This Consent, Release, and Waiver of Liability (“Release”) is executed on the date set forth below by the undersigned (“Guardian”) in favor of THE LAND TRUST FOR TENNESSEE, INC., a Tennessee nonprofit corporation (“LTTN”).
Guardian is the parent or legal guardian of the minor child named below (“Minor”). Guardian and Minor desire for Minor to visit properties either owned by LTTN or on which LTTN holds a conservation easement (each a “Site”), and engage in Volunteer Activities (as defined herein). In exchange for LTTN’s permission for Minor to enter Site and engage in Volunteer Activities, Guardian agrees to assume all responsibility for Minor, and waive any and all rights, claims, disputes, and/or defenses Guardian and/or Minor may have in connection with damages suffered, injuries sustained, or other circumstances arising during Minor’s visit to Site, while traveling to or from Site, or otherwise related to Volunteer Activities.
Guardian, being 18 years of age or older, hereby freely, voluntarily, and without duress executes this Release under the terms set forth below:
1. Guardian gives Minor permission and hereby consents to Minor entering, visiting, and/or walking through Site, and to Minor participating in voluntary activities which may include, but are not limited to, walking, hiking, gardening, landscaping, digging, heavy lifting, trail building and maintenance, and other physical labor tasks at Site (collectively, “Volunteer Activities”) Minor’s visit.
2. Guardian acknowledges and agrees that LTTN’s permission for Minor to participate in the Volunteer Activities is limited to Minor only and subject to Minor being in the presence, or under the direction, of a representative of LTTN.
3. Guardian understands that each Site is different and that hazardous conditions may exist at Site at the time of Minor’s visit to Site. Guardian expressly acknowledges and assumes all risks associated with and/or arising out of Minor’s Volunteer Activities. Guardian does hereby, for Minor, Guardian, and either or both of their heirs, executors, and administrators, knowingly release and forever discharge LTTN, its successors and assigns and its officers, directors, employees and agents, from any and all liability, claims, demands of whatever kind or nature, either in law or equity, whether seen or unforeseen, for injury, illness, death, property damage, or otherwise, whether arising out of contract, tort or otherwise, which arise or may hereafter arise, from or related to, Minor’s Volunteer Activities, and waives all rights as to any claims or demands of whatever kind or nature as to any of the foregoing matters.
4. Guardian hereby agrees to indemnify and hold harmless, LTTN and its respective successors and assigns, and its officers, directors, employees, agents, and shareholders (the “Indemnified Parties”) against any and all charges, complaints, actions, suits, proceedings, hearings, investigations, claims, demands, judgments, or, decrees, stipulations, injunctions, damages, penalties, liabilities, obligations, fees or costs to which the Indemnified Parties may be subjected, of any kind or nature whatsoever, resulting from, caused by, arising out of or as a consequence, known or unknown of Minor’s Volunteer Activities.
5. Guardian expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Tennessee. Participant agrees that in the event 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 provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.