RELEASE AND WAIVER OF LIABILITY
Please read all provisions of this Waiver and Release carefully before signing.
I desire to volunteer my time and effort and participate in activities with and coordinated by Food Strong (a 501(c)(3) tax exempt Ohio nonprofit corporation) including, without limitation: gardening, farming, and other agricultural activity (“Urban Farming”); clean-up, repair, restoration, and improvement of land, facilities, and buildings used or intended to be used for Food Strong’s Urban Farming and other programs; and the use of hand tools, implements, power tools and other equipment in connection with the same at or adjacent to locations owned, lease, or otherwise in use by Food Strong (collectively the "Activities"). I understand and acknowledge that the locations and facilities at which the Activities are conducted include buildings (and areas adjacent to such buildings) that are old and in various states of disrepair. These “Buildings” may contain numerous hazards, known and unknown, visible and hidden, including without limitation, trip hazards, structural and other defects, dust, peeling and chipped paint, deteriorated insulation and plaster, and other conditions reflective of the age and condition of said Buildings.
In consideration of being permitted by Food Strong to participate in the Activities and in recognition of Food Strong's reliance hereon, I agree to all the terms and conditions set forth in this "Waiver and Release."
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE OR MAY BE POTENTIALLY DANGEROUS AND/OR HAZARDOUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS ILLNESS AND DISEASE, EXPOSURE TO POTENTIALLY HAZARDOUS MATERIALS OR SUBSTANCES (INCLUDING BUT NOT LIMITED TO DUST, AGRICULTURAL CHEMICALS, LEAD, AND ASBESTOS), SERIOUS INJURY, DISABILITY, PAIN, SUFFERING, DEATH, FINANCIAL LOSS, AND/OR PROPERTY DAMAGE. I ALSO UNDERSTAND AND ACKNOWLEDGE THAT ANY INJURIES OR DISEASE THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF FOOD STRONG, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF FOOD STRONG OR THIRD PARTIES.
I ACKNOWLEDGE THAT I HAVE RECEIVED SAFETY AND HAZARD WARNINGS AND INFORMATION FROM FOOD STRONG AND ITS REPRESENTATIVES, AND AGREE TO ABIDE BY ALL SAFETY RULES AND WARNINGS AT ALL TIME. I AGREE TO PROPERLY USE ALL SAFETY AND PERSONAL PROTECTIVE EQUIPMENT (“PPE”) PROVIDED BY FOOD STRONG AND UNDERSTAND THAT MY FOLLOWING SAFETY RULES AND USING PPE IS STRICTLY REQUIRED AS A CONDITION OF MY PARTICIPATION. I UNDERSTAND THAT FOOD STRONG MAY REQUIRE THAT I UNDERGO TRAINING AND INSTRUCTION BEFORE I AM PERMITTED TO USE CERTAIN TOOLS AND EQUIPMENT, INCLUDING ALL POWER TOOLS AND POWER EQUIPMENT, AND I AGREE NOT TO USE OR ATTEMPT USE OF ANY SUCH TOOLS OR EQUIPMENT WITHOUT FIRST BEING TRAINED AND APPROVED BY DESIGNATED FOOD STRONG PERSONNEL.
NOTWITHSTANDING THESE SERIOUS AND SIGNIFICANT RISKS, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE SERIOUS DANGERS AND HAZARDS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF DISEASE, INJURY, EXPOSURE, DISABILITY, PAIN, SUFFERING, DEATH, FINANCIAL LOSS, AND/OR PROPERTY DAMAGE ARISING FROM OR RELATED TO THE ACTIVITIES, WHETHER CAUSED BY OR THAT MAY RESULT FROM THE NEGLIGENCE OF FOOD STRONG OR THIRD PARTIES OR ANY OTHER PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
1. Waiver and Release. I hereby expressly waive and release any and all claims, now known or hereafter known, against Food Strong, and its officers, directors, managers, employees, agents, volunteers, affiliates, partners, contractors, successors, and assigns (collectively, "Releasees"), for any illness, disease, injury, exposure, disability, death, pain, suffering, financial loss, or property damage arising out of or attributable to the Activities, whether arising out of the negligence of Food Strong, any Releasees, or any other participants, to the fullest extent permitted by law. I covenant not to make or bring any such claim against Food Strong or any other Releasee, and forever release and discharge Food Strong and all other Releasees from liability under such claims. This waiver and release does not extend to claims for willful and wanton misconduct, or any other liabilities that Ohio law does not permit to be released by agreement.
2. Confirmation of Physical Status. I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity. I will comply with all international, federal, state, and local laws, orders, directives, and guidelines related to the Activity while participating in the Activity. I will also follow all instructions, recommendations, and cautions of Food Strong at all times during the Activity. I acknowledge that Food Strong is relying on these statements to allow me to participate in the Activity.
