As used below, “Cleveland Metroparks” shall mean the Cleveland Metropolitan Park District and its Board of Park Commissioners, officers, directors, employees, agents, volunteers, successors and assigns.
TERMS AND CONDITIONS OF PARTICIPATION - READ CAREFULLY BEFORE SIGNING
BACKGROUND INFORMATION: I understand and authorize Cleveland Metroparks to verify the information on my volunteer application. I release Cleveland Metroparks, its agents, and organizations supplying information from all liability and responsibility, damages and claims of any kind arising from this investigation of my background. I understand that misrepresentations or omissions may be cause for my immediate rejection as an applicant for a volunteer position with Cleveland Metroparks or my termination as a volunteer. I understand that I may be subject to fingerprinting and a criminal background check according to Ohio Revised Code Section 109.575 et seq. I hereby confirm, represent, and warrant that I have never been convicted of or charged with a violent crime, child abuse or neglect, child pornography, child abduction, kidnapping, rape or any sexual offense, nor have ever been ordered by a court to receive psychiatric or psychological treatment in connection with the crimes previously listed.
VOLUNTEER STATUS: I understand on behalf of myself, or my child/ward, that this is an application for and not a commitment or promise of a volunteer opportunity. I understand that information will be considered confidential to the fullest extent allowed by law. I, or my child/ward, choose to perform my service out of my own, or my child/ward’s own, free will, without promise,
expectation, or receipt of remuneration. For the purposes of the volunteer activity(ies) I participate in, I acknowledge and agree that I am not an employee or agent of Cleveland Metroparks for any purpose, and my volunteer services are neither controlled nor mandated by Cleveland Metroparks. If I am under the age of 18, I may only participate in volunteer service with the express written consent of my parent or guardian.
EQUIPMENT AND FACILITIES INSPECTION: I, or my child or ward if I am not in attendance at the volunteer activity, will immediately advise Cleveland Metroparks of any unsafe condition that I, or my child or ward if I am not in attendance at the volunteer activity, observe. I, or my child or ward, will refuse to participate in the volunteer activity until all unsafe conditions observed by me, or my child or ward, have been remedied.
INDEMNIFICATION/INSURANCE: As part of the consideration tendered for myself, or my child/ward, being permitted to participate in volunteer activities; I agree, on behalf of myself and my child/ward to, and hereby do, waive any and all claims against, and do fully release and hold harmless, the Board of Park Commissioners of the Cleveland Metropolitan Park District its officers, directors, employees, agents, volunteers, successors and assigns from any and all claims related to any illness, injury, including loss of life, property damage, or loss of any other description which I, or my child/ward, may sustain arising out of, or in any way associated with my, or my child/ward’s, participation in volunteer activities, including, but not limited to, all attorneys’ fees and disbursements through and including any appeal, even though liability may arise out of negligence or carelessness on the part of persons named in this waiver. I understand that during the term of my volunteer activities, Cleveland Metroparks does not provide workers compensation coverage, self-insurance or other health benefit plan(s), including but limited to, hospitalization, disability and/or life insurance because I am not a Cleveland Metroparks employee. I further understand that if my child/ward is under age 10, that I will be present to supervise my child/ward during the volunteer activity.
CONSENT TO TREATMENT: In the event of injury or illness, I authorize, on behalf of myself and my child/ward, Cleveland
Metroparks to administer first aid, CPR or use an AED and/or obtain medical treatment at the nearest and most adequate facility of Cleveland Metroparks’ choice. I, and/or on behalf of my child/ward, hereby release and forever discharge the Cleveland Metroparks from any claim whatsoever which arises or may hereafter arise on account of any medical assistance, first aid treatment or other medical services rendered in connection with an emergency that arises during my participation and/or the participation of my child/ward in volunteer activities. I, and/or on behalf of my child/ward, declare and represent that I, or my child/ward, are in good mental and physical health and condition and have the skill level required for the volunteer activities, that I, or my child/ward, do not have any medical condition that is adverse to participation in the volunteer activities and that I, or my child/ward, are not under the influence of alcohol or drugs. If I, or my child/ward, are currently taking medication, I declare that I have consulted a physician and have approval to participate in the volunteer activities while under the influence of the prescribed medication. I warrant that I will notify any personnel prior to the beginning of the volunteer activities of any medications or drugs I am, or my child(ren)/ward(s) are currently taking, or any conditions that may complicate medical treatment, including, but not limited to, known allergic conditions.
GOVERNING LAW: It is agreed that this document shall be interpreted according to the laws of the State of Ohio without regard to choice of law principals and any legal action relating to or arising out of this Form will be resolved exclusively in a federal or state court located in Cuyahoga County, Ohio, and I consent to exercise of personal jurisdiction and exclusive venue in such courts. I SPECIFICALLY WAIVE THE RIGHT TO TRIAL BY JURY.
