All participants MUST sign this waiver in order to participate in a tree planting activity held by Greenscape of Jacksonville, Inc. (“Greenscape”).
Read the Indemnity and Release Agreement
1. The Participant understands and agrees that in order to participate in the activity, Participant will enter properties that Planting Organization may neither own nor control and that it is possible that Participant may be injured or otherwise harmed during the activity due to accidents, acts of nature, or the negligent or intentional acts of Participant, Planting Organization, Partners, and/or Other Participants. PARTICIPANT ACKNOWLEDGES THAT HE OR SHE IS VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE PLANTING ORGANIZATION, PARTNERS, OR OTHERWISE.
2. Participant hereby expressly waives and releases any and all claims and causes of action, of whatever type he or she may have, whether these claims arise in law or equity, are now known or hereafter known, (collectively, “Claims”), against the Planting Organization, PARTNERS, and their respective officers, directors, trustees, donors, employees, agents, affiliates, members, volunteers, successors, and assigns (collectively, “Releasees”), on account of personal injury, accident, illness (including death) and/or property loss, however caused, arising out of or attributable to Participant’s participation in the Activity, whether or not caused in whole or in part by the negligent acts or omissions of one or more of the Releasees. Participant covenants and agrees not to make or bring any such Claim against the Releasees, and forever releases and discharges the Releasees from all liability under such Claims. Participant further agrees that if any third party makes a Claim against any of the Releasees, Participant will indemnify, defend and hold harmless each of the Releasees from and 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 Waiver, