VOLUNTEER WAIVER, RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT

(Before signing this form, please review this Agreement carefully as it significantly impacts your legal rights with respect to the activities described herein)

 

Activity: Volunteer/Community

Service: Frederiksted Beach, Frederiksted, St. Croix - Beach Clean-Up

Date of Activity: January 6, 2019

I hereby acknowledge that I wish to participate in beach trash clean-up activities as a volunteer (the “Activity”) with ConserVANtion, a 501(c)(3) non-profit. As lawful consideration for being permitted by ConserVANtion to participate in the Activity, I knowingly and voluntarily agree to all the terms and conditions set forth in this Volunteer Waiver, Release of Liability and Assumption of Risk Agreement (the “Agreement”), on behalf of myself and my personal representatives, heirs, executors, next of kin, spouse, minor children, and assigns. 

I hereby acknowledge that the purpose of signing this Agreement is to exempt and release ConserVANtion, and its owners, co-founders, agents, and associated personnel, principals, subsidiaries, affiliates, agents (including actual, implied, and apparent agents), attorneys, independent contractors, subcontractors, partners, representatives, predecessors, successors, and assigns, and all other persons, natural or corporate, in privity with or in any way related to any of them, (hereinafter the “Released Parties”) and to hold these Released Parties harmless from any and all liabilities arising as a consequence of any acts or omissions on their part, including, but not limited to, their negligence.  Accordingly, I hereby agree as follows:

I understand that there are inherent risks involved with snorkeling, swimming, being on the beach, cleaning garbage, trash and other debris from the beach, ocean, and/or waterways, and being in or around the ocean or other bodies of water, that may result in serious injury and/or death, including, but not limited to, rough seas, wildlife encounters, drowning, perils of the sea, acts of fellow participants, and activities near/on the piers. I am aware and understand that the activity includes dangerous activities and involves the risk of serious injury and/or death and/or property damage. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations of ConserVANtion. I acknowledge that I am voluntarily participating in the activity with knowledge of the danger involved and hereby agree to accept and assume any and all risks of injury, death, and/or property damage, whether caused by the negligence or gross negligence of ConserVANtion or otherwise. I understand that I have a duty to exercise reasonable care in participating in the activity and for my own safety and the safety of others, and I agree to do so.

I hereby release, waive, and discharge the released parties, to the fullest extent allowed by law, from any and all liability, claims for damages or losses, demands, or causes of action for injury, however caused, arising from my participation in the activities, even if the injury is caused, entirely or partially, by the negligence of the released parties.  “injury” as used in this agreement is meant to include personal injury, bodily injury, death, emotional injury, property damage and any other personal or financial injury in any way arising from or connected with my participation in the activity. I intend that this waiver of all claims resulting from the released parties’ negligence be clear and unequivocal.

I shall defend, indemnify, and hold harmless ConserVANtion and all other released parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this agreement, and the cost of pursuing any insurance providers, incurred by the indemnified party, arising out or resulting from any claim i may make against ConserVANtion or any of the released parties arising out of the activities, the negligence of ConserVANtion or any released parties or otherwise.

To the fullest extent allowed by law, i expressly and voluntarily assume all risk of injury arising from my participation in the activity, however caused, even if caused by the negligence, in whole or in part and in any form, of the released parties, including, but not limited to (i) the sole negligence on the part of any released party; (ii) the joint or concurrent negligence of a released party with any other person or entity; (iii) vicarious liability; and (iv) any and all other claims of negligence.

I will not sue or make a claim against any of the released parties for any injury, and if I violate this agreement by filing such a suit or making such a claim, I will pay all attorneys’ fees and costs of the released parties.

I agree to protect, defend, indemnify, and hold harmless the released parties from all claims, judgments, liabilities, damages, and costs, including attorneys’ fees, arising from any injury suffered by any other person or entity as a result of my negligence, gross negligence, or willful misconduct in connection with my participation in the activity. This obligation to protect, defend, hold harmless, and indemnify is intended to cover all forms and types of damages whatsoever that may be sought against the released parties arising out of or related to an injury.

I further agree that in the case of an emergency I become hurt or ill and must be hospitalized or transported home, whether via commercial airline, private or air ambulance, or by boat, that I shall be fully responsible, and not ConserVANtion, for all such medical care and transportation arising therefrom, including but not limited to, all legal and monetary obligations.

I acknowledge that I am not permitted to participate in the Activity without signing this Agreement.

This Agreement constitutes the sole and entire agreement of ConserVANtion and me with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of ConserVANtion, the Released Parties, and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of the US Virgin Islands without giving effect to any choice or conflict of law provision or rule (whether of the State of the US Virgin Islands or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in St. Croix, US Virgin Islands and I hereby consent to the exclusive jurisdiction of such courts.

ACKNOWLEDGEMENT

Participant:

Is participant over the age of 18?

© 2018 by Mercedes Siegle-Gaither

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