THIS IS AN IMPORTANT LEGAL DOCUMENT, PLEASE READ CAREFULLY.
This Release and Waiver (this “Release”) of liability is signed and delivered effective as of the date stated above with respect to the person identified above (the “volunteer,” or the “guest,” as applicable) in favor of Humane Society of West Michigan and its directors, officers, employees, and agents (collectively, “HSWM”).
By signing this Release, I represent and warrant that I am the parent or legal guardian of the volunteer or guest, a minor (“Minor”), with authority to sign this document on the Minor’s behalf and acknowledge that the Minor is a volunteer or guest at HSWM. The Minor is not an employee, agent, or independent contractor of HSWM. As a volunteer or guest, I acknowledge that the Minor is not entitled to any remuneration or compensation, regardless of any services the Minor may provide. I also acknowledge that I am aware that certain hazards, dangers and risks to the Minor are inherent in participating in activities involving interaction with animals, and that animals, by their very nature, can exhibit unexpected behavior and unpredictable behavior, especially when the animals have previously been exposed to abusive conditions. Minor and I understand that interacting with animals involves risks to Minor which could result in serious death or injury, including, without limitation, animal bites or scratches; illness; or property damage. We also understand that there are potential risks which may presently be unknown. Because of the inherent risks in interacting with animals, Minor and I recognize the importance of complying with, and Minor agrees to, and I shall ensure that Minor fully complies with, the applicable laws, policies, rules and regulations, and any supervisor’s instructions or posted warnings regarding interacting with animals. Participation in activities as a guest or volunteer at HSWM means that we consent to these terms. I agree that Minor voluntarily elects to participate as a volunteer or guest at HSWM with knowledge of the dangers and risks involved, that I have warned Minor of the dangers and risks involved, and Minor and I agree to accept and assume any and all risks of property damage, personal injury or death. Minor and I acknowledge and agree that HSWM is permitting Minor to participate as a volunteer or guest at HSWM in reliance upon this agreement and our release and waiver. With these acknowledgements, I am freely and voluntarily delivering this Release under the following terms:
Waiver and Release In consideration for being allowed to voluntarily participate as a guest or volunteer at HSWM, on behalf of myself, Minor, Minor’s personal representatives, heirs, next of kin, successors and assigns, I hereby waive, release and forever discharge and hold harmless HSWM and its successors and assigns (collectively, “Releasees”) from any and all liability, claims, demands and causes of action which may hereafter accrue to Minor or Minor’s estate as a direct or indirect result of Minor’s participation as a volunteer or guest at HSWM, unless due to the gross negligence of Releasees. We understand and acknowledge that this Release discharges the Releasees from liability or claims that we may have with respect to bodily injury to Minor, including, without limitation, animal bites or scratches; illness; death; or property damage. We also understand that the Releasees do not assume any responsibility or obligation to provide financial assistance, including, but not limited to, medical, health, or disability insurance, in the event of injury, illness, death or property damage.
Insurance As a volunteer or guest, we understand that HSWM does not provide worker’s compensation insurance on Minor’s behalf because Minor is not an employee. AS A VOLUNTEER OR GUEST, WE ARE EXPECTED AND ENCOURAGED BY HSWM TO MAINTAIN, MEDICAL, HEALTH AND ALL OTHER APPLICABLE INSURANCE FOR MINOR’S OWN BENEFIT.
Medical Treatment On behalf of myself, Minor, Minor’s personal representatives, heirs, next of kin, successors and assigns, I hereby release and discharge the Releasees from any and all liability claims, demands, and causes of action on account of first aid or other medical treatment rendered during Minor’s participation as a volunteer or guest at HSWM.
Photographic Release On behalf of myself, Minor, Minor’s personal representatives, heirs, next of kin, successors and assigns, I hereby grant and convey to HSWM all rights, title and interest to any and all photographs, images, video and audio recordings made by HSWM during Minor’s guest or volunteer activities with HSWM that include Minor’s image or likeness, including, without limitation, to any royalties, donations, proceeds or other benefits derived from such photographs or recordings. I permit HSWM to publish any such images, recordings and videos at will on its website, social media sites, marketing materials and in other media for advertising and other use as HSWM deems appropriate in its sole discretion.
Other This Release is intended to be as broad and inclusive as permitted by law, and this Release shall be governed by and interpreted in accordance with the laws of the State of Michigan. In the event that any clause or provision of this Release is determined to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision will not affect any other provisions of this Release.
I, THE PARENT AND/OR LEGAL GUARDIAN OF MINOR, AFFIRM THAT I AM FREELY SIGNING THIS RELEASE. I HAVE READ AND FULLY UNDERSTAND THAT BY SIGNING THIS RELEASE I AM GIVNG UP LEGAL RIGHTS AND/OR REMEDIES WHICH MAY OTHERWISE BE AVAILABLE TO ME AND MINOR REGARDING ANY INJURY, LOSSES OR DEATH MINOR MAY SUSTAIN AS A RESULT OF PARTICIPATION AS A VOLUNTEER OR GUEST AT HSWM.