3. Indemnification. I shall defend, indemnify, and hold harmless Food Strong and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Waiver and Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Food Strong or any other Releasees, arising out of or resulting from any claim of a third party related to my participation in the Activities, including any claim related to my own negligence or the negligence of the Food Strong, or resulting from my breach of any of the terms of this Waiver and Release.
4. Consent to Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless Food Strong and all other Releasees from any claim based on such treatment or other medical services.
5. Terms and Enforcement of Release. This Waiver and Release constitutes the sole and entire agreement of Food Strong and me with respect to the subject matter contained herein. Any prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter, are invalid and nonbinding on the parties. If any provision of this Waiver and Release is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will remain in full force and effect as if this agreement has been executed without the invalid provision. This Waiver and Release is binding on and shall inure to the benefit of Food Strong its successors and assigns, and me and my heirs, beneficiaries, and personal representatives. All matters arising out of or relating to this Waiver and Release shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction). Any claim or cause of action arising under this Waiver and Release may be brought only in the federal and state courts located in Cuyahoga County, Ohio and I hereby consent to venue in, and the exclusive jurisdiction of, such courts.
I represent that my agreement to the provisions of this Waiver and Release is wholly voluntary, and further understand that, prior to signing this Waiver and Release, I have the right to consult with the adviser, counselor, or attorney of my choice.
PHOTO, VIDEO, and PUBLICITY GRANT and RELEASE
Please read all provisions of this Grant and Release carefully before signing.
GRANT: I irrevocably grant my consent to Food Strong (a 501(c)(3) tax exempt Ohio nonprofit corporation) and its employees, agents, representatives, officers, directors, assignees, licensees, affiliates, and successors (collectively, “Food Strong”), to photograph and video record my image, likeness, and depiction and that of my minor child(ren)/ward(s) listed below (my “Children” whether singular or plural), if applicable (“Persona”), and, further, to use such photographs and video recordings of such Persona and name in all forms and media including composite or modified representations, for any purposes, including but not limited to any advertising, trade, fundraising, promotional, or commercial purpose, throughout the world and in perpetuity. I hereby grant Food Strong permission to edit, crop, and retouch such photographs and video recordings and I waive the right to inspect or approve any finished product or use thereof. Food Strong shall be the sole and exclusive owner of all rights to said photographs and video recordings it has taken, and I release all rights in such photographs and video recordings on behalf of myself and my Children. Food Strong may use such photographs with or without associating my name or that of my Children as a credit in connection with the image. I further waive any claim for compensation of any kind for TNP’s use or publication of such photographs, video recordings, and Persona. Food Strong is not obligated to utilize any of the rights granted herein.
RELEASE: I hereby fully and forever discharge and release Food Strong from any claim for damages of any kind (including but not limited to invasion of privacy, defamation, false light, infringement of moral rights, rights of publicity or copyright, or misappropriation of name, likeness or image) arising out of the possession, distribution, use or publication of photographs, video recordings, or other images of me and/or my Children, and covenant not to sue or otherwise initiate legal proceedings against Food Strong for such use or publication. All grants of permission and consents, and all covenants, agreements and understandings contained herein are irrevocable.
ACKNOWLEDGMENT: I acknowledge and represent that I am over the age of 18, have read this entire document, that I understand its terms and provisions, and that I have signed it knowingly and voluntarily. I acknowledge and represent that I am the parent or legal guardian of any Children named in this form and that I have the legal right to provide consent and release on their behalf. By signing below, I consent and agree to all of the terms and conditions of this PHOTO, VIDEO, and PUBLICITY GRANT and RELEASE on my behalf and for any named Children. I CONSENT TO THE USE OF ELECTRONIC SIGNATURES FOR THIS DOCUMENT AND AGREE TO BE BOUND BY MY ELECTRONIC SIGNATURE ON THIS DOCUMENT THE SAME AS IF IT WERE HANDWRITTEN.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE TERMS OF THIS WAIVER AND RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE RIGHT TO SUE FOOD STRONG AND ALL OTHER RELEASEES. I CONSENT TO THE USE OF ELECTRONIC SIGNATURES FOR THIS DOCUMENT AND AGREE TO BE BOUND BY MY ELECTRONIC SIGNATURE ON THIS DOCUMENT THE SAME AS IF IT WERE HANDWRITTEN.
I acknowledge and represent that I am over the age of 18, have read this entire RELEASE AND WAIVER OF LIABILITY and PHOTO, VIDEO, and PUBLICITY GRANT and RELEASE, that I understand its terms and provisions, and that I have signed it knowingly and voluntarily.
For Parents/Guardians signing for a minor: I am the parent or legal guardian of the minor named in this form identified throughout this document as “I” or “me.” I have the legal right to consent to and, by signing below, I hereby consent and agree to all of the terms and conditions of this RELEASE AND WAIVER OF LIABILITY and PHOTO, VIDEO, and PUBLICITY GRANT and RELEASE, both on behalf of and for the named minor and for and with respect to myself.