completed electronically) this Release will make you ineligible to participate as a volunteer.

1. Voluntary Participation. I acknowledge that I have voluntarily applied to participate in a project sponsored by 3 Bluebirds Farm in which volunteers will be assisting in setting up a large space for a fundraising event. I understand that as a volunteer I will not be paid for my services and that I am not acting as an employee of 3 Bluebirds Farm. I further agree that my participation in the project may be terminated at any time by 3 Bluebirds Farm.

2. Assumption of Risks. I am aware that by participating on 3 Bluebirds Farm property, I may be exposed to personal injury, illness, death, or damage to my property as a result of my activities, the activities of other volunteers, or the conditions under which my volunteer services are performed. I understand that the activities include work that has potential for personal injury, health risks, or emotional distress to the Volunteer, including, but not limited to, lifting, working with chemical cleaning agents, and transportation of heavy objects. I understand that the activities around the 3 Bluebirds Farm property includes work that may be hazardous to the Volunteer, including, but not limited to, the use of farming tools and equipment, various forms of lifting, repetitive motions, construction, loading and unloading, and transportation to and from the work sites. Volunteer (and Guardian) agrees to work with full knowledge of the dangers and potential injuries involved and hereby expressly and specifically assumes the risk of injury or harm and releases 3 Bluebirds Farm from all liability for injury, emotional distress, illness, death, or property damage resulting from or arising out of the activities and/or Volunteer’s negligence. Volunteer (and Guardian) also agrees to indemnify 3 Bluebirds Farm for any injuries they may cause to another’s person or property while engaged in said activities, including any damages that may be levied against 3 Bluebirds Farm for such injuries and the costs of defending against any claim or lawsuit for damages (which costs shall include, but not be limited to, reasonable attorneys’ fees).

By participating in the above activities, you may be exposed to several inherent risks, including but not limited to those listed below:

• Burns
• Cuts
• Flu-Like Illness
• Falling Timber could cause a Concussion
• Collision
• Falling
• Sunburn
• Heatstroke Dehydration
• Death
• Environmental Risks & Hazards
       - Insects
       - Snakes
       - Farm animals
       - Predators including large animals
       - Lightening
       - Unpredictable Forces of Nature

3. I agree:

1. Not to participate as a volunteer at The Bluebirds Ball if I have had a body temperature of 100.4 degrees or higher during the previous 14 days or have suffered any symptoms of the COVID-19 virus, the flu, or the common cold;
2. To have my body temperature taken with a non-contact forehead thermometer as a condition to entering the Project premises and will immediately exit the Project premises if my body temperature is 100.4 degrees or higher;
3. To comply with all project management, sanitation and cleanliness, and rules, policies, and guidelines established by 3 Bluebirds Farm that are applicable to the Project, including with respect to presenting proof of vaccine and utilizing sanitation stations.

4. Release. In consideration of the opportunity afforded me to participate in the Project, I, on behalf of myself and my successors, assignees, heirs, guardians and legal representatives, hereby irrevocably and unconditionally (a) waive and release any and all claims for personal injury, illness, death or damage to property and any and all claims that arise on account of any first aid, treatment or service rendered to me, in each case, related to or arising out of my participation in the Project (collectively, the “Released Claims”) against respective directors, officers, employees or agents, any financial or in-kind sponsor of the Project, any supplier of any materials or equipment that are used during the Project, any other volunteer or service recipient participating in the Project or any recipient of the benefits of the Project (collectively, the “Released Parties”); and (b) agree not to assert or prosecute (or assist any other person or entity in asserting or prosecuting) any Released Claim against any Released Party. I understand and agree that no Released Party assumes any responsibility for or obligation to provide financial or other assistance, including but not limited to medical, health, and/or life insurance with respect to any Released Claim.

5. Media/Video/Photo Release. I grant and convey to 3 Bluebirds Farm all rights, title, and interests in any and all photographs, images, video, or audio recordings of me or my likeness or voice made by 3 Bluebirds Farm in connection with my providing volunteer services to 3 Bluebirds Farm.

6. Code of Conduct. I hereby acknowledge and agree that, in connection with my participation in the Project, I will:

1. Treat others with respect, courtesy, and dignity, including by refraining from using language and actions contrary to 3 Bluebirds Farm expectations;
2. Obey all local, state, and federal laws and respect local customs, culture, and practice;
3. Will not possess and will refrain from the use of illicit drugs, and any other illegal substances according to local, state, and federal laws (and I understand that the possession or use of any such illicit drugs and other illegal substances is prohibited at all times during my time volunteering at 3 Bluebirds Farm and that the possession or use of such drugs or other substances may result in criminal prosecution);
4. Refrain from sexual harassment, consisting of, but not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature (and I understand that any such actions will not be tolerated in any manner in connection with the Project and will result in my immediate removal from volunteering and all related activities);
5. Refrain from taking any action that endangers myself or others;
6. Respect at all times the facilities, equipment, rooms, buildings, and surroundings related to the Project;
7. Become familiar with the rules, regulations, and safety guidelines issued by the manufacturer or seller of any tool, product, or material used by me during the course of the Project and not violate such rules, regulations, and safety guidelines; and
8. Immediately report accidents, injuries, and illnesses to the Project organizers or leaders.
9. Will not possess any guns or weapons, concealed or otherwise, on 3 Bluebirds Farm property at any time (and I understand that the possession of any such guns or weapons, concealed or otherwise, will result in immediate termination of participation). 

