This is a Release and Waiver of Liability (the “Release”) executed on this date, {date}, by {name} (the “Employee”), in favor of Kirk's Lawn Care, their officers, directors, employees, affiliates, agents, representatives, successors and assigns (collectively known as “Employer”).
The Employee desires to work as an employee for Kirk's Lawn Care and engage in the activities related to being an employee (the “Activities”). The Employee understands that the Activities may include operation of heavy equipment, lifting heavy objects, walking long distances and working in harsh weather conditions for an extended period of time. In consideration of the permission granted to participate in the Activities, the Employee hereby freely and without duress execute this Release under the terms below:
1. Release and Waiver
The Employee hereby AGREE TO WAIVE, RELEASE, FOREVER DISCHARGE and HOLD HARMLESS Kirk's Lawn Care and any of its officers, directors, employees, affiliates, agents, homeowners, representatives, successors and assigns from any and all liability, actions, causes of action, demands, damages (any illness, death, bodily injury, personal injury or property damage) and claims of every kind or nature, either in law or in equity, which arise or may hereafter arise from the Employee’s Activities. The Employee further, RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS Kirk's Lawn Care and any of its officers, directors, employees, affiliates, agents, representatives, successors and assigns from any and all liability arising from Kirk's Lawn Care and any of its officers, directors, employees, affiliates, agents, homeowners or representative’s OWN NEGLIGENCE OR CARELESSNESS.
2. Medical Treatment
The Employee understand that Kirk's Lawn Care does not assume any responsibility or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of any illness, bodily injury or personal injury sustained by the Employee. The Employee hereby RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS Kirk's Lawn Care from any and all claims, costs, expenses, damages whatsoever which arise or may hereafter arise on account of any first aid, physical or mental health treatment, or medical service rendered as a result of the Employee’s Activities with Kirk's Lawn Care.
3. Assumption of Risk
The Employee acknowledge that the Activities may include work that is inherently dangerous. The Employee further understand that the Activities might involve physical activity, contact with unidentified and/or unfamiliar persons, unanticipated hazards, unexpected dangers and other potential risks of bodily injury or damage to property. The Employee represent that the Employee has no physical or mental conditions which to their knowledge, would endanger the Employee and any other person or would interfere with the Employee’s ability to participate in the Activities. The Employee fully realize the dangers of participating in the Activities and agree that the Employee is solely responsible for his/her safety and health conditions (and any limitations imposed thereby). The Employee hereby expressly and specifically assume any and all risks of injury, illness or harm caused or sustained during the Employee’s participation of the Activities.
4. Insurance
Unless otherwise stated in writing by Kirk's Lawn Care, the Employee understand that Kirk's Lawn Care does not carry or maintain health, medical, or disability insurance coverage for its Employees. Each Employee is expected and encouraged to obtain his or her own medical or health insurance coverage.
5. Other
The Employee expressly agree that this Release is intended to be as broad and inclusive as permitted by the
laws of Pennsylvania, and that this Release shall be governed by and interpreted in accordance with the laws of Pennsylvania. 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. Employee understands that he/she will not be compensated in any way for the time/work which Employee freely volunteers to Kirk's Lawn Care.
By signing below, the Employee has read, understood, and executed this Release as of the date first above written. All information must be completed prior to working.