Volunteer Assumption of Risk, Waiver of Liability and Indemnification Agreement
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 Volunteer Assumption of Risk, Waiver and Release of Liability (“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;
- Conduct-related risks, including the risk that volunteers or others, including third parties, may act carelessly or recklessly;
- 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 hazards, such as heat, cold, wind, snow, flooding, ice, or rain that may make working conditions more difficult or dangerous;
- Risks associated with being exposed to, contracting and/or transmitting to others life threatening human/animal/insect/other borne communicable and/or contagious diseases, , such as but not limited to COVID-19;
- Risks associated with location – HistoriCorps projects may take place in remote places, up to several hours from any medical facility, including medical facilities that can treat COVID-19-related symptoms, causing potential delays or difficulties with communication, transportation, evacuation and medical care. Although HistoriCorps staff or others may carry wireless communication devices during projects, use of these communication devices in outdoor and/or wilderness terrain or in any location is unreliable and inconsistent.
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.
Personal Health and Participation Responsibility. HistoriCorps has published essential eligibility criteria for each project outlining any physical or other requirements for performance of the project. Volunteer assumes full responsibility for selecting projects for which Volunteer meets the essential eligibility critera. To the extent that Volunteer believes that he or she may need an accommodation to meet the essential eligbility criteria, Volunteer agrees to bring the issue to HistoriCorps’ attention before the project starts or, if that is not possible, as soon as possible after Volunteer determines an accommodation may be necessary. HistoriCorps will assess the proposed accommodation with Volunteer and, where applicable, Volunteer’s medical provider, to determine whether it is feasible and effective. Volunteer is fully responsible for identifying, discussing with HistoriCorps, and paying the cost (if any) of any such accommodations approved by HistoriCorps. NOTE: Volunteer, in consultation with Volunteer’s medical care provider, should consider based on the essential eligibility criteria whether the Project is appropriate for Volunteer before the start of the Project. Volunteer further agrees to bring first aid supplies recommended by Volunteer’s medical provider for Volunteer’s personal use. NOTE: There are risks associated with Volunteer’s contact with other persons, spaces, equipment or otherwise, including the risk of a volunteer, staff or other persons’ carrying, being infected by or contracting COVID-19 or other disease, virus or bacteria before, during or after activity associated with the Project and/or transmitting it to others, including vulnerable and at risk populations in the Project community or a Volunteer’s home community. NOTE: HistoriCorps reserves the right to exclude from participation or dismiss any volunteer from a project who staff believe, in their discretion, cannot meet the essential eligibility criteria, presents a safety concern or medical risk to others, is disruptive, or otherwise engages in conduct detrimental to the Project. If Volunteer is dismissed or departs for any reason, Volunteer is responsible for all costs of early departure, including evacuation, medical treatment or other costs.
- INSURANCE; MEDICAL EXPENSES: Volunteer understands that HistoriCorps does not assume any responsibility 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. Volunteer further agrees to assume and accept any increased risks to Volunteer or others, related to Volunteer’s participation in the Project during the COVID-19 Pandemic.
- 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. Volunteer further warrants that Volunteer is able to participate without causing harm to self or others. Simultaneously with signing this document, Volunteer warrants that Volunteer has certified the accuracy of all of the statements in Volunteer Addendum A: COVID-19. Volunteer agrees to certify another Addendum A: COVID-19 immediately before starting volunteer work and notify HistoriCorps as soon as possible after becoming aware of any changes to the certification.
- 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, 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 any mediation, suit, or other proceeding must be filed or entered into only state court in 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. I understand this is a legal document that affects my legal rights and that, if registering online, 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 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 voluntarily and freely. I certify that I am at least 18 years of age.
Minor Volunteers: 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.
VOLUNTEER Addendum A: COVID-19
The CDC has published the following list of people who are at higher risk for severe illness if they contract Coronavirus Disease 2019 (COVID-19).
- People 65 years of age or older
- People who live in a nursing home or long term care facility
- People of all ages with underlying medical conditions, including:
- Chronic lung disease or moderate to severe asthma
- Serious heart conditions
- Many conditions can cause a person to be immunocompromised, including cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, and prolonged use of corticosteroids and other immune weakening medications
- Severe obesity (body mass index [BMI] of 40 or higher)
- Chronic kidney disease undergoing dialysis
- Liver disease
- Pregnancy (from the Colorado Department of Public Health & Environment)
The complete CDC list and information can be found here https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html .
Volunteer has completed HistoriCorps’ Health Survey (Addendum A, Exhibit A) and represents that all of the information provided on the Health Survey is complete and accurate. In the event of any changes to any of Volunteer’s answers on the Health Survey, Volunteer agrees to notify HistoriCorps as soon as possible.
Volunteer certifies the following:
- Volunteer is not experiencing any symptoms of illness, such as fever, cough, shortness of breath, sore throat, chills, muscle aches, nausea or vomiting, loss of taste or smell, or other COVID-19 symptoms as listed by the CDC.
- Volunteer has not traveled internationally in the past 14 days, has not traveled to a highly impacted area within the United States in the past 14 days, does not believe he or she have been exposed to a person with a confirmed or suspected case of COVID-19, is not currently waiting to be cleared as noncontagious following a COVID-19 diagnosis, has been following all recommended guidelines as much as possible by practicing social distancing and otherwise limiting exposure to coronavirus.
- Volunteer understands that if he or she develops COVID-19 symptoms, Volunteer must immediately notify HistoriCorps and, if requested by HistoriCorps, self-isolate and leave the jobsite. If the volunteer is physically or medically unable to do so, Field Staff will follow Wilderness First Aid guidelines for medevac.
- Volunteer has reviewed the HistoriCorps Criteria for Project Selection & Protocols for Field Operations, 2021 Project Season, and understands they are expected to meet and follow them at all times during the project.