This RELEASE AND WAIVER OF LIABILITY AGREEMENT (VOLUNTEERS) (this "Agreement") is made and entered into by and between StoneWater Church, a Texas domestic nonprofit corporation, and its affiliates or subsidiaries ("StoneWater") and the undersigned (the "Releasor") Releasor acknowledges and agrees that he or she is eighteen (18) years of age or older and has provided a driver's license or other valid form of identification to a representative of StoneWater prior to executing this Agreement.
Releasor is volunteering to perform community projects coordinated through StoneWater, which may include, but are not limited to, yard work, minor construction, paint jobs, cleaning, moving, repairs, and similar projects that Releasor has experience performing (collectively, the "Activities"), regardless of whether the Activities are performed on StoneWater property or otherwise and for good and valuable consideration, the Releasor hereby agree as follows:
1. RELEASE AND WAIVER. RELEASOR HEREBY AGREES TO FOREVER RELEASE, DEFEND, INDEMNIFY, DISCHARGE, AND HOLD HARMLESS STONEWATER, ITS AFFILIATES, SUBSIDIARIES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, VOLUNTEERS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE "RELEASEES"), FOR, FROM, AND AGAINST ANY AND ALL LIABILITY AND RESPONSIBILITY WHATSOEVER, HOWEVER CAUSED, FOR ANY AND ALL DAMAGES AND COSTS (INCLUDING COURT COSTS AND REASONABLE ATTORNEYS' FEES), CLAIMS, OR CAUSES OF ACTION THAT RELEASOR, HIS OR HER ESTATE, PARENTS, LEGAL GUARDIANS, SPOUSE, RELATIVES, HEIRS, MINOR CHILDREN, ASSOCIATES, ASSIGNS, SUCCESSORS, INVITEES, AGENTS, EXECUTORS, AND PERSONAL REPRESENTATIVES MAY HAVE FOR ANY LOSS, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE WHICH ARISE OR MAY ARISE IN THE FUTURE FROM, ARE CONNECTED WITH, OR IN ANY MANNER PERTAIN TO THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. RELEASOR ACKNOWLEDGES THAT THIS AGREEMENT DISCHARGES STONEWATER FROM ANY LIABILITY OR CLAIM THAT RELEASOR MAY HAVE AGAINST STONEWATER WITH RESPECT TO BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY RESULT FROM THE ACTIVITIES.
2. Covenant Not to Sue. Releasor and his or her parents, legal guardians, spouse, relatives, heirs, minor children, associates, assigns, successors, agents, executors, and personal representatives covenant not to sue and agree not to initiate, or be a party to, any lawsuit, claim, demand, prosecution or action of law for any damages, relief, or compensation, which Releasor may have by reason of injury, death, damage, or loss of any kind whatsoever relating to the actions or inactions of StoneWater or Releasees in connection with the performance of the Activities.
3. Assumption of Risk. Releasor understands and acknowledges that performing the Activities involves certain risks that may be hazardous, and may cause injury, illness, death, or property damage. Releasor hereby expressly assumes all risk of injury, illness, death, or property damage resulting from performance of the Activities, whether caused by Releasor's own actions or the actions of others.
4. Voluntary In Nature; Experience. Releasor acknowledges and agrees that the performance of the Activities is voluntary and does not create any employment, contractor, or agency relationship with StoneWater and Releasor shall not be compensated by StoneWater for performance of the Activities. Releasor further acknowledges and represents that he or she has previously performed similar Activities as the Activity to be performed hereunder by Releasor and that he or she possesses the requisite experience and skill to safely, efficiently, and effectively perform the Activities.
5. Medical Treatment. Releasor and his or her estate, parents, legal guardians, spouse, relatives, heirs, minor children, associates, invitees, assigns, successors, agents, executors, and personal representatives hereby forever release, discharge, and agree to hold harmless Releasees from any liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may arise in the future on account of any first-aid treatment or other medical services rendered in the performance of the Activities.
6.Compliance. Releasor agrees to comply with all laws, orders and regulations of any governmental authorities having jurisdiction, including, without limitation, any law, statute, rule, regulation, ordinance, code, or policy now or hereafter in effect relating to the environment, health, and/or safety related to the performance of the Activities. Releasor further agrees to comply with any rules, regulations, or guidelines that StoneWater has or may hereinafter impose regarding the performance of the Activities. StoneWater reserves the right to revoke Releasor's right to perform the Activities at any time for any reason including failure to comply with such rules, regulations, and guidelines.
7.Choice of Law and Venue. This Agreement shall be governed by the laws of the State of Texas. In the event of litigation pertaining to this Agreement, the exclusive forum, venue and place of jurisdiction shall be in Hood County, Texas. Releasor voluntarily submits himself or herself to the personal jurisdiction of the state and federal courts of Texas and otherwise waives any objections to any state or federal court in Texas exercising personal jurisdiction over the Releasor.
8. No Modification. The provisions contained in this Agreement may not be modified, except through a written modification which must be signed by StoneWater and the Releasor. This Agreement represents the entire understanding between Releasor and StoneWater and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements or representations of the parties to this Agreement. The Releasor is not relying on any verbal representations made by StoneWater or anyone else regarding the Activities.
9. Severability. If any provision of this Agreement shall be held unenforceable or void, then such provision shall be severable from the remaining provisions and shall in no way affect the enforceability of the remaining provisions or the validity of this document.
10. Miscellaneous. Releasor agrees that this Agreement shall be interpreted to provide as broad and liberal protection as possible in favor of StoneWater. Releasor has had a sufficient amount of time to read this Agreement in its entirety and further acknowledges that he or she fully understands every word contained in this Agreement and the purpose and intent of this Agreement. A duplicate, photocopy, or facsimile image of this Agreement shall have the same legal effect as the original Agreement and in the event that the original Agreement is lost, destroyed, or misplaced, a duplicate, photocopy, or facsimile image of this Agreement shall be substituted for the original Agreement.