Effective 8 December 2020
I agree to abide by the terms and conditions specified in the Armed Services YMCA San Diego (ASYSD) Volunteer Handbook (including its attached Code of Conduct), which I have reviewed or will review before volunteering my time for the ASYSD. The Handbook is also located online on the Volunteer page of our website using the "View Handbook" button. I understand that if I do not follow the policies and procedures in the Handbook, or act in any way incompatible with the image of the ASYSD, then I will not be able to continue as a volunteer.
CONSENT TO BE PHOTOGRAPHED, VIDEOTAPED AND FILMED:
I hereby grant full permission for myself, my children, and my family members to be photographed, filmed, videotaped and otherwise recorded by the ASYSD staff and its representatives and such photographs and recordings to be used or licensed by ASYSD for any legitimate purpose relating to its mission, without payment or compensation. I also hereby consent to the participation in interviews and the use of my statements and quotes in publications for the benefit of the ASYSD. I also grant to the ASYSD the right to edit, use, and reuse such products for nonprofit purposes, including use in print, on the Internet, and all other forms of media. I also hereby waive and release the ASYSD and its agents, employees, directors, and representatives, including but not limited to the Armed Services YMCA of the USA (collectively, the “ASYMCA Parties”) from all claims, demands, compensation and liabilities whatsoever in connection with the above. I understand and agree that the rights and permissions granted above are permanent, perpetual, worldwide and irrevocable.
CONSENT AND RELEASE OF LIABILITY FOR PROGRAM PARTICIPATION:
The individual named below (referred to as "I" or "me") desires to participate in activities offered by ASYMCA either as a participant, volunteer, observer or in any other capacity (whether singular or plural, hereinafter referred to as the "Activities"). As lawful consideration for participating in the Activities, I agree to all the terms and conditions set forth in this agreement (this "Agreement").
I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR ILLNESS 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 ASYMCA. I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF ASYMCA OR OTHERWISE.
I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the ASYMCA Parties, and its successors, and assigns (collectively, "Releasees"), on account of injury, illness, death, or property damage arising out of or attributable to the Activities, whether arising out of the ordinary negligence of ASYMCA or any Releasees or otherwise. I covenant not to make or bring any such claim against ASYMCA or any other Releasee, and forever release and discharge ASYMCA and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that California law does not permit to be released by agreement.
I hereby acknowledge the health risks and dangers associated with the transmission of the COVID-19 virus, and other communicable diseases, and recognize that exposure to the COVID-19 virus, or other communicable diseases, could occur while I am volunteering for the Armed Services YMCA and its programs.
As such, I fully assume all of the risks associated with participation in the Program, including the possibility of COVID-19 (or the novel coronavirus) community spread.
I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to the Activities, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
I shall defend, indemnify, and hold harmless ASYMCA and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related to my participation in the Activities, including any claims arising out of my own negligence or the ordinary negligence of ASYMCA.
This Agreement constitutes the sole and entire agreement of ASYMCA 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 held 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 ASYMCA and me and their respective heirs, successors, and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California 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 San Diego County, California and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ASYMCA FOR CLAIMS, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF THE ACTIVITIES.