In consideration for being allowed to participate in volunteer work (the “Activity) with City Net (hereinafter the “Entity”), the Undersigned hereby agrees to this express waiver of liability against Entity, and enters into this release and Indemnity Agreement with Entity set forth below. The Undersigned, for themselves and their personal representatives, assigns, heirs, and next of kin, and each and every one of them, states and agrees as follows:
I am fully aware of the risks and hazard inherent in engaging or participating in the Activity, including, but not limited to, the possibility of physical or emotional stress and/or injury, sickness, paralysis or death (collectively “Injuries”), and voluntarily assume the risks of all or any such Injuries that may be sustained in engaging or participating in the Activity.
I hereby voluntarily release, discharge, waive, and relinquish any and all claims, actions, or causes of action for personal injury, property damage, or death I may have against Entity, its directors, officers, members, affiliated entities, subsidiaries, agents, attorneys, employees, representatives, successors, heirs, licensees, assigns and all persons acting in concert and participating with Entity (collectively referred to as “Released Party”) occurring or arising as a result of the Undersigned’s participation in the Activity, and any instruction or supervision related to said Activity, save and except only those claims based on Entity’s fraud, violations of law, gross negligence or willful injury to persons and property.
I hereby covenant that this Agreement shall apply to all unknown and anticipated claims, injuries, causes of action and damages, as well as any known claims, and I waive the provisions of Section 1542 of the California Civil Code which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
I hereby agree to and shall indemnify, defend, save and hold harmless the Released Party from any loss, liability, damage, cost of attorneys’ fees that a Released Party actually incurs resulting from or arising out of the Undersigned’s participation in the Activity.
I hereby agree that if any part of this Agreement is held by the Court or arbitration panel of competent jurisdiction to be invalid, void or unenforceable, such decision shall not affect the validity of any remaining provision of this Agreement, which remaining provisions shall remain in full force and effect as if this Agreement had been executed without the invalid provision Included.
I hereby agree that any dispute or claim hereunder shall be resolved exclusively by arbitration under the then prevailing Commercial Rules of the American Arbitration Association. The undersigned waives any and all rights to a jury trial in connection with any dispute or matter arising under this Agreement.
I hereby warrant that the foregoing representatives and agreements are true and correct, and that I understand and acknowledge that the Entity has relied upon my representations and agreements in entering into this Agreement and agreeing to my participation in the Activity. No representations, statements, or inducements of any kind, oral or in writing have been made by or between the parties to this Agreement with respect to the subject matter of this Agreement, apart from the matters set forth within this Agreement.
I have agreed to serve as a volunteer for the North Orange County Homeless Census (here forth known as the Census). I understand that, as a volunteer for the Census, it will be necessary for me to handle and process confidential information. I agree that I will keep all information confidential while a volunteer and that it is my responsibility to keep this information confidential even after I end my volunteer duties for the Census. I understand that I am not to disclose any identifying confidential information and/or records or to engage in casual or informal conversation identifying any individual involved in the count.
I understand that this release discharges the Collaborative, all of its member organizations, their boards/trustees, employees, volunteers, census organizers, and any other participants in the Census, from any liability or claim that I may have against it with respect to any bodily injury, personal injury, illness, death, or property damage that may result from my volunteer activities, whether caused by the negligence of the Collaborative, its member organizations' officers, directors, employees, agents, or otherwise.
I understand that the Collaborative does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
I release and forever discharge the Collaborative from any claim which may arise or here after arise on account of any first aid, treatment, or service rendered in connection to my volunteering on the Census.
I voluntarily assume these and any other risks in participating in the Census and waive all claims and causes of action that may arise out of participation in the count.
I have read and fully comprehend the information in this form and agree to the terms of this release. By signing below I acknowledge that it is my responsibility to comply with all relevant laws, policies, and regulations concerning access, use, maintenance and disclosure of information made available to me as a volunteer in the Census. I understand that I volunteer freely, voluntarily, and without duress as I execute this Release.
I have read the above and understand my responsibilities.
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