RELEASE AND WAIVER OF RIGHTS AGREEMENT
I desire to volunteer for the Coalition to Restore Coastal Louisiana (CRCL) and engage in volunteer outdoor field activities (Activities). I understand that as a volunteer, I am not an employee and will not receive compensation for my services.
In exchange for being allowed to participate in the Activities as a volunteer, I hereby freely and voluntarily execute this Release and Waiver of Rights (Release) and agree to the following terms:
Assumption of Risk. I understand that I am engaging in the Activities at my own risk. I assume all known and unknown risk and responsibility for any injury, harm, or loss which I may sustain in connection with my participation in the Activities. I hereby represent and agree that:
(1) I understand there are a variety of foreseen and unforeseen dangers, safety hazards and risks inherent in outdoor field activities, which include but are not limited to loss of life, personal injury, and loss or damage to personal belongings due to wind; waves; weather events and conditions; sudden and unexpected immersion in deep waters; collision with other watercraft or stationary objects such as docks, pilings, and buoys; interaction with wildlife, including venomous snakes and alligators; insect-induced injuries, diseases, or allergic reactions; infection or contagion; accidents from use or operation of tools and equipment by myself or others; lifting or moving heavy objects; challenging and unmaintained environments; and limited access to emergency services.
(2) I understand these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel by boat or otherwise to and from the Activities, or from conditions at the location of the Activities.
(3) For Activities requiring travel by boat, I understand and acknowledge that I must be able to hold on, balance, keep my hands and feet inside the boat, and adeptly get on and off the boat and that I must not aid in the navigation of the boat. I further understand that the absence of a dock or access point at the site of the Activities will require the ability to undertake a significant downward hop and/or upward jump or step.
(4) I have been informed of the prerequisite skill level required for the Activities.
(5) I am physically able to participate in the Activities and possess the skill and competence to participate safely. I understand and agree that I alone am responsible to determine whether I am physically and mentally fit to participate in the Activities and that I am not relying on any advice from CRCL in this regard.
I hereby absolve and hold harmless the Released Parties from any damage I may sustain because of any breach of these representations.
Release and Waiver. I hereby fully release and discharge CRCL, persons partnering with CRCL in connection with the Activities, persons donating to CRCL with respect to the Activities, and the officers, members, directors, agents, employees, representatives, interns, volunteers, sponsors, and contractors of CRCL and such persons (collectively, the “Released Parties”) from, and expressly waive, any and all liability, claims, and demands of any kind or nature, whether known or unknown, in any way arising out of or related to the Activities, to the maximum extent permitted by law. I agree not to make or bring any such claim or demand against the Released Parties. I UNDERSTAND THAT THIS RELEASE DISCHARGES CRCL AND OTHER RELEASED PARTIES FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THEM WITH RESPECT TO ANY PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE OR LOSS THAT MAY ARISE FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF CRCL AND OTHER RELEASED PARTIES OR OTHERWISE.
Indemnification. I agree to indemnify, defend, and hold harmless CRCL and the Released Parties from any and all liability, losses, damages, judgments, or expenses, including attorneys’ fees, that they may incur or sustain and that in any way arise out of or relate to my participation in the Activities
Medical Treatment. I hereby give consent and authority to CRCL to perform first aid and/or to obtain medical treatment on my behalf if I am injured or require medical attention. I understand that immediate medical attention may not be possible for Activities taking place in remote locations. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge, and hold harmless CRCL and other Released Parties from any claim whatsoever relating to first aid, treatment, transportation or other services relating to my need for medical attention.
COVID-19. I understand that CRCL cannot be held liable for illnesses or death related in any way to COVID-19. I understand the contagious nature of the Coronavirus/COVID-19 and that the CDC and other public health authorities recommend practicing social distancing and mask wearing. I acknowledge that I must comply with all governmental and CRCL procedures to reduce the spread of COVID-19 while participating in the Activities.
Photographic Release. I understand and agree that during the Activities, I may be photographed and/or videotaped by CRCL and its partners for internal and/or promotional use. I hereby grant and convey to CRCL or its partner, as applicable, all right, title, and interest, including but not limited to, any royalties or other benefits, in any and all such photographs or recordings, and consent to use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.
Miscellaneous. I hereby agree that this Release represents the full understanding between CRCL and me and supersedes all other prior agreements and understandings between us, both written and oral, with respect to the subject matter of this Release. If any term or provision of this Release is held to be invalid by any court of competent jurisdiction, that term or provision shall be deemed modified so as to be valid and enforceable to the full extent permitted. The invalidity of any such term or provision shall not otherwise affect the validity or enforceability of the remaining terms and provisions. This Release is binding on and inures to the benefit of CRCL, the Released Parties, and me and our respective heirs, executors, administrators, successors, and assigns. Section headings are for convenience of reference only and do not affect any of the terms of this Release.
VOLUNTEERS UNDER 18: For volunteers under the age of 18, this Release must be filled out and signed by a parent or legal guardian. By signing, parents and legal guardians represent and agree as follows:
(1) I am the parent or legal guardian of the minor named in the volunteer registration form.
(2) I have the legal right to consent to and, by signing below, I hereby consent in all respects to the terms of this Release on my own behalf and on behalf of such minor.
(3) I certify that such minor is fully capable of participating in these Activities, is in good health, and has no conditions or limitations that would preclude his/her/their participation in the Activities.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INLCUDING THE RIGHT TO SUE CRCL.