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Waiver - The Understory Initiative and Vesper Meadow Education Program

READ CAREFULLY BEFORE SIGNING. THIS FULL RELEASE IS AN ENFORCEABLE CONTRACT BETWEEN YOU AND THE UNDERSTORY INITIATIVE (“ORGANIZATION”), AN OREGON NONPROFIT CORPORATION WITH 501(c)(3) STATUS. IT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. THIS FULL RELEASE COVERS ALL ACTIVITIES YOU PARTICIPATE IN FROM THE DATE YOU SIGN BELOW.

In consideration of being allowed to learn from and participate in any of the activities or programs (collectively “Activities”) sponsored by The Understory Initiative, (including but not limited to Vesper Meadow Education Program, Rogue Native Plant Partnership, Umpqua Native Plant Partnership, Rare Plant Monitoring Network of Southwest Oregon and Adopt a Rare Plant) you acknowledge and agree as follows: 

I. The Understory Initiative’s volunteer programs take place on both public and private lands. The undersigned acknowledges that access to private properties is only allowed with permission of the Landowner, and is granted for specific events through The Understory Initiative. Permission to access private property outside of The Understory Initiative events is not granted unless other arrangements are made with the Landowner. On public lands, some activities (eg. seed collection, ground disturbance) or forms of access (eg. entering through closed gates) may take place that are only allowable during The Understory Initiative events. During other times, volunteers must follow all posted signs and restrictions for activities on public lands.  

II. Access to the Vesper Meadow Restoration Preserve, the real property at 16534 Dead Indian Memorial Road, is limited to those individuals participating in volunteer days, educational workshops, and other events associated with the Vesper Meadow Education Program, with proof of authorized access by Program Director Jeanine Moy (owner of Vesper Meadow Restoration and Educational Services) or property owner Cory Ross (Carol M. Ross Trust). 

III. POTENTIAL RISKS. The undersigned acknowledges that injuries are an inherent risk of outdoor activity and that no precautions have been taken to protect persons from same. It is not possible to compile a complete listing of the risks. However, they include the possibility that you may suffer serious, even fatal, injury or illness, although the nature of these activities makes such injury or death unlikely. By signing this form, you acknowledge that you understand that there could be dangers involved in the Activities you will be participating in, including, but not limited to:   

  • Minor injuries such as scratches, bruises, and sprains; 
  • Major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions;
  • Major injuries to fingers, other extremities, by use of mechanized equipment;
  • Insect bites, parasites, and other diseases;
  • Catastrophic injuries including paralysis and death;
  • Contracting COVID-19 and/or other dangerous viruses.

IV. ASSUMPTION OF ALL RISKS. By signing this release form or being on the property, the undersigned hereby acknowledge that you voluntarily, knowingly, and freely assume, and take full responsibility for all risks, known and unknown, related to your participation in Activities, and you further acknowledge that you are entirely responsible for deciding whether to participate in any Activities with The Understory Initiative and for deciding in which Activities you can safely participate.  

V. YOU RELEASE ALL CLAIMS AGAINST The Understory Initiative AND THE PERSONS LISTED IN PARAGRAPH VI. You hereby agree for yourself and for your heirs, relatives, representatives, estate, agents, and assigns, that you will not hold liable The Understory Initiative, or any of the persons listed in Paragraph VI below, and that you will waive and release any claims, demands, or actions against them, for any damages to, or loss of, your property, or for your injury or death, which results from or arises in connection with any of the Activities of The Understory Initiative including as a result of negligence by The Understory Initiative or any of the persons listed in Paragraph VI other than that which results from gross negligence, wanton or willful misconduct, or reckless or intentional conduct. You understand that this waiver includes a waiver of liability for acts of negligence.  

In addition, persons listed in Paragraph VI shall not be liable for any injury or loss that occurs while traveling to or from The Understory Initiative Activities, or from place to place during The Understory Initiative Activities, whether by The Understory Initiative’s vehicle, your vehicle, or another participant’s vehicle, including as a result of negligence by The Understory Initiative or any of the persons listed in Paragraph VI other than that which results from gross negligence, wanton or willful misconduct, or reckless or intentional conduct.

VI. THE FOLLOWING ORGANIZATIONS AND PERSONS ARE COVERED BY THIS FULL RELEASE. The persons and organizations covered by this Full Release include: Vesper Meadow Restoration and Educational Services, Cory Ross/ Carol M. Ross Trust, The Understory Initiative and its directors, officers, members, staff, employees, volunteers, agents and representatives, and any others who participate in the Activities of The Understory Initiative, or who volunteer for, or perform work for The Understory Initiative.

VII. DAMAGE TO ACTIVITY SITE. It is further expressly understood that the undersigned and all members of the undersigned’s party shall strictly comply with all rules and regulations in force at Vesper Meadow Education Preserve or other privately owned site. If the undersigned and/or anyone in the undersigned’s party shall cause damage of any kind to the subject property, he/she/they shall be fully responsible for the cost of correcting same or compensating the owner as provided by law. 

VIII. INDEMNIFICATION. You agree to indemnify The Understory Initiative and the persons listed in Paragraph VI for any claims made against them, on your behalf or otherwise, as a result of any damage to, or loss of, your property or as a result of your injury or death resulting from or arising in connection with the Activities of The Understory Initiative including as a result of negligence by The Understory Initiative or any of the persons listed in Paragraph VI other than that which occurs as a result of gross negligence, wanton or willful misconduct, or reckless or intentional conduct.  

IX. SUFFICIENT REVIEW. By signing this Release, you attest that you have had sufficient time to read this entire document and consult with legal counsel prior to signing, should you choose to. You understand that this activity may not be made available to you if you choose not to sign this Release.

X. SEVERABILITY. If any provision of this Full Release, or the application of a provision to any person or circumstance, is held invalid, the remainder of this Full Release, or the application of that provision to other persons or circumstances, must not be affected thereby.

XI. GOVERNING LAW. This Full Release shall be interpreted according to the laws of the State of Oregon, and the parties’ consent to the personal jurisdiction of the Jackson County Circuit Court in the State of Oregon, and appropriate regional jurisdictions.Nothing in this article shall preclude the parties from attempting to resolve conflicts through mediation or arbitration.

XII. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF ANY PARTICIPANT WHO IS YOUNGER THAN 18 (“CHILD”), YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a Child, YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS on behalf of your Child and your Child’s heirs, assigns, personal representatives, and next of kin in the same way and to the same extent as you do for yourself in this Full Release. Further, wherever the terms “I,” “me,” “my,” “myself,” “you,” or “your,” are used in this Full Release, those terms shall be interpreted to cover the Child participant for whom you are signing.

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
Photo Release
I hereby grant permission to The Understory Initiative and Vesper Meadow Education Program to use my photograph and/or video footage for use in news releases, online, and in other communications related to the mission of The Understory Initiative/Vesper Meadow.*
Yes
No
Safety & Emergency Contact

Please list any food allergies, bee/wasp allergies, medication allergies, or other medical issues that we should know about in the event of an emergency.

Emergency Contact (name and relationship) *

Emergency Contact (phone number) *
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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