READ CAREFULLY BEFORE SIGNING. THIS FULL RELEASE IS AN ENFORCEABLE CONTRACT BETWEEN YOU AND THE FATHER’S GROUP, 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 VOLUNTEER WORK AND ACTIVITIES CONNECTED WITH THE FATHER’S GROUP (“ACTIVITIES”) IN WHICH YOU PARTICIPATE/VOLUNTEER FOLLOWING THE DATE YOU SIGN BELOW.
By signing this form, you acknowledge that you wish to contribute your services to The Father’s Group (“Organization”) and that you are freely volunteering to provide those services without compensation. In return for Organization allowing you to volunteer your services, which you agree is adequate consideration for this Full Assumption of Risk and Release of Liability Form (“Full Release”), you, the undersigned person, acknowledge and agree as follows:
I. POTENTIAL RISKS. Organization’s services include but are not limited to providing youth programs, educational and public activities, and other events. Volunteering in Organization’s Activities involves risks. It is not possible to compile a complete listing of the risks. However, by signing this form, you acknowledge your full understanding that your participation/volunteering in Activities involves a wide variety of risks, up to and including the possibility that you may suffer serious, even fatal, injury or illness, although the nature of these activities makes serious injury or death unlikely.
II. YOU ASSUME ALL RISKS. You fully understand and acknowledge that you voluntarily, knowingly, and freely assume and take full responsibility for all risks, known and unknown, related to your participation/volunteering in Activities, and you further acknowledge that you are entirely responsible for deciding whether to participate/volunteer in any Activities with Organization and for deciding in which Activities you can safely participate/volunteer. You also acknowledge that you are aware of your physical condition and capabilities and believe that you are physically capable of participating/volunteering in Activities. You further acknowledge that Activities may be conducted in facilities open to the public or members of the public and/or employees of other businesses or entities during Activities. You understand and warrant that if at any time you believe any condition to be unsafe or if you feel unable to complete a task or other assignment, you will immediately discontinue further participation/volunteering in that Activity and bring such condition to the attention of Organization’s management.
III. THE FOLLOWING ORGANIZATIONS AND PERSONS ARE COVERED BY THIS FULL RELEASE. The persons and organizations covered by this Full Release include: Organization and its directors, officers, members, staff, employees, volunteers, assigns, agents and representatives, and any others who participate/volunteer in the Activities of Organization, or who volunteer for, or perform work for, Organization.
IV. YOU RELEASE ALL CLAIMS AGAINST ORGANIZATION AND ITS AGENTS. You hereby agree for yourself and for your heirs, relatives, next of kin, representatives, estate, agents, and assigns, that you will not hold liable Organization or any of its Agents, and that you will waive and release any and all claims, actions, suits, demands, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees and expenses, and liabilities of every kind and character whatsoever against them (“Claims”) resulting from any of the following (“Losses”): Damages to, or loss of, your property; your injury or death; or any other losses, costs, and damages, including those that are not readily foreseeable, which result from or arise in connection with your participation in any of the Activities of Organization including as a result of the action or inaction of other participants in Activities or the negligence of Organization or any of its Agents, other than that which results from the gross negligence, wanton or willful misconduct, or reckless or intentional conduct of Organization or its Agents. You understand that this waiver includes a waiver of liability for acts of negligence. In addition, you agree to indemnify the Organization and its Agents for any Claims made against them, on your behalf or otherwise, as a result of any Losses. In addition, Organization and its Agents shall not be liable for any Losses that occur while traveling to or from Organization Activities, or from place to place during Organization Activities, whether by Organization’s vehicle, your vehicle, or another participant’s or volunteer’s vehicle, other than that which results from gross negligence, wanton or willful misconduct, or reckless or intentional conduct of Organization or its Agents. Nothing in this release imposes liability upon Organization or its Agents for any losses or damages caused solely by third parties, including other participants in Organization’s Activities.
V. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF ANY PARTICIPANT OR VOLUNTEER WHO IS YOUNGER THAN 18 (“CHILD”), ON WHOSE BEHALF YOU ARE SIGNING THIS FORM, YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a Child on whose behalf you are signing this form, you assume all risks and release all Claims on behalf of your Child and your Child’s heirs, relatives, next of kin, representatives, estate, agents, and assigns 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 both yourself, where applicable, and the Child participant for whom you are signing.
VI. IF YOU CAUSE DAMAGE TO ANY ACTIVITY SITE, YOU AGREE TO PAY FOR ITS REPAIR. If you cause damage to the Activity site (including damage to a building structure, equipment, or natural features such as trees and slopes), regardless of what entity or individual owns the Activity site, you agree that you will pay all costs and expenses associated with its repair or replacement (“Repair Costs”), including the costs of collection of the Repair Costs, which may include court costs and attorneys’ fees.
VII. SEVERABILITY, MODIFICATION, AND WAIVER. 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. You agree that this Full Release may only be modified in writing, signed by both of the parties, and a waiver of any provision shall not be construed as a modification of any other provision herein or as a consent to any subsequent waiver or modification.
VIII. 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 Deschutes County Circuit Court in the State of Oregon. Nothing in this article shall preclude the parties from attempting to resolve conflicts through mediation or arbitration.
THIS FULL RELEASE IS INTENDED TO PROTECT THE PARTIES IN PARAGRAPH III FROM LIABILITY FOR INJURIES TO YOU, YOUR CHILDREN, AND YOUR PROPERTY TO THE MAXIMUM EXTENT ALLOWED BY OREGON LAW.
The undersigned has/have read this Full Release and understand its terms. This Full Release is executed freely and voluntarily, with full understanding that the undersigned is/are giving up substantial legal rights.