VOLUNTEER AGREEMENT WITH RELEASE, WAIVER OF LIABILITY AND INDEMNIFICATION
IMPORTANT: BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE. READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO EACH OF THE TERMS AND CONDITIONS OF THE AGREEMENT.
This Agreement with Release, Waiver of Liability and Indemnification (herein the “Agreement”) is made by and between ______________________________________ (herein the “Volunteer”) and the City of Cedar Hill, Texas (the “City”) for the Virginia Weaver Park Playground Project (the “Project”).
1. In consideration of being granted a position as a volunteer worker at the Project for the City of, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged and confessed, Volunteer hereby agrees to abide and be bound by the terms of this Agreement and to comply with all of the rules and regulations established by the City. Volunteer understands that a failure to follow the rules and regulations of the City and/or the City’s contractors may result in the immediate termination and dismissal of Volunteer.
2. Volunteer acknowledges and understands that services provided to and on behalf of the City are strictly on a volunteer basis, without any monetary compensation. Volunteer understands that this Agreement is not a contract of employment, that Volunteer is not an employee of the City or its contractors, and that Volunteer is not eligible for or entitled to workers’ compensation benefits or any other employee benefits from the City or any of its contractors.
3. Volunteer understands and acknowledges that public relations is an important part of volunteer work at and for the City. Volunteer therefore agrees to allow the City to use any photographs taken of Volunteer in public relations efforts and publications of the City.
4. Volunteer understands and acknowledges that in working at the Project and in performing other volunteer tasks for the City there exists a risk of injury and physical harm, death and/or property damage caused by accidents and/or the use hand tools and/or power tools, including, but not limited to, cuts, punctures, head/brain injuries, eye injuries, scratches and other wounds and possible resulting infections, and other forms of personal injury. Volunteer hereby personally assumes all risks in connection with volunteer work at and around the Project and any other activities of the Volunteer for or in connection with the City.
5. VOLUNTEER HEREBY RELEASES, DISCHARGES, INDEMNIFIES AND AGREES TO HOLD HARMLESS THE CITY, T.F. HARPER & ASSOCIATES, LP, LEATHERS ASSOCIATES, AND THEIR PREDECESSORS, SUCCESSORS, ASSIGNS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES AND ALL OTHER PERSONS AND ENTITIES ACTING ON BEHALF OF OR IN CONNECTION WITH THE CITY IN CONNECTION WITH THE PROJECT, FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, LOSSES, DAMAGES OR DEMANDS OF ANY NATURE WHATSOEVER ON ACCOUNT OF ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF OR TO THE VOLUNTEER, HIS OR HER FAMILY, HEIRS AND/OR ASSIGNS, WHETHER CAUSED BY THE NEGLIGENCE OF THE CITY, T.F, HARPER & ASSOCIATES, LEATHERS ASSOCIATES, OR ANY ENTITY ACTING ON BEHALF OF OR IN CONNECTION WITH SUCH ENTITIES IN CONNECTION WITH THE PROJECT. VOLUNTEER FURTHER ASSUMES ALL RISKS AND ASSUMES FULL RESPONSIBILITY FOR ANY BODILY INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS TO VOLUNTEER OR HIS OR HER FAMILY, HEIRS AND/OR ASSIGNS, DUE TO THE NEGLIGENCE OF THE CITY, T.F, HARPER & ASSOCIATES, LEATHERS ASSOCIATES, OR ANY ENTITY ACTING ON BEHALF OF OR IN CONNECTION WITH SUCH ENTITIES IN CONNECTION WITH THE PROJECT.
6. Volunteer further represents and warrants that he/she is of lawful age and legally competent to sign this Volunteer Agreement with Release, Waiver and Indemnification and understands that the terms herein are contractual and not a mere recital. Volunteer further represents and warrants that he/she has read and voluntarily signs this Agreement and further acknowledges that no oral representations, statements or inducements apart from the foregoing written agreement have been made.
7. The parent or legal guardian who signs this Agreement on behalf of a minor, incapacitated person and/or mentally challenged person, hereby acknowledges that he or she has the legal capacity and authority to act on behalf of such minor, incapacitated person and/or mentally challenged person. Further, the parent or legal guardian that who signs this Agreement agrees to indemnify and hold harmless the City, T.F, Harper & Associates, Leathers Associates, or any entity acting on behalf of or in connection with such entities in connection with the Project , as well as their predecessors, successors, assigns, agents, servants, employees, representatives and all other persons and entities acting on behalf of or in connection with the City for any expenses incurred, claims made, or liabilities assessed against them, as a result of any insufficiency of legal capacity or authority to act on behalf of the minor, incapacitated person and/or mentally challenged person.
8. If any provision of this Agreement shall be held to be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
9. All volunteers shall be at least 10 years of age.
Parents or Legal Guardians are required to sign for Minors, Incapacitated Persons and/or Mentally Challenged Persons.