(“Volunteer”) in favor of Breakthrough Alliance of Colorado, Inc. (“Breakthrough”), a not-for-profit corporation organized and existing under the laws of the State of Colorado, and each of the Released Parties (as defined below).
The Volunteer hereby freely and voluntarily executes this Release and irrevocably agrees as follows:
1. Volunteer Services: The Volunteer desires to provide volunteer services for Breakthrough and to engage in activities related to serving as a volunteer, including, but not limited to, providing mentoring services (the “Services”). Volunteer will provide these services at the written direction of, and pursuant to an agreement or arrangement with Breakthrough. Volunteer will not charge participants any fees for these services and Volunteer is providing them solely of their own accord. Volunteer understands that they will not receive any additional remuneration for providing these services for the benefit of Breakthrough.
2. Acknowledgement: The undersigned understands that (a) the scope of the Volunteer’s relationship with Breakthrough is limited to a volunteer position, and that no compensation, remuneration, or any benefits of any kind are expected by, or will be paid to Volunteer in return for performance of the Services of otherwise, and (b) Volunteer is responsible for his/her own insurance coverage in the event of personal injury or illness as a result of or in connection with the volunteer program and the Services. The Volunteer acknowledges that the Volunteer is not acting as an employee of the Released Parties in connection with the Activity and that the Volunteer is performing services without being under any contract for hire, express or implied, and without receiving any remuneration for such services.
3. Waiver and Release: Volunteer, for myself and on behalf of my descendants, dependents, heirs, executors, administrators, assigns and successors, and each of them, hereby release and forever discharge, covenant not to sue, and hold harmless Breakthrough, its past, present and future officers, directors, equity holders, employees, and/or agents, volunteers, advisors, program participants, successors and assigns, and each of them (individually and collectively, the “Released Parties”), from and with respect to any and all claims, causes of action, agreements, obligations and demands, known or unknown, arising out of or in any way related to my performance of the Services. Without limiting the generality of the foregoing release, Volunteer understands and acknowledges that (a) this Release discharges the Released Parties from any liability, claim, or demand that I may have against any Released Party with respect to bodily injury, personal injury, illness, death, or property damage that may result from Volunteer’s performance of the Services or occurring while Volunteer is providing the Services, including that which results from any Released Party’s negligence, or whether caused by the acts, omissions, statements and/or representations made by, performed by, or omitted by or on behalf of the Released Parties or other volunteers, vendors, third parties, or otherwise, and (b) as a volunteer, Volunteer hereby expressly assume the risk of injury of harm from Volunteer’s performance of the Services. Volunteer also understands that the Released Parties do not assume any obligation to provide financial or other medical, health, or disability assistance in the event of injury or illness.
4. Insurance: Volunteer understands that Breakthrough does not assume any responsibility for or obligation to provide me with financial or other assistance, including but not limited to medical, health, or disability benefits or insurance of any nature in the event of injury, illness, death, or damage to my property. Volunteer expressly waives any such claim for compensation or liability on the part of Breakthrough.
5. Medical Treatment: Volunteer does hereby and forever release and hold harmless the Released Parties from any and all claims which arise or may hereafter arise as a result of any first aid or medical treatment rendered in connection with the Services. In case of serious injury, the Volunteer gives his or her permission for medical treatment should it become necessary.
6. Photographic Release: Volunteer grants and conveys to Breakthrough, for no compensation, all right, title, and interests in any and all photographs, images, video, or audio recordings of Volunteer or his/her likeness or voice made by Breakthrough in connection with my providing the Services or any marketing, promotion, or publicity thereof. Further, any photos or video coverage of Volunteer may be used in future publications and promotions, and that these photos and videos are in the property of Breakthrough.
7. Representation and Warranty: Volunteer acknowledges, represents and warrants that: (i) Volunteer is fully qualified, in good health, and in proper physical condition to undertake and perform the Services; (ii) Volunteer is fully qualified to participate in the Services; (iii) Volunteer will undergo all required training before participating in the Services; and (iv) Volunteer is 18 years of age or older and mentally competent to enter into this Release.
8. Interpretation of Agreement: As a volunteer, the undersigned expressly agrees that this Release is intended to be as broad and inclusive as permitted by laws of the State of Colorado and that this Release shall be governed by and interpreted in accordance with the laws of Colorado, without regard to its conflict of law principles. In the event that any clause or provision of this Release is deemed invalid, the enforceability of the remaining provisions of this Release shall not be affected. By signing below, the undersigned expresses his/her understanding and intent to enter into this Release knowingly, willingly, and voluntarily.
9. Arbitration: Any controversy, dispute, or claim arising out of or relating to the interpretation, performance, or alleged breach of this Release shall be resolved by mandatory, confidential, and binding arbitration at the request of either party in accordance with the rules of the American Arbitration Association. There shall be no right to arbitrate on a class basis or on behalf of the general public or other group of persons similarly situated. Any and all submissions, materials, exhibits, testimony, decisions, awards, or other material related to the arbitration process or the underlying dispute shall be treated as confidence under this agreement. Proceedings under this Section shall be conducted exclusively in Colorado. Further, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and cost.
10. Rules and Regulations: Volunteer agrees to abide by all rules and regulations established by Breakthrough with respect to my volunteer services and will not assist any other person in violating any such rule or regulation, nor condone such violation.
11. Participant Relationships. Volunteer acknowledges that no personal relationship with current or past Breakthrough participants who are currently incarcerated will be held. Clear and appropriate boundaries must be set by volunteers (no promises, no exchange of personal information, etc.) while in the facility. Should this happen, Volunteer will no longer be allowed to participate with Breakthrough as a volunteer. If the Volunteer has a program, service, or other resource that can be useful to Breakthrough participants upon their release, the Volunteer must meet with Breakthrough staff first to advise them of possible resource(s). Outside of the facility, Breakthrough staff will also serve as intermediaries between participants and volunteers to facilitate collaboration.
12. Termination of Relationship: Volunteer acknowledges further that nothing in this Release shall obligate the Released Parties to continue to retain the Volunteer as a volunteer, and that the Released Parties have and will continue to have the absolute and unconditional right to terminate the Volunteer’s services for any reason or no reason, with or without cause or prior notice. In addition, Volunteer can terminate its relationship with Breakthrough at any time upon written notice to Breakthrough.