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Liability Release for 2023 Trail Mix Volunteers

 


In consideration of participation in Trail Mix Inc. volunteer activities and events conducted by authorized its employees and partners and to use or operate all associated equipment, tools, facilities, and services, I, the participant, on behalf of myself, my heirs, assigns, legal representatives (collectively “Operator Participant”), agree to the following terms and conditions (“Agreement”):

  1. Acknowledgment and Assumption of Risk. Participant acknowledges that operating heavy equipment can be an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, my physical conditioning-including hydration, and the condition of other participants, equipment, motorized vehicles, vehicular traffic, and the actions of other people including, but not limited to participants, volunteers, spectators, dealer personnel, event officials, event monitors and/or event producers. These risks are not only inherent to equipment operators but are also present for volunteers and anyone else desiring to participate in these activities or events.
  2. Participant acknowledges, agrees and represents that they will upon entering any restricted or active worksite area will inspect the equipment to be used or operated by him/her and further agrees and warrants that, if at any time, he/she is in or about equipment or a restricted area and feels anything to be unsafe, will immediately advise appropriate officials of such and if necessary leave the area or equipment and/or refuse to further participate.

  4. Certification of Fitness and Knowledge of Rules. Participant certifies that Participant has sufficiently trained to be a participant in a heavy equipment operation event and is physically fit to perform any and all of Participant’s duties, whatever they may be, and that Participant has not been advised of any unfitness to do so by a qualified medical person. Participant further certifies that Participant has been informed of the rules and policies related to all equipment use at Trail Mix, Inc.. Participant also agrees to the best of his/her ability to follow industry best practices for safe equipment operation during Trail Mix events.

  6. Release of Liability; Indemnification; Acknowledgement of Risk. Participant hereby waives, releases and discharges, on behalf of Participant and Participant’s executors, administrators, heirs, next of kin, successors and assigns, Trail Mix Inc, and their respective directors, officers, employees, volunteers, agents, event holders, event promoters, event sponsors, event volunteers, event permit grantors, event property owners, and event participants and agency partners(collectively “the Releasees”), from any and all liability for Participant’s death, disability, personal injury, property damage, property theft, lost income or a  may directly or indirectly accrue to Participant by virtue of Participant’s training for this event or any future event, Participant’s volunteering for this event or any future event, or Participant’s travel to or from any activity or event at or related to Trail Mix Inc, due to the negligence, carelessness or recklessness of the Releasees or due to any dangerous or defective equipment or property that is owned or that is negligently, carelessly or recklessly maintained, operated or controlled by the Releasees. Participant hereby agrees to indemnify and hold the Releasees harmless from and against any and all liability, loss, damage or injury as well as all costs and expenses (including attorneys’ fees and costs of any suit related thereto), suffered or incurred by Releasees, to the extent arising from any of Participant’s actions whatsoever whether now or in the future, including but not limited to negligent, intentional or reckless misconduct, acts or omissions.
  7. Participant understands that there are inherent hazardous risks associated with the operation of heavy equipment which could include serious injury or death, and Participant freely assumes the risk of any and all injuries that Participant may sustain while using the provided equipment. Participant hereby represents that Participant will agree to wear any safety attire which satisfies the requirements of Trail Mix safety standards and OSHA. Participant further assumes all responsibility of liability of the selection of such safety attire if not provided. Participant has no physical or medical condition which, to Participant’s knowledge, would endanger Participant or others if Participant participates in an equipment operating event or which would interfere with Participant’s ability to participate in said event. Participant agrees to any examination to determine Participant’s overall fitness to compete including but not limited to exams for alertness, sobriety and vision.

  9. Medical Treatment. In the event of an injury, accident or illness, Participant hereby consents to receive medical treatment which may be considered necessary or advisable in the judgment of a licensed physician or medically trained personnel. Participant understands that he or she will need to have his or her own insurance coverage in case of any injuries.

  11. Agreement to Be Bound. Participant certifies that Participant has read and understands the terms of this Agreement, and Participant acknowledges that this Agreement will be relied upon by Trail Mix, its employees, agents, event holders, sponsors and organizers of such activities and events in which Participant participates, and that this Agreement will govern all of Participant’s training, participation, volunteering and all other actions and responsibilities at each such Trail Mix Inc. activity or event.

  13. Use of Likeness. I grant Trail Mix, Inc., its representatives, and employees the right to take photographs and/or video of me in connection with the event(s) in which I am participating. I authorize Trail Mix, Inc., to copyright, use, and publish the same in print and/or electronically. I agree that Trail Mix, Inc. may use such photographs and/or video of me with or without my name and for any lawful purpose, including publicity, illustration, advertising, social media, and Web content.

  15. Waiver and Severability. If any part of this Agreement, for any reason, is declared invalid or void, such declaration shall not affect the remaining portions of the Agreement which shall remain in full force and effect as if this Agreement had been executed with the invalid portion eliminated.

  17. Policies and Procedures. Participant agrees to contribute to a work environment that is free from sexual harassment, and other types of discriminatory harassment. Participant  agrees  to conduct myself in a professional manner and to show respect for co-volunteers, members of the public, and Trail Mix employees and partner staff while volunteering for Trail Mix.Participant agrees to abide by Trail Mix policies and procedures and am aware that these policies and procedures may change at any time, without notice, at the discretion of the Trail Program Manager or Executive Director.

  19. Governing Law. Except to the extent that this Agreement may be governed by any federal law, this Agreement shall be governed by, construed and interpreted under, and enforced exclusively in accordance with the laws of the United States and Canada, and the courts in the state or province where the Operator Challenge occurs shall have jurisdiction with respect to any dispute arising hereunder.


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Gender Pronouns

Pronouns
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Gender Pronouns

Pronouns
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Gender Pronouns

Pronouns
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Gender Pronouns

Pronouns
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Gender Pronouns

Pronouns
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Gender Pronouns

Pronouns
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Gender Pronouns

Pronouns
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Gender Pronouns

Pronouns
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Gender Pronouns

Pronouns
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Gender Pronouns

Pronouns
Participant's 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 and newsletters by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Emergency Contact's Relation to Participant
Volunteer Activity
What type of volunteer event are you participating in?
Open call volunteer event - anyone can come!
Trail Stewards
Volunteer Trail Maintenance Team
Other
If applicable, what group do you belong to?*
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*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Gender Pronouns

Pronouns
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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