This Release and Waiver of Liability (“Release”) is executed on the date set forth below by the undersigned (“Participant”) in favor of
THE LAND TRUST FOR TENNESSEE, INC., a Tennessee nonprofit corporation (“LTTN”).
Participant desires 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), and in exchange for LTTN’s permission for Participant to enter Site and engage in Volunteer Activities, Participant assumes all risk related to the Volunteer Activities, and agrees to waive any and all rights, claims, disputes, and/or defenses Participant may have in connection with damages suffered, injuries sustained, or other circumstances arising during Participant’s visit to Site, while traveling to or from Site, or otherwise related to Volunteer Activities.
Participant, being 18 years of age or older, hereby freely, voluntarily, and without duress executes this Release under the terms set forth below:
1. Participant acknowledges and agrees that LTTN’s permission for Participant to visit, access, enter, and/or walk through Site, and to participate 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”) is limited to Participant only and subject to Participant being in the presence, or under the direction, of a representative of LTTN.
2. Participant understands that each Site is different and that hazardous conditions may exist at Site at the time of Participant’s visit to Site. Participant expressly acknowledges and assumes all risks associated with and/or arising out of Participant’s Volunteer Activities. Participant does hereby, for Participant and Participant’s 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, Participant’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.
3. Participant 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 Participant’s Volunteer Activities.
4. Participant 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.