FUF Volunteer Agreement and Waiver of Liability
I understand that I am volunteering for Friends of the Urban Forest (hereinafter FUF) tree planting, tree care or sidewalk landscape programs. I am over the age of 18 or (if under 18) have permission from my legal guardian to participate in the FUF volunteer program. I understand that these activities can be physically demanding and that I am in good health and able to perform these activities. I will not undertake any part of any activity that I cannot physically perform.
I agree to use all safety equipment provided. I agree to follow all existing driving and parking laws and ordinances when either operating my personal vehicle or any FUF vehicle used during these activities. I agree to follow the directions of the FUF manager and/or their delegated assistants.
I hereby give permission for images of myself and/or, as parent or legal guardian, a minor child captured during regular and special Friends of the Urban Forest (FUF) activities through video, photo and digital camera, to be used solely for the purposes of FUF promotional material and publications, and waive any rights of compensation or ownership thereto.
I am aware of the ongoing Covid-19 pandemic and any related governmental orders, directives and guidelines. I agree to abide by those orders, directives and guidelines. I understand FUF will not be liable for injuries or actions that result from a violation of these policies. I understand that FUF retains the right to refuse participation by volunteers who violate these policies.
I understand that I am volunteering amidst the Covid-19 pandemic and that I am willingly working in the public right of way at my own risk. I am voluntarily participating in these activities with knowledge of the danger involved and agree to assume any and all risks of bodily injury, death or property damage, whether those risks are known or unknown.
In light of the ongoing spread of Covid-19, individuals who fall within any of the categories below should not engage in FUF events or activities:
- An individual who currently or within the past ten (10) days experienced any symptoms associated with Covid-19
-An individual who tested positive for Covid-19 within the last 10 days
- An individual who believes they may have been exposed to a confirmed or suspected case of Covid-19 or who has been diagnosed with Covid-19.
RELEASE AND WAIVER OF CLAIMS
As consideration for being permitted to participate in activities that are part of or associated with FUF’s volunteer program, I forever release Friends of the Urban Forest, along with their respective directors, officers, employees, volunteers, agents, contractors, and representatives (collectively “Releasees”) from any and all liabilities, causes of action, lawsuits, claims, demands, or damages of any kind whatsoever that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives now have, or may have in the future, for injury, death, or property damage, related to (i) my participation in these activities, (ii) the negligence or other acts of any Releasee, whether directly connected to these activities or not, and however caused, or (iii) the condition of the premises where these activities occur, whether or not I am then participating in the activities, to the fullest extent permitted by law. I also agree that I, my assignees, heirs, distributees, guardians, next of kin, spouse and legal representatives will not make a claim against, sue, or attach the property of any Releasee in connection with any of the matters covered by the foregoing release.
I expressly and knowingly waive all rights under the California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
From time to time, I may sign other agreements concerning certain activities or events in connection with FUF including without limitation waivers or releases, which are intended to supplement this waiver agreement and I may have signed a release prior to this waiver agreement with FUF concerning certain activities or events. This waiver agreement constitutes the sole and entire agreement of the parties to this waiver agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to its subject matter. No subsequent waiver agreement that I sign in any way concerning FUF shall amend, modify or revoke this waiver agreement, including its waiver and release, unless it specifically references that section to be amended, modified or revoked.
I further expressly agree that the forgoing Release, Waiver and Indemnity clauses are intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
LEGALLY ENFORCEABLE AGREEMENT
I recognize that this waiver agreement, including the waiver and release provisions, is intended to be an enforceable legal document and that I have had the opportunity to consult with an attorney to answer any questions I may have about this document. I have had sufficient time and opportunity to carefully read and fully understand the provisions of this entire waiver agreement and having had a sufficient opportunity to consider its terms have chosen to voluntarily enter into this waiver agreement. This waiver agreement is binding on and shall inure to the benefit of Adult, Child, and FUF Parties and their respective successors, assigns and legal representatives. All matters arising out of or relating to this waiver agreement shall be governed by and construed in accordance with the internal laws of the State of California.