Please read carefully! This is a legal document that affects your legal rights! You MUST have a signed waiver before volunteering!
1.) This Release and Waiver of Liability (the “Release”), in favor of Troy Main Street, Inc., a nonprofit corporation, their directors, officers, employees, and agents (collectively, “TMS”), and the City of Troy, a Ohio municipal corporation, their directors, officers, employees, and agents (collectively “the City”).
2.) The Volunteer desires to work as a volunteer for TMS and engage in the activities related to being a volunteer at the Donut Jam and Tour De Donut in Troy, Ohio (the “Activities”). The Volunteer understands that the Activities may include but are not limited to setting up for Donut Jam and Tour De Donut , cleaning up during and/or after Donut Jam and Tour De Donut , maintaining a clean space during Donut Jam and Tour De Donut , moving barricades, removing signs and/or barricades, providing security, assisting in crowd control, and/or other general physical activities.
3.) The Volunteer hereby freely, voluntarily, and without duress executes this Release under the following terms:
a. Release and Waiver – Volunteer does hereby release and forever discharge and hold harmless TMS and the City Of Troy and any of their successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Volunteer’s Activities related to the Donut Jam and Tour De Donut .
b. Volunteer understands that this Release discharges TMS and the City from any liability or claim that the Volunteer may have against TMS or the City with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Volunteer’s Activities with TMS whether caused by the negligence of TMS or the City or either of the parties’ officers, directors, employees, or agents or otherwise. Volunteer also understands that TMS and the City do 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.
c. Medical Treatment – Volunteer does hereby release and forever discharge TMS and the City from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with the Volunteer’s Activities with TMS.
d. Assumption of the Risk – The Volunteer understands that the Activities include work that may be hazardous to the Volunteer, including, but not limited to, physical lifting, carrying, and delivery of goods and materials, loading and unloading, and transportation throughout the Donut Jam and Tour De Donut .
e. Volunteer hereby expressly and specifically assumes the risk of injury or harm in the Activities and releases TMS and the City from all liability for injury, illness, death, or property damages resulting from the Activities.
f. Insurance – The Volunteer understands that, except as otherwise agreed to by TMS or the City in writing, neither does or will carry or maintain health, medical, worker’s compensation, or disability insurance coverage for any Volunteer. Each Volunteer is expected and encouraged to obtain his or her own medical or health insurance coverage.
g. Photographic Release – Volunteer does hereby grant and convey unto TMS, the City and any other organization, business, or person present at the Donut Jam and Tour De Donut all right, title, and interest in any and all photographic images and video or audio recordings made by TMS, the City or other organization, business, or person during the Volunteer’s Activities with TMS during the Donut Jam and Tour De Donut , including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
h. Other – Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Ohio, and that this Release shall be governed by and interpreted in accordance with the laws of the State of Ohio. Volunteer agrees that in the event that any clause or provision of this Release shall be held to be invalid by any Court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
I, the undersigned, agree to the terms above.
By signing below, the volunteer agrees to the waiver.