In addition to the terms of participation applicable to specific City of Raleigh stormwater volunteer programs (Adopt-A-Stream, Foster-a-Stream, Stream Monitoring and Storm Drain Marking, each a “Volunteer Program” and collectively referred to herein as the “Volunteer Programs”) that are included in each of their respective on-line applications, the following terms of participation apply to each of the Volunteer Programs and must be agreed to by volunteers before they can participate in any of such programs.
1. COVID-19 is a highly contagious and novel viral agent. Its transmission vectors are imperfectly understood, and it may be possible to transmit or become infected by COVID-19 despite strict adherence to guidelines prescribed by the Centers for Disease Control (CDC) and other federal, state, and local health agencies. Participants in Volunteer Programs may be in a group setting where they may come into contact with other program participants (other volunteers, instructors, staff, and program administrators, etc.).
Volunteer Program activities may be conducted in the outdoors and/or a public community center setting. While City staff will make reasonable efforts to adhere to the above-referenced guidelines, participants in Volunteer Programs may be exposed to increased risk of transmission or infection of COVID-19 through various agencies, including, but not limited to, contact with or proximity to one or more of the following:
a. Other volunteers, program participants, instructors, staff members, or program
administrators;
b. The personal belongings of volunteers, program participants, instructors, staff
members, or program administrators;
c. Programming and activity materials including, but not limited to, recreational
equipment, maintenance equipment, maintenance machinery, etc.; and
d. City of Raleigh facility fixtures and furnishings, including doorknobs, chairs,
tables, plumbing apparatus, light switches, etc.
2. Each volunteer (each such participating volunteer is hereinafter referred to as a “Volunteer”) acknowledges and understands that his or her involvement, and/or the involvement of his or her children if under the age of eighteen (each such participating child, a “Minor Child,” or if more than one child is participating, “Minor Children”), in one or more of the Volunteer Programs is completely voluntary and with the knowledge that such participation involves the risk of injury, illness, death or property damage. These risks include, but are not limited to, inclement weather or excessive heat, falling debris, proximity to damaged trees or structures, accidents while traveling, injuries from the use of power tools and machinery, equipment problems or failures, proximity to vehicles or equipment (including those producing debris or dust), contact with and actions of other volunteers or participants, slips/trips/falls, musculoskeletal injuries, harm from contact with sharp objects or tools, contact with chemicals or irritants, exposure to wildlife (including snakes and biting insects), and exposure to and illness from infectious diseases, and any and all risks described in the preceding Section 1. Volunteer, for himself or herself and for his or her Minor Child(ren), agrees to accept and assume any and all risks of injury, illness, death or property damage, whether caused by the negligence of the City of Raleigh (“City”), any Releasee (as defined below) or otherwise.
3. Each Volunteer agrees that access to City programs, facilities, and service projects provides a benefit to himself or herself and their families and is adequate consideration for these Terms of Participation. In return for the opportunity to participate in one or more of the Volunteer Programs, Volunteer, for himself or herself and for his or her Minor Child(ren) and their heirs, successors, assigns, executors and administrators, expressly waives and releases any and all claims, now known or hereafter known in any jurisdiction, against the City, and its Council members, officers, employees, agents, contractors, subcontractors, successors and assigns (collectively, “Releasees”), on account of injury, illness, death or property damage arising out of or attributable to the Volunteer’s participation, or the participation of the Volunteer’s Minor Child(ren), in one or more of the Volunteer Programs, whether arising out of the negligence of the City or any Releasee or otherwise. Volunteer covenants not to make or bring, on behalf of himself or herself and his or her Minor Child(ren), any such claim(s) against the City or any other Releasee, and forever releases and discharges the City and all other Releasees from liability under such claims.
4. Volunteer, for himself or herself and for his or her Minor Child(ren), consents to the unrestricted use by the City of any and all photographs, videos or recordings taken, in whole or in part, during participation in a Volunteer Program for all purposes in any form or medium, including publicity, marketing, publications, broadcast, or other public viewing as well as including without limitation, its use through or on any electronic media, including the Internet and associated platforms. Volunteer, for himself or herself and for his or her Minor Child(ren), waives any right to inspect or approve the finished product(s) or the advertising or printed copy that may be used with the finished video/photograph/recording(s). Volunteer, for himself or herself and for his or her Minor Child(ren), relinquishes all rights, titles and interests that they may have in the finished video, photograph, recording(s), negative(s) and reproduction to any responsible business firm or publication. It is understood that the City retains copyright of images at all times under the express understanding and agreement that the City shall have exclusive rights to the images/videos/recordings. Volunteer, for himself or herself and for his or her Minor Child(ren), releases the City from any and all claims in connection with the video/photograph/recording(s).
5. These Terms of Participation as well as the additional terms of participation applicable to each of these Volunteer Programs as included in their respective on-line applications constitute the sole and entire agreement of the City and the Volunteer with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term of these Terms of Participation is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term of these Terms of Participation or invalidate or render unenforceable such term in any other jurisdiction. These Terms of Participation are binding on and shall inure to the benefit of the City and each Volunteer, the Volunteer’s Minor Child(ren), and their heirs, successors, assigns, executors and administrators. All matters arising out of these Terms of Participation shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under these Terms of Participation shall be brought only in the federal and state courts located in Wake County, North Carolina, and Volunteer, for himself or herself and for his or her Minor Child(ren) and their heirs, successors, assigns, executors and administrators, consents to the exclusive jurisdiction of such courts.
6. Volunteer, for himself or herself and for his or her Minor Child(ren), acknowledges and understands that the City of Raleigh provides no insurance or worker’s compensation coverage for the Volunteer and the Volunteer’s Minor. Volunteer acknowledges that he or she has read these Terms of Participation thoroughly and understands that by agreeing to these Terms of Participation, Volunteer is waiving legal rights.
7. Volunteer acknowledges and understands that if he or she does not agree, on behalf of himself or herself and for his or her Minor Child(ren), to these Terms of Participation, then Volunteer and his or her Minor Child(ren) will not be permitted to participate in any of the Volunteer Programs.