RELEASE, WAIVER AND ASSUMPTION OF THE RISK FOR VOLUNTEER PARTICIPATION This legally binding release, waiver and assumption of risk for volunteer participation (“Volunteer Waiver”) is made by me to the High Line Canal Conservancy (the “Conservancy”) and the City and County of Denver Acting by and through its Board of Water Commissioners (“Denver Water”), and their respective employees, agents, volunteers and/or assigns, in consideration for my intended participation in an event or events organized by the High Line Canal Conservancy during calendar year 2024 (the “Event(s)”). I hereby agree as follows: ASSUMPTION OF RISK 1. I acknowledge and understand that as part of my participation in the Event(s) there are dangers, hazards and inherent risks to which I may be exposed, including the risk of serious physical injury, temporary or permanent disability, and death, as well as economic and property loss. The dangers, hazards and risks may arise from my own actions, inactions, or negligence as well as from the actions, inactions or negligence of others, or the condition of the premises. I acknowledge and understand that the Conservancy and Denver Water do not guarantee my safety on the premises or in participation in the Event(s). I understand that there are dangers associated with participation in events that takes place in outdoor and/or urban settings. I also acknowledge and understand that there may be other dangers, hazards or risks not presently known or reasonably foreseeable. I will immediately report any dangerous and/or hazardous conditions that are discovered to the Conservancy and Denver Water. 2. In consideration of the right to participate in the Event(s), I agree to assume all dangers, hazards and risks arising from my participation in the Event(s). This Volunteer Waiver is binding on my heirs and assigns. 3. I agree that I will comply with all safety and security requirements of the Conservancy and Denver Water. 4. I acknowledge and understand that use of protective and safety gear (including but not limited to appropriate boots or footwear, gloves, and safety glasses) is recommended for certain of the Event(s). I realize that protective and safety gear is designed to reduce the risk of injury but will not prevent all injuries. I understand there is no guarantee for my safety.
RELEASE OF LIABILITY 1. I hereby release, indemnify, defend and hold harmless the Conservancy and Denver Water, including their respective officers, agents, and insurers, from and against any and all liability, injury, loss, damage, actions, debts, claims and demands of every kind whatsoever, specifically including, but not limited to, any claim for negligence or negligent acts or omissions and any present or future claim, loss or liability for illness or injury to person or property that I may suffer, or for which I may be liable to any other person, that may or does arise out of my participation in the Event(s). 2. I agree that in connection with my participation in the Event(s) to adhere to all of the policies and procedures of the Conservancy and Denver Water and all applicable laws, rules, regulations, ordinances, and requirements of any governmental authority, including but not limited to those that apply to Denver Water property and my use of the property. If I fail to adhere to the above-stated policies, procedures, laws, rules, regulations, and/or ordinances during or in connection with the Event(s), I may be dismissed from the Event(s) and I will be responsible for any injuries and/or damages that may result. 3. To the extent that I engage in activities that are not a part of the Event(s) on one or more of the same date(s) as the Event(s) and from which I may sustain personal injury or other damage to myself or property, or cause others to be injured or sustain other damage, including damage to their property, I understand that the Conservancy and Denver Water will not be held responsible. 4. In the event of accident or serious illness during or in connection with the Event(s), I hereby authorize the Conservancy to obtain medical treatment for me and on my behalf. I hereby hold harmless and agree to indemnify the Conservancy and Denver Water from any claims, causes of action, damages, and/or liabilities arising out of or resulting from Said medical treatment. 5. Any liability of Denver Water is limited to the extent provided in the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as it may be amended from time to time. 6. I agree that I am solely responsible for any parking tickets, traffic violations, or car towing costs/fees that I incur because of my participation in, or travel to/from, the Event(s). I will not seek reimbursement for any of these costs/fees from the Conservancy or Denver Water.
NO EMPLOYMENT RELATIONSHIP CREATED I understand that my volunteer services will be at the direction of the Conservancy, but that I am not an employee of the Conservancy and/or Denver Water within the meaning of the Colorado Workers’ Compensation Act at the time of my performance of these volunteer services/participation in the Event(s). I further understand that I am a volunteer and that no employee/employer or master/servant relationship is created between myself and the Conservancy and/or Denver Water and that I will receive no compensation of any kind for my participation as a volunteer and that there is no promise of paid employment or future paid employment. There is no employment contract or other contract of hire between me and the Conservancy and/or Denver Water. I acknowledge that the volunteering of time and/or services does not constitute employment for purposes of the Workers’ Compensation Act of Colorado and further acknowledge that I am not entitled to benefits pursuant to said Act.
COMPLIANCE WITH DENVER WATER REQUIREMENTS 1. I agree that I will not interfere with Denver Water operations. 2. I will remove any materials I bring to the Denver Water property and leave the Denver Water property in the same condition in which it was found. 3. I will use all reasonable means to prevent any loss or damage to the Denver Water property and to others. Any repair or replacement of Denver Water property or facilities made necessary by my use or misuse of the property, which shall be determined in the sole discretion of Denver Water, shall be made by Denver Water at my sole expense.
ADDITIONAL TERMS 1. I agree that any disputes between me and the Conservancy and/or Denver Water arising out of my participation in the Event(s) shall be resolved by arbitration or mediation. The prevailing party in any dispute shall be entitled to recover attorney fees and costs. 2. I agree that the Conservancy and/or Denver Water may use images of me from the Event(s) in printed, published, or electronically distributed materials of the Conservancy, Denver Water or of Partner Organizations (defined below).
OPTIONAL TERMS 1. The Conservancy receives requests from governmental agencies, associations, and groups (“Partner Organizations”) requesting the names and mailing addresses of Conservancy volunteers who may be interested in similar volunteer opportunities. By initialing here, I authorize the Conservancy to share my name and contact information with Partner Organizations for other volunteer opportunities:
CONFIRMATION OF TERMS I acknowledge that prior to signing this Volunteer Waiver, I have had adequate opportunity to read it and any questions I had were directed to the Conservancy and Denver Water and have been answered to my satisfaction. I fully understand the contents of this Volunteer Waiver. I am aware that I am giving up substantial rights by signing this document, and I am signing it voluntarily. I have no obligation to participate in the Event(s) or sign this Volunteer Waiver, but I desire to do so.
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