1. PARTIES. I understand that this Volunteer Liability Statement (the “Waiver”) is binding on, and inures to the benefit of, the following parties: Change for Kids, including its affiliates, successors, agents, employees, directors, officers, staff and representatives, on the one hand (collectively, “CFK”), and myself, which includes my estate, executors, administrators, heirs, guardians, representatives, agents, family members and assigns on the other hand.
2. VOLUNTEER. I understand that I am not an employee, agent, or contractor of CFK and will not receive wages, benefits, insurance coverage, disability benefits coverage or any other financial remuneration from CFK; nor will I be entitled to unemployment compensation benefits when my services end.
3. RELEASE FROM LIABILITY. I hereby expressly and irrevocably release and discharge CFK from any and all liability, claims, demands and/or causes of action that I may have for injuries or damages arising out of or in any way relating to my participation as a CFK volunteer, even if caused by negligence or other fault of CFK, including but not limited to alleged negligent training, entrustment, supervision, protection or inadequate support.
4. COVENANT NOT TO SUE. I agree that I will not sue or make claims against CFK for damages or other losses sustained as a result of or in any way relating to my participation as a CFK volunteer, even if caused by negligence or other fault of CFK.
5. INDEMNIFICATION AND HOLD HARMLESS. I agree to indemnify CFK and hold CFK harmless from any and all claims, liabilities, causes of action, judgments and costs brought against or incurred by CFK, including but not limited to attorneys fees, arising out of or in any way relating to my participation as a CFK volunteer, and agree to reimburse CFK for any expenses whatsoever, incurred in connection with any legal claim, demand, action and/or lawsuit brought as a result of my participation as a CFK volunteer to the extent such legal claim, demand, action and/or lawsuit is reasonably foreseeable during the time of my participation.
6. MEDIA RELEASE. I hereby grant to CFK my consent and full right to: use my name, photograph, likeness, image, voice, and biography in any and all media, publications, advertising and promotional materials, at the sole discretion of CFK.
7. PUBLIC STATEMENTS. I agree not to make any public statements or distribute any material (including fundraising literature) on behalf of or relating to CFK, without CFK’s express consent.
8. ACKNOWLEDGMENT. I hereby acknowledge that CFK is an organization involved in serving young people under the age of 18. I hereby confirm, represent and warrant that I have never been convicted of a violent crime, child abuse or neglect, child pornography, child abduction, kidnapping, rape or sexual offense, nor have I ever been ordered by a court to receive psychiatric or psychological treatment in connection therewith.
9. DURATION OF WAIVER. It is my understanding and intention that this Waiver be effective not only during my training for and initial participation as a CFK volunteer, but for any and all of my subsequent trainings, participation or other activities associated with CFK.
10. ENFORCEABILITY. I agree that if any portion or portions of this Waiver is/are found to be invalid, unenforceable and/or against public policy, the balance of the provisions of this Waiver will nonetheless remain valid, binding and enforceable. I also specifically waive any unenforceability or any public policy argument that I may make or that may be made on my behalf by my estate or by anyone who could sue because of my injury or death.
11. CHOICE OF FORUM AND LAW. This Waiver shall be governed by, and construed in accordance with, the laws of New York State. If a dispute arises between me and CFK, jurisdiction and venue shall exclusively lie in New York County, New York or at the United States District Court for the Southern District of New York.
12. INFORMATION GATHERED. Personal information gathered on this survey will be used for CFK internal purposes only and not shared with others.