RISK OF HARM: I understand and agree on behalf of myself, or my child/ward, that it is possible that I, or my child/ward, may be injured or otherwise harmed during volunteer activities due to accidents, acts of nature, or my, or my child/ward’s negligent or intentional acts, or the negligent or intentional acts of Cleveland Metroparks’ employees and/or volunteers or others. While Cleveland Metroparks has taken some steps to reduce the chance of injuries or harm to me, or my child/ward, Cleveland Metroparks has no control over most risks, and, thus, cannot and does not guarantee or assume responsibility for my, or my child/ward’s, safety, or my, or my child/ward’s, property while I, or my child/ward, are engaged in volunteer activities. I, on behalf of myself and my child/ward, shall take full responsibility for myself, or my child/ward, and assume the risk of harm or damage while volunteering at Cleveland Metroparks. I, or my child/ward, shall also take all necessary and reasonable precautions and act in a manner that will help protect me, or my child/ward, and my or my Child/ward’s property.
I recognize and acknowledge that there are risks associated with volunteer activities, including but not limited to those related to: -Repetitive motion, exertion, ergonomics, slips, trips and falls, lifting, misuse or failure of equipment, struck by, struck against, compressed in, caught in between, entangled, rubbed, cut, punctured, abraded or jarred by vibration from equipment or materials, contact with guests or other staff members, traffic-related risks, illness or infection, effects of weather or the natural environment, trail or route conditions, contact with participants, staff, equipment or the public, and animals, which can act in unpredictable ways.
I recognize and acknowledge that there are additional risks associated with specific volunteer activities, including but not limited to:
-Volunteer activity includes:
ARCHERY (including Brecksville Nature Center Program Assistant) - Additional risks include, but are not limited to, those related to: Struck by, struck against, entangled, rubbed, cut, punctured, abraded by bow and arrow
CYCLING/MOUNTAIN BIKING (including Outdoor Recreation Program Assistant, Youth Outdoors Outing Assistant) - Additional risks include, but are not limited to, those related to: Collision with a cyclist, person or object on the trail
HORSE RELATED (including Rangers Stables Assistant and Youth Outdoors Youth Horseback Riding Assistant) - Additional risks include, but are not limited to, those related to: Falls from a horse; Struck by, struck against, crushed by, caught in between, entangled, rubbed, cut, punctured, abraded, bit or jarred by a horse or horse’s tack
LAND BASED RECREATION (including Outdoor Recreation Program Assistant, Youth Outdoors Outings Assistant, Trail Ambassador,
Brecksville Nature Center Assistant)
LIGHTS OUT CLEVELAND - Additional risks include, but are not limited to, those related to: Contact with birds
NATURAL RESOURCES WILDLIFE SURVEY
ROCK CLIMBING (including Outdoor Recreation Program Assistant, Youth Outdoors Outing Assistant) - Additional risks include, but are not limited to, those related to: Falls from a height
TRAIL INSPECTION AND MAINTENANCE (including Trail Maintenance Assistant, NMBP Trail Ambassador, Mountain Bike Trails
WATER RECREATION (including Outdoor Recreation Program Assistant, Outdoor Recreation Power Boat Safety Assistant, Natural
Resources Aquatic Research and Management Assistant, Voyageur Canoe Program Assistant, Youth Outdoors Outings Assistant, Brecksville Nature Center Assistant) - Additional risks include, but are not limited to, those related to: Water conditions; Drowning ; Collision with another craft, person, or object in the water.
PUBLICITY RIGHTS: I further grant Cleveland Metroparks the right to photograph, record and/or videotape me and/or my child or ward and further to display, edit, use and/or otherwise exploit my or my child’s or ward’s name, face, likeness, voice, and appearance, in all media, whether now known or here after devised (including, without limitation, in computer or other device applications, online webcasts, television programming, in motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images or video, throughout the universe in perpetuity, whether for advertising, publicity, or promotional purposes, including, without limitation, publication, without compensation, residual obligations, reservation or limitation, or further approval, and I agree to indemnify and hold harmless Cleveland Metroparks for any claims associated with such grant and right to use. Cleveland Metroparks is under no obligation to exercise any rights granted herein.
By signing below, I confirm and attest that my, or my child/ward’s, attendance and involvement in volunteer activities at Cleveland Metroparks is voluntary, at my own risk, that I’ve read and understand the foregoing terms and conditions of this Release/Waiver agreement and enter into it voluntarily. I am also agreeing to the policies governing me and/or my child as a Cleveland Metroparks volunteer as laid out in the Volunteer Handbook.