I further acknowledge and agree that 3 Bluebirds Farm reserves the right to notify law enforcement as it deems necessary and appropriate in connection with the Project.

7. Children under 14. We kindly ask that all children that participate be age 12 or older. under the age of 14 be supervised at all times by a parent or guardian and that children under the age of 12 not attend farm workday. Many of our farm workdays require farm equipment, heavy lifting, and working with unpredictable animals in an open 28-acre space.
3 Bluebirds Farm staff and organization will not be responsible for providing childcare during the farm workday or held liable for any damage to the child's items or injury to the child while on 3 Bluebirds Farm grounds. 

8. Farm Animals. No person, young or old, is allowed to visit any farm animal at any time without the assistance of a 3BBF staff person.

9. Knowing and Voluntary Execution. I HAVE CAREFULLY READ THIS RELEASE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A CONTRACT AND A RELEASE OF LIABILITY BETWEEN MYSELF AND 3 BLUEBIRDS FARM AND THE OTHER RELEASED PARTIES DESCRIBED IN THIS RELEASE AND I SIGN IT OF MY OWN FREE WILL.

10. Most Importantly have fun and know that you are making a difference!

This form MUST be completed by each person visiting 3 Bluebirds Farm. 

WARNING

3 Bluebirds Farm is an AGRITOURISM site. As defined in NC law, Agritourism is any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and attractions. The farm camp sessions we provide at Camp Bluebird fall under our Agritourism permit, along with the many other services we provide within our mission. It is important to understand that under NC law, there is no liability for an injury or death of a participant in an agritourism activity conducted at the agritourism location. We ask that you please fill out and sign the following release and waiver of liability.

In consideration of 3 Bluebirds Farm (“3BBF”) allowing myself or my child to participate in farm animal-related and agritourism activities (“Agritourism Activities” as defined in Chapter 99E of the NC General Statutes § 99E-30) at 3BBF, I hereby agree as follows:

A. Acknowledgement of Risks

1. I fully understand and hereby acknowledge that Farm Animal Activities and other Agritourism-related activities have inherent risks, dangers, and hazards.
2. My own or my child’s participation in Farm Animal and Agritourism Activities may result in injury, illness, or death.
3. These risks may be the result of inherent risks from farm animals or may be caused by the negligence of 3BBF, its agents, or employees, or the sponsors, if any, of Farm Animal Activities and Agritourism Activities at 3BBF.

B. Assumption of Risks

1. I hereby assume all risks of danger or injury to myself and/or my child.
2. I hereby assume responsibility for all losses or damages involving myself or my child, regardless of cause.
3. I hereby assume responsibility for all losses or damages involving my operation of any motor vehicles while entering and exiting 3BBF.
4. I hereby assume responsibility for all losses or damages or items belonging to me or being used by me or my child involving any farm animal at 3BBF.

C. Release from Liability

I, on behalf of myself, my child, my personal representatives, my equipment, my heirs, and assigns, hereby voluntarily waive, release, discharge, hold harmless, defend and indemnify 3BBF, its agents, employees, and officers from any and all claims, actions, losses for bodily injury, property damage, wrongful death, loss of services, or otherwise, which may arise from my own or my child’s participation in Farm Animal and Agritourism activities at 3BBF regardless of any negligent acts or omissions of 3BBF, its agents, officers, or employees.

I have read this Release and Waiver and by signing it agree with its terms. I have read and fully understand the "Warning" posted above. It is my intention to exempt and relieve 3 Bluebirds Farm from any and all liability related to my own or my child’s participation in any Farm Animal and Agritourism Activities.

I agree, to not hold 3 Bluebirds Farm responsible for any injuries and/or damages suffered by me while involved in the activities and/or while on the premises of 3 Bluebirds Farm. I agree to indemnify, save and hold harmless The Farm, its owners, agents, contractors, and employees from any and all loss, liability, damage, or costs whatsoever, arising out of or related to any loss, damage, or injury (including death) to me arising out of or any way connected with participation in the activities and/or on the premises of The Farm for any reason or cause. This indemnity will arise upon any action or suit or claim for loss, damages, and costs whatsoever arising out of related to arising out of, or in any way connected with, my participation in activities or presence upon the premises of 3 Bluebirds Farm. The cost here indemnified include, but are not limited to, all costs, expenses, and fees arising out of and connected with The Farm’s defense against any claim released, discharged, and upon which promise has been made not to sue or make a claim