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Replant Love Volunteer Release & Waiver

Volunteer Release & Waiver of Liability 

VOLUNTEER WAIVER & RELEASE OF LIABILITY

PLEASE READ CAREFULLY! THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS.

This Waiver and Release of Liability (the “Release”) executed as of November 23, 2024 by the undersigned (the “Volunteer”) and in favor of the Malibu Foundation, a nonprofit corporation formed under the laws of the State of California and each of its affiliates, directors, officers, employees, volunteers, and agents (collectively the “Foundation”) and all associated entities for this event including Clarins, a for-profit corporation.

1.  The Volunteer intends to volunteer her or his time and services to the Foundation for REPLANT LOVE and take part in the outdoor replanting event (the “Participation”). The Volunteer understands that this event will be held entirely outside and come with the risk typically associated with outdoor events including weather, injury, and exposure. 

2. It is mutually and expressly understood that all Volunteer time and services shall be donated and that the Volunteer is not entitled to nor expects any present or future salary, wages, or other benefits for these voluntary services. The Volunteer agrees that he or she will not be considered to be an employee of the Foundation for any purposes, including but not limited to, workers’ compensation benefits.

3. The Volunteer understands that any and all exposure to Coronavirus by, through or as a result of Participation will be on the responsibility of the Volunteer and not Malibu Foundation or any of its collaborators on REPLANT LOVE.

4. The Volunteer understands that he or she will be responsible for any disinfecting and cleaning of her or his self and all personal items and planting tools before and after use to mitigate Coronavirus exposure. 

5. The Volunteer understands that Participation includes work that may be hazardous to the Volunteer, including but not limited to, walking on uneven ground, using basic gardening tools, and being outdoors for an extended period of time. 

I Agree
 

6.RELEASE AND WAIVER. 

The Volunteer does hereby release and forever discharge and hold harmless Malibu Foundation and its collaborators and 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 Participation with REPLANT LOVE. Volunteer understands that this Release discharges Malibu Foundation and its collaborators and successors from any liability or claim the Volunteer may have against Malibu Foundation, Replant Love, and any of its collaborators and successors with respect to any bodily injury, personal injury, illness, death, or property damage that may result from the Volunteer’s Participation with REPLANT LOVE, whether caused by the negligence of Malibu Foundation or its collaborators, successors, officers, directors, employees, or agents or otherwise. Volunteer also understands that Malibu Foundation and its collaborators and successors 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.  Volunteer does hereby release and forever discharge Malibu Foundation and its collaborators and successors 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 Participation with REPLANT LOVE.

7. The Volunteer hereby expressly and specifically assumes the risk of injury or harm in the Participation and releases Malibu Foundation and its collaborators and successors from all liability for injury, illness, death, or property damage resulting from Participation.

 8. The Volunteer understands that the Malibu Foundation and its collaborators and successors does not carry or maintain health, medical, workers 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.  

9. Volunteer does hereby grant Malibu Foundation and its collaborators and successors permission to use Volunteer’s likeness and voice in any photograph, video, audio or other digital media, without payment or other consideration and assigns to Malibu Foundation all right, title, and interest in any and all photographic images, video or audio recordings made by Malibu Foundation and its collaborators and successors during the Volunteer’s Participation with REPLANT LOVE, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs, recordings other digital media. 

I Agree

The Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of California and that this Release shall be governed by and interpreted in accordance with the laws of the State of California. 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.   With respect to this Release, all rights under California Civil Code Section 1542 (and any other law of similar effect), are hereby expressly waived by the parties, and each of them, notwithstanding any provision to the contrary.

Agreeing to be bound, the Volunteer hereby freely, voluntarily, without pressure, coercion or duress executes this Release on November 23, 2024:

I Agree

First Replant Love Participants Name

First Name*

Middle Name

Last Name*

Phone*
First Replant Love Participants Age Acknowledgment*
First Replant Love Participants Date of Birth*
I certify that I am 16 years of age or older
First Replant Love Participants Signature*
Second Replant Love Participants Name

First Name*

Middle Name

Last Name*
Second Replant Love Participants Date of Birth*
Third Replant Love Participants Name

First Name*

Middle Name

Last Name*
Third Replant Love Participants Date of Birth*
Fourth Replant Love Participants Name

First Name*

Middle Name

Last Name*
Fourth Replant Love Participants Date of Birth*
Fifth Replant Love Participants Name

First Name*

Middle Name

Last Name*
Fifth Replant Love Participants Date of Birth*
Sixth Replant Love Participants Name

First Name*

Middle Name

Last Name*
Sixth Replant Love Participants Date of Birth*
Seventh Replant Love Participants Name

First Name*

Middle Name

Last Name*
Seventh Replant Love Participants Date of Birth*
Eighth Replant Love Participants Name

First Name*

Middle Name

Last Name*
Eighth Replant Love Participants Date of Birth*
Ninth Replant Love Participants Name

First Name*

Middle Name

Last Name*
Ninth Replant Love Participants Date of Birth*
Tenth Replant Love Participants Name

First Name*

Middle Name

Last Name*
Tenth Replant Love Participants Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and updates from Malibu Foundation
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. 

While precautions will be taken, Malibu Foundation ("MF") cannot guarantee that you or your child(ren) will not become infected with COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending SIS and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Replant Love volunteers, MF volunteers, and other program participants and their families. 

I also understand that if myself or my child(ren) has been exposed to anybody who has currently been diagnosed with COVID-19, or anyone that thinks they may have, that I will not participate in the event.

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child may experience or incur in connection with my or my child(ren)'s attendance. On my behalf, and on behalf of my child(ren), I hereby release, covenant not to sue, discharge, and hold harmless MF, its volunteers, partners, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of MF its partners, its agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in the event.

I acknowledge that myself and my child(ren)'s participation is completely voluntary.


Full Name *
I agree that I understand the requests of this release and agree to the information provided.*
Yes
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 16 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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