Volunteer Release
VOLUNTEER RELEASE AND WAIVER OF LIABILITY
This document is executed in favor of TREES ATLANTA, INC. (“Organization”), by the individual signing below or the parent/guardian of the volunteer hereafter referred to as “Volunteer”. In consideration for the willingness of Organization to accept Volunteer to engage in various activities with Organization on a voluntary, unpaid basis, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Volunteer does freely, voluntarily and without duress execute the following Release for and on behalf of Volunteer and Volunteer’s heirs, successors, beneficiaries and assigns:
1. Volunteer’s Participation. Volunteer will engage in activities for Organization which may include, but are not limited to, planting and caring for trees, hand-pulling, weeding and cutting invasive plants in densely wooded areas off trail, or other tasks as requested from time to time by Organization (“Activities”). Volunteer will perform Activities in a professional manner in compliance with Organization’s policies, which Volunteer has received orally and/or physically and read, and as may be changed from time to time by Organization. Volunteer also agrees to comply with directions given by Organization. Volunteer agrees to comply with Organization’s policy to ensure that the operations, activities, and affairs of Organization are kept confidential. Volunteer warrants that all information that Volunteer has provided to Organization regarding Volunteer’s background, experience and/or skills is true and accurate, and assumes responsibility for any and all claims, costs, damages, or liabilities that result from the provision of incomplete or inaccurate information. Volunteer also understands that Volunteer is not an employee or agent of Organization, and is not entitled to any compensation or benefits from Organization, including but not limited to workers’ compensation, medical, health or disability insurance coverage.
2. Release. Volunteer releases, forever discharges, indemnifies, and holds harmless Organization and its directors, officers, employees, volunteers, agents, successors and assigns (collectively the “Released Parties”) from any and all liability, claims, demands and causes of action of whatever kind or nature, either in law or in equity, arising out of or relating to Activities, including but not limited to (i) any claim for any bodily injury, personal injury, illness, death or property damage or (ii) any first aid or medical treatment rendered in connection with the Activities, that may arise out of, occur during or result from the Activities, regardless of whether caused in whole or in part by an act or omission of a Released Party.
3. Assumption of Risk. Volunteer understands that failure to adequately prepare for Activities may increase the risk of injury, and that it is Volunteer’s sole responsibility to wear appropriate clothing (long pants, sleeves and close-toed shoes), and bring necessary supplies including but not limited to gloves, drinking water, allergy medicine, sunscreen, bug spray and snacks. Volunteer understands that even if properly prepared, the Activities may involve inherently dangerous risks, including, but not limited to engaging in strenuous physical activity, digging, sawing, heavy lifting, pulling, kneeling, working outside in extreme heat, heat exhaustion, sunburn and dehydration, encountering wildlife and insects (including yellow jackets and mosquitos), exposure to poison ivy, driving in vehicles on and off public streets, working in close proximity to people on bicycles and scooters, and potential exposure to employees, participants, other volunteers, or other individuals, including members of the public, who may be infected with COVID-19 or other infectious diseases. Volunteer hereby expressly and specifically assumes the risk of damage, injury, harm, or death in connection with such Activities. Volunteer acknowledges and fully understands that Volunteer may be engaging in activities that involve risk of serious injury, including permanent disability, disfigurement or death, and severe social and economic losses might result not only from their own actions, inactions, or negligence, but the action, inaction or negligence of others, or the condition of the premises or equipment used.
4. Medical Treatment. Volunteer hereby authorizes the Released Parties to act on Volunteer’s behalf in providing first aid and securing medical treatment for Volunteer in the event of injury or illness to Volunteer. Volunteer understands and agrees that any expense will be Volunteer’s responsibility.
5. Media Release. Volunteer agrees to be photographed or recorded in other media, such as video or audio recordings, in connection with Activities or other activities or events of Organization. Volunteer grants and conveys to Organization all right, title and interest in any and all photographic images and video or audio recordings made by or for Organization during Volunteer’s participation in the Activities, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
6. Transportation Requirements and Release. Volunteer shall not drive any vehicle in furtherance of Activities unless Volunteer has a valid driver’s license and has completed Organization’s training for operating Organization’s vehicles. Volunteer releases, forever discharges, indemnifies and holds harmless the Organization from any and all liability, loss, costs or expenses sustained or incurred because (a) Volunteer was injured, died or sustained property loss or damage while being transported by Organization and/or its agents, or (b) because Volunteer was injured, died or sustained property loss or damage, or injured another person or damaged the property of another person while driving Organization’s vehicle as part of any Activities.
8. Miscellaneous. This Release supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between Volunteer and Organization, with respect to the subject matter hereof. Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the state of Georgia, and will be governed by and interpreted under the laws of Georgia without giving effect to its conflict of laws rules. Volunteer agrees that if any provision of this Release is held to be invalid by any court, the invalidity of that clause or provision will not affect the remaining provisions of this Release, which will continue to be enforceable. Volunteer agrees that the sole and exclusive jurisdiction and venue for litigation between Volunteer and Organization will be a state or federal court having jurisdiction over Fulton County, Georgia.
Effective 9/13/24
