VOLUNTEER WAIVER, RELEASE, AND INDEMNITY AGREEMENT This document sets forth the responsibilities and understandings of the volunteer and of Marin Agricultural Land Trust (MALT) regarding volunteer’s participation in volunteer programs partially or wholly coordinated by MALT. The volunteer and MALT agree as follows: 1. The volunteer performs the service of the volunteer’s own free will, without promise, expectation, or receipt of remuneration. The volunteer is not an employee or agent of MALT for any purpose and the volunteer’s services are not controlled nor mandated by MALT. 2. If the volunteer is under the age of 18, the volunteer may only participate in volunteer service with the express written consent of the volunteer’s parent or guardian. 3. The volunteer understands and agrees that it is possible that the volunteer may be injured or otherwise harmed during volunteer service due to accidents, acts of nature, the volunteer’s negligent or intentional acts, or the negligent or intentional acts of others; that while MALT has taken some steps to reduce the chances of injuries or harm to the volunteer, that MALT has no control over most risks, and, thus, cannot and does not guarantee nor take any responsibility for the safety of the volunteer or the volunteer’s property while the volunteer is engaged in volunteer service; and that the volunteer must take full responsibility for themself and assume the risk of harm or damage while serving by taking all necessary and reasonable precautions and acting in a manner that will help protect themself, their property, others, and the property of others. 4. The volunteer agrees to waive and release MALT from any and all potential claims for injury, illness, property loss or damage, or death which the volunteer may have against MALT that might arise out of the volunteer’s service and to hold MALT harmless there from. 5. The volunteer agrees and understands that injuries or losses to others, such as co-workers or the person(s) being helped, may occur as a result of the volunteer’s negligent or intentional acts during volunteer service, and that to avoid such harm, the volunteer must exercise care and act responsibly in serving others. 6. If any injury or loss to another does occur due to the volunteer’s intentional actions or due to the volunteer's negligent actions arising outside of the scope of the volunteer’s activities, the volunteer must accept the liability for and repair, or make reparations for, the harm done. 7. MALT is not providing the volunteer with insurance coverage for any injuries, conditions, or losses to the volunteer arising out of volunteer activities. 8. The volunteer must maintain their own primary medical insurance and the volunteer’s own automobile liability insurance when driving a non-MALT vehicle to cover potential medical and other costs related to the volunteer service; and the volunteer is also encouraged to maintain property and life insurance coverage while serving as a volunteer. 9. All costs for injury or loss above the coverage provided by the volunteer’s insurance are the volunteer’s personal responsibility. 10. In projects where the volunteer will be transporting others or MALT supplies in a non-MALT owned vehicle, the volunteer may be required to provide proof of adequate automobile insurance in order to participate. 11. Since volunteers are not MALT employees, MALT does not provide worker’s compensation coverage for injuries or illnesses to the volunteer arising out of volunteer activities. 12. MALT will provide you with a legal defense, upon your request, in response to any claim or action brought against you, arising out of your volunteer service in a program that MALT helps coordinate, where you were acting in good faith and within the scope of the volunteer activity, and the act in question was not an intentional or knowing act constituting illegal, willful, or wanton misconduct. However, MALT will not defend you in any case where the injury resulted from your operations of a non-MALT motor vehicle, vessel, aircraft, or other vehicle for which a pilot or operator’s license is required or where the suit is brought by an authorized governmental officer to enforce a federal, state, or local law. 13. In legal actions in which MALT provides your defense, MALT will pay for reasonable attorney fees, judgments, settlements, or other expenses directly related to your defense only up to the limits presently stated in the appropriate State statutes and only if covered by MALT’s insurance, one time only per volunteer. MALT will control the defense and you must reasonably cooperate and comply with MALT decisions and procedures. By signing below, the parties confirm that they have read, understand, and consent to the terms of this waiver agreement. NON-DISCLOSURE AGREEMENT MALT requires that confidentiality be maintained with respect to all information obtained by volunteers concerning the organization, staff, board, supporters, and others they serve. The volunteer shall not disclose any information not otherwise made public by MALT and obtained in the course of their volunteer placement to any third parties without prior written consent from MALT. This includes but is not limited to information pertaining to financial status and operations such as budget information, donations of money or gifts in kind, salary information, or information pertaining to supporters, guests, event attendees, partners, board, staff, or other volunteers.
No information concerning any volunteer will be divulged without prior written consent of the volunteer. This includes addresses, telephone numbers, etc. Upon conclusion of their services to MALT, the volunteer shall within ten business days return to MALT any and all written or other tangible material containing any confidential Information in Volunteer’s possession and shall not keep any copies thereof. Failure to comply with the confidentiality policies of MALT may result in disciplinary actions, including the dismissal of the volunteer. I understand the above and agree to uphold the confidentiality of these matters both during and following my volunteer service with the organization.
PHOTO RELEASE MALT uses photographers from time to time to videotape or photograph event participants. These videotapes or photographs may be used in newspapers, community newsletters, electronic publications, or similar ways. I irrevocably give MALT and anyone they authorize the right and permission to obtain and use, without charge or specific approval, videotape or photographs of my image.
|