HISTORICORPS VOLUNTEER WAIVER AND RELEASE OF LIABILITY
Revised as of November 2019
STATEMENT OF PURPOSE
HistoriCorps conducts a “hands-on” field program in historic preservation, which undertakes rehabilitation projects on buildings situated on publicly accessible lands around the country using a largely volunteer workforce.
Since participation in such projects necessarily entails a variety of risks and dangers, as an express condition to participating as a volunteer in a HistoriCorps project, individuals are required to review and agree to this Waiver and Release. Individuals must sign this form for each project in which they participate. Registration for a project is not completed until the Waiver and Release is signed, online or in print, for that particular project during the registration process. Therefore, in consideration for being allowed to participate in the HistoriCorps project identified below (the “Project”), the undersigned (“Volunteer”), hereby acknowledges and agrees as follows:
- ACKNOWLEDGMENT OF RISKS AND HAZARDS: Given the nature of HistoriCorps projects, it is possible that volunteers may be exposed to various risks, accidents or hazards while working at or on the Project site, temporarily residing at or near the Project site and/or traveling to and from the Project site. Risks and hazards include by way of example, but are not limited to, the following:
- Construction-related hazards, including without limitation, loud noises, dust, sharp or dangerous tools and other equipment, heights, unstable buildings or structures, and the need to move or lift heavy and/or awkward loads;
- Hazards associated with working near other volunteers who may be unskilled and untrained in Project tasks they may be performing (whether authorized or not), which may expose Volunteer to greater risk of loss or injury;
- Equipment hazards, including without limitation, use of tools or equipment that may fail, break, malfunction, wear out, or otherwise not perform as anticipated or that may be used improperly or in a negligent manner;
- Environmental hazards such as exposure to extreme altitude, mold, asbestos, or other substances that may have been used in the construction of the structure being rehabilitated or have developed since the structure was built;
- Natural hazards such as wild animals, mosquitoes, ticks or other parasites, rodent-borne diseases, slide areas, deadfall and harmful flora such as poison ivy or poison oak;
- Weather-related hazardssuch as heat, cold, wind, snow, flooding, elevation, ice, rain that may make working conditions more difficult or dangerous.
The risks listed above are some, but not all, of the risks associated with the Project. Some risks are inherent and others may be created or increased by other factors including, among other things, the negligence of the Releasees, identified in Section 5 below. A complete list of inherent and other risks is not possible. There are also risks that cannot be anticipated.
- INSURANCE; MEDICAL EXPENSES: Volunteer understands that HistoriCorps does not assume any responsibility for, or obligation to, provide financial assistance or other assistance to Volunteer, including without limitation medical, health, workers compensation or disability insurance in the event of injury or illness.
- ASSUMPTION OF RISK: Volunteer expressly acknowledges that the activities associated with the HistoriCorps Project to which this Waiver and Release relates may be hazardous and may result in severe injury, illness, loss, damage, or death. Volunteer is voluntarily participating in these activities with the understanding and appreciation that participation in the Project carries with it these sorts of risks and dangers and hereby agrees to assume any and all risks of bodily injury, illness, death, economic loss, or property damage, whether such risks or dangers are presently known or unknown, direct or indirect, fixed or contingent, and/or foreseeable or unforeseeable, that, in each case, Volunteer may be exposed to as a result of Volunteer’s participation in the Project.
- GOOD HEALTH: Volunteer understands the nature of the Project and warrants that Volunteer’s health and physical condition are adequate for the Project, Volunteer has not been advised to refrain from participating in the Project by a qualified medical professional, and there are no health-related reasons or problems that preclude Volunteer’s participation in the Project.
- RELEASE AND COVENANT NOT TO SUE: Volunteer hereby fully and forever releases, discharges and covenants not to sue HistoriCorps or any of its directors, officers, members, agents, employees, volunteers, successors and/or assigns, or the landowner of the property on which the Project is located, or any of the landowner’s directors, officers, members, agents, employees, volunteers, successors and/or assigns (collectively, “Releasees”) from and with respect to any and all claims, demands, damages, suits, liabilities and other obligations (including attorneys’ fees and costs), including, without limitation, claims or damages for bodily injury, death, illness, property damage, or any other loss, that are suffered or incurred by Volunteer, whether direct or indirect, known or unknown, fixed or contingent, foreseeable or unforeseeable, and that, in each case, relate to or occur as a result of, or arise in connection with, Volunteer’s participating in the HistoriCorps Project to which this Waiver and Release relates. Volunteer hereby waives, releases and discharges any and all such claims, demands, damages, suits, liabilities and other obligations that the undersigned may now have or hereafter acquire in connection with Volunteer’s participation in such HistoriCorps Project, regardless of any negligence of Releasees.
- INDEMNIFICATION/HOLD HARMLESS: Volunteer agrees to hold harmless, indemnify, and reimburse the Releasees from and for any sums, costs or expenses (including attorney fees) incurred by any of the Releasees or paid by them to any person (including Volunteer or Volunteer’s insurers) in connection with any accident, injury (including death), loss, or damage sustained by Volunteer or others in connection with Volunteer’s participation in the Project, including transportation related to the HistoriCorps Project. This means that Volunteer will reimburse the Releasees if anyone makes a claim against them based on injuries, losses or damages Volunteer may suffer.
- PHOTOGRAPHIC RELEASE: Volunteer hereby consents to the use by HistoriCorps, or a third party to which HistoriCorps has granted permission, for any legitimate purpose (including without limitation, inclusion in any HistoriCorps or third party brochure, and website, or other published material) of any photograph, video or other images taken of Volunteer while Volunteer is engaged on the Project. Volunteer understands that Volunteer shall not be entitled to receive compensation including without limitation any royalties, proceeds, or other benefits derived from such photographs or recordings.
Volunteer understands that this Waiver and Release is a contract and, to the fullest extent permitted by law, shall bind the undersigned Volunteer and the undersigned Volunteer’s heirs, next of kin, personal representatives, executors, insurers, successors, and assigns and shall inure to the benefit of HistoriCorps and the other Releasees. This Release shall be governed by and construed in accordance with the laws of the State of Colorado. Volunteer agrees that this Waiver and Release is intended to be as broad and inclusive as permitted by law. If any portion of the Waiver and Release is held invalid, it is agreed that the balance shall continue in full legal force and effect. This Waiver and Release supersedes any oral or written statements made by or to Volunteer at any time by anyone in connection with any HistoriCorps project.
I, the Volunteer, have carefully read and fully understand the entire contents of this Waiver and Release of Liability. I understand this is a legal document that affects my legal rights and that by clicking the Acceptance button on the HistoriCorps webpage I am agreeing to its terms with the same force and effect as if I were signing it. I understand that by agreeing to this Waiver and Release of Liability I am giving up my right to sue or otherwise make any claim against the Releasees. I have had the opportunity to ask questions about the Project, and I am signing this Waiver and Release of Liability voluntarily and freely. I certify that I am at least 18 years of age.
Volunteers under age 14 are not permitted to volunteer on HistoriCorps projects. If a volunteer is between ages 14-17, their parent/guardian must request permission from HistoriCorps before registering for their chosen project. Approved volunteers age 14-17 must participate with an adult parent/guardian.