WAIVER As a volunteer for the Fruit Tree Planting Foundation (“FTPF”), I understand and acknowledge that my services will be contributed free of charge for the benefit of FTPF and its collaborators. FTPF is not responsible for claims or liabilities arising from participation in any volunteer activities. I understand that in order to perform volunteer services for the benefit of FTPF at any FTPF project site(s), I must assume all responsibility and risk associated with travel and all conditions, hazards, illnesses, and potential dangers in, on, or about any FTPF project site. I hereby release, discharge, and waive any claims, actions, or suits that I may have against FTPF, its directors, officers, agents, employees, partners, and program recipients that are a result of my travel to and/or participation in any volunteer activities and events. This waiver is applicable and valid for any Volunteer services performed for FTPF from this date onwards, unless otherwise noted. PHOTO RELEASE I hereby give permission for FTPF staff and/or any person acting on its behalf to photograph and/or film myself/my child and allow FTPF to use these pictures as it or its partners see fit to document and share scenes from tree plantings or other FTPF-related events. I release all publication rights to said photos. Any Volunteer not agreeing to the photo release shall inform an FTPF representative immediately to avoid being photographed during the event. ADDITIONAL TERMS & CONDITIONS FTPF projects often involve physical labor, often under the sun or in extreme weather conditions, and contact with gardening tools, agricultural machinery, soil, animals living in the soil, and sometimes nuts/nut trees (for those with nut allergies). Volunteer understands and agrees that FTPF shall not be held responsible for any injury, illness, or condition incurred by any of these. Volunteer agrees to take full responsibility for not exceeding their personal physical limits during the FTPF project. Volunteer takes full responsibility for any injury they might suffer during their participation. Volunteer understands that they are fully responsible for their belongings brought to the FTPF project. Any personal property which is lost or missing is Volunteer’s responsibility. Volunteer understands that it is their responsibility to remain hydrated. Volunteer understands that they may choose not to participate in any activity at any time at during the FTPF project. Volunteer has conducted an independent risk analysis of this particular project and is familiar with all of the risks involved, including any risks to Volunteer’s health, safety, and finances. After careful consideration, Volunteer has decided to accept all potential risks and agrees not to hold FTPF responsible for any resulting injury, illness, or condition. Volunteer understands that by signing this waiver, they (or any family members, heirs, or assigns) have no legal recourse against FTPF or anyone else associated with FTPF for any reasonable activities which occur during the FTPF project. Volunteer understands that they have engaged in any and all activities at the FTPF project under their own volition. It is mutually and expressly understood that volunteer services shall be donated, and that Volunteer is not entitled to nor expects any present or future salary, wages, or other benefits for these voluntary services. Volunteer agrees that they will not be considered to be an employee of FTPF and that the volunteer service may be terminated by either party at any time for any reason. Volunteer agrees to follow the supervision and direction of any personnel, employee, or volunteer, to whom Volunteer has been assigned to perform services. Volunteer understands that if they are responsible for injuries to third parties or damages to their property while acting outside the scope of assigned volunteer duties, that Volunteer may be held personally liable for any monetary damages a court may award to the injured party. FOR NON-PLANTING VOLUNTEER PARTICIPATION
For Volunteers contributing creative Works or creating other tangible or intangible Assets not involving the direct physical planting of trees, Volunteer agrees that any Work they create as a volunteer for FTPF will become the property of FTPF, which, if applicable, will own full copyright in all such Work(s). In assigning all right, title, and interest in the Work(s) to FTPF, Volunteer hereby transfers to FTPF the full ownership in and of the Work(s), including all rights of reproduction, distribution, display, and adaptation, and the right to create derivative work(s). All such rights apply without limitation to any print, electronic, multimedia, or other formats including materials for websites, distribution online by email, and all other methods of creating and distributing media. Volunteer agrees to sign and deliver to FTPF, either during or subsequent to the term of this Agreement, such other documents as FTPF considers desirable to evidence the assignment of copyright. Volunteer shall not disclose or use any confidential information or know-how relating to the work performed for Company hereunder ("Confidential Information"), whether or not it is in written form, except as may be authorized by Company in advance. Confidential Information includes, but is not limited to, any and all information not generally known in the relevant trade or industry relating to Company or by the general public, media, nonprofit sector, or supporters/followers of Company, such as: products, business plans, financial information, sources of support, existing or prospective planting partners who have applied to Company's programs, cost of materials used for programs, internal communications or discussions, standard operating procedures for the organization or programs, existing products or programs, products or programs under consideration or development, trade secrets, plans, operations, or prospects. |