VOLUNTEER RELEASE AND WAIVER OF LIABILITY
THIS RELEASE AND WAIVER OF LIABILITY (the “Release”) is executed by the undersigned Volunteer or Parent/Legal Guardian of Volunteer, if Volunteer is under the age of 18, (“Volunteer” or “I”) in favor of SPECIAL SPACES, INC., a Tennessee non-profit corporation, its successors and assigns (“Special Spaces”). Volunteer desires to provide volunteer services including, but not limited to, construction related improvements, renovations, repairs, removals, demolition, cleaning, painting, installations and any other related activities for Special Spaces (“Volunteer Activities”). In consideration of Volunteer being allowed to participate in such Volunteer Activities, Volunteer, with full knowledge of his or her rights, freely, voluntarily and without duress executes this Release and agrees to the following terms:
1. ASSUMPTION OF RISK. Volunteer understands and acknowledges that participating in the Volunteer Activities may be dangerous and expose Volunteer to a variety of foreseen and unforeseen hazards and risks, and that Volunteer may suffer bodily injury, personal injury, illness or death, including such that may be sustained by me related to COVID-19 whether caused by the negligence of the Special Spaces Parties, any third-party, or otherwise, while participating in any Volunteer Activities. Special Spaces makes no representation as to the likelihood of such hazards or risks. Volunteer hereby expressly and specifically assumes all risk of injury or harm attributable to Volunteer’s participation in the Volunteer Activities, whether resulting from the actions or inaction on the part of Volunteer, Special Spaces, other participants in the Volunteer Activities, or any other affiliated or related party including, but not limited to, Special Spaces’ present and former directors, officers, employees, representatives, volunteers, agents, subcontractors, affiliates, successors, assigns and all persons acting by, through, under or on its behalf (collectively “Special Spaces Parties”).
2. WAIVER; RELEASE; INDEMNIFICATION. Volunteer hereby releases, waives, holds harmless and forever discharges Special Spaces Parties from any and all liability, claims, demands, causes of action or obligations of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from any actions or inactions of Special Spaces Parties, other volunteers, or any other persons in connection with the Volunteer Activities and/or on account of any first aid, treatment or service rendered in connection with Volunteer’s participation in the Volunteer Activities and Volunteer agrees never to commence, prosecute, assist in any way, or cause to be commenced or prosecuted any action at law, suit in equity, or any other proceeding that Volunteer has, had or claims to have against the Special Spaces Parties in connection with or relating directly or indirectly to Volunteer’s participation in the Volunteer Activities.
VOLUNTEER UNDERSTANDS THE CONSEQUENCES OF THIS WAIVER AND IT IS THE INTENTION OF VOLUNTEER BY THIS RELEASE AND WAIVER TO EXEMPT AND RELIEVE THE SPECIAL SPACES PARTIES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, ILLNESS, WRONGFUL DEATH OR OTHER LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM VOLUNTEER’S PARTICIPATION IN THE VOLUNTEER ACTIVITIES.
To the fullest extent permitted by law, the undersigned hereby agrees to defend, indemnify and hold the Special Spaces Parties harmless from and against any and all liabilities described in the paragraphs above, and any and all other liabilities, claims, damages, losses for property damage, bodily injury, personal injury, illness, and death (including any loss, damage or injury, including death, that may be sustained by me related to COVID-19), and expenses (including but not limited to attorneys’ fees) arising from or related to the Volunteer Activities. The indemnification and hold harmless agreement herein is intended to cover, but not be limited to, any claims asserted by the Volunteer, or his/her personal representatives, heirs, assignees, or beneficiaries.
3. INSURANCE. Volunteer understands Special Spaces Parties do not assume any responsibility for or obligation to provide financial assistance, including without limitation medical, health, disability or liability insurance. Volunteer understands that Special Spaces Parties do not carry or maintain any health, medical, disability or liability insurance coverage for any volunteer.
4. WAIVER OF WORKER’S COMPENSATION CLAIMS. Volunteer intends to participate as a volunteer in the Volunteer Activities and will receive no compensation or remuneration for services and Volunteer acknowledges that he or she is not an employee. Volunteer understands that worker’s compensation insurance is not available to volunteers and that Special Spaces Parties do not provide worker’s compensation insurance for volunteers.
5. PUBLICITY RELEASE. VOLUNTEER HEREBY GRANTS SPECIAL SPACES PARTIES THE NON-EXCLUSIVE, ROYALTY-FREE AND UNRESTRICTED RIGHT TO USE VOLUNTEER’S NAME AND ANY AND ALL PHOTOGRAPHS, IMAGES, VIDEO, OR AUDIO RECORDINGS OF VOLUNTEER’S, INCLUDING LIKENESS OR VOICE, IN CONNECTION WITH THE PUBLICITY AND PROMOTION OF THE VOLUNTEER ACTIVITIES, OTHER USES RELATED TO THE WORK AND PURPOSES OF SPECIAL SPACES, AND FOR ANY OTHER LEGAL PURPOSE.
6. CONFIDENTIALITY. To respect the privacy and confidentiality of the families and beneficiaries and of the Volunteer Activities, Volunteer hereby acknowledges and agrees to abstain from discussing or communicating, both verbal and non-verbal, including but not limited to posting or publishing written/typed communication or photographs (digital or non-digital) or videos of Volunteer’s experiences, whether positive or negative, as such may relate to the Volunteer Activities with Special Spaces. By way of example and not limitation, Volunteer agrees not to post, publish, or discuss Volunteer’s experience on Facebook, Instagram, Twitter, Snapchat, or any other social media website.
7. MISCELLANEOUS. This Release shall be governed, construed and enforced in accordance with the laws of the State of Tennessee. Volunteer further agrees that the jurisdiction and venue for any dispute or controversy arising out of or relating to this Release shall in all respects shall be resolved by the state courts situated in Knox County, Tennessee.
Further, I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee. If any provision is determined by a court to be too broad, the provision shall be reduced or limited but shall remain valid to the maximum extent permitted by law.
Inapplicability or unenforceability for any reason of any provision of this Release shall neither limit nor impair the operation or validity of any other provision of this Release. If any provision is to be modified, the provision shall be modified solely to the extent required by applicable law.
All sections and descriptive headings of paragraphs in this Release are inserted for convenience only, and shall not affect the construction or interpretation hereof.
As used herein, the singular shall include the plural, the plural shall include the singular and the use of any gender shall be applicable to all genders.
I understand and confirm that by signing this Release I have given up considerable legal rights. I have signed this Release freely and voluntarily, and under no duress of any kind. I have carefully read the foregoing and know and understand its contents and I have signed the same as my own free act. My signature is proof of my intention to execute a complete and unconditional Release of any and all liability to the full extent of the law. I am 18 year of age or older and mentally competent to execute this Release.
If Volunteer is Under the Age of 18
I am the parent or legal guardian of Volunteer and have the legal authority to sign on behalf of Volunteer. I am 18 years of age or older and mentally competent to execute this Release. I have read this form and understand that by signing this form, I am giving up legal rights and remedies.
