1. I, (hereinafter I, VOLUNTEER ), HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge the New River Land Trust, a Virginia non-stock corporation and a tax exempt organization under Section 501(c )(3) of the U.S. Internal Revenue Code, (hereinafter NRLT) and its agents, managers, employees, officers, directors, affiliates, successors and assigns, of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities, of every kind and nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to the VOLUNTEER in any of the events or activities conducted by, on the premises of, or for the benefit of, NRLT provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
2. Medical Treatment: Volunteer does hereby release and forever discharge NRLT from any claim whatsoever which arises or may hereafter arise. I am aware staff/volunteers may provide support for this Volunteer Activity, including but not limited to the administration of: first aid, CPR (Cardiopulmonary resuscitation), and/or the use of an AED (automated external defibrillator). I authorize any such staff/volunteers to assist me and/or to provide such assistance as in the opinion of such person may be necessary or appropriate. I UNDERSTAND THAT NEITHER NRLT, NOR ANY OF ITS SUPPORTING SPONSORS, ASSUME ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO MY PARTICIPATION IN THIS VOLUNTEER ACTIVITY. I waive all claims that I might have based on any of those and other risks typical in this type of activity. I authorize the NRLT staff/volunteers, in event of an accident or illness affecting said VOLUNTEER to authorize on my behalf all procedures, including admission to hospital and necessary treatment, as he/she may deem essential for the care and well-being of said participant, in the event that immediate contact with the undersigned cannot be made. I agree and hereby waive all claims against, and agree to fully release, hold harmless, and indemnify NRLT, all sponsors, representatives (including staff/volunteers), and independent contractors from all claims or liabilities of any kind arising out of my participation in this event/program, even though liability may arise out of negligence or carelessness on the part of the persons named in this waiver. I FURTHER AGREE AND WARRANT THAT IF AT ANY TIME I BELIEVE CONDITIONS TO BE UNSAFE, I WILL IMMEDIATELY EXERCISE MY RIGHTS AND DISCONTINUE FURTHER PARTICIPATION IN THE ACTIVITY.
3. Assumption of Risk. The volunteer understands the activities may include LIFTING,
PULLING, BENDING, KNEELING, PHYSICAL LABOR RELATED TO TRAIL BUILDING, OUTDOOR RECREATION MAINTENANCE, BE SUBJECT TO UNEVEN TERRAIN, HILLS, EFFECTS OF WEATHER, POISONOUS PLANTS, WILDLIFE CONTACT, MISUES OR FAILURE OF EQUIPMENT AND OTHER DANGERS WHICH COULD CAUSE INJURY OR DEATH.
4. Insurance. The Volunteer understands that, except as otherwise agreed to by NRLT in writing, NRLT does not carry or maintain health, medical, or disability insurance for any Volunteer. EACH VOLUNTEER IS EXPECTED AND ENCOURAGED TO OBTAIN HIS OR HER OWN MEDICAL OR HEALTH INSURANCE COVERAGE.
5. Photographic Release. Volunteer does hereby grant and convey unto NRLT all right, title and interest in any and all photographic images and video or audio recordings made by NRLT during the Volunteers Activities with NRLT, including but not limited to any royalties, proceeds, or other benefits derived from such photographs or recordings.
6. Other. Volunteer expressly agrees that this Release is intended to be as a broad and inclusive as permitted by the laws of the State of Virginia and that this release shall be governed by and interpreted in accordance with the laws of the State of Virginia. Volunteer also agrees that in the even that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provisions shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
By indicating your acceptance, you understand, agree, warrant and covenant for
VOLUNTEER .This WAIVER AND RELEASE contains the entire agreement between the
parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provisions of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of, NRLT whether by agreement, by operation of law, or otherwise.
I have read, understand and fully agree to the terms of this WAIVER AND RELEASE. I
understand and confirm that by signing this WAIVER AND RELEASE said VOLUNTEER has have given up future legal rights. I have signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to me. My signature is proof of my intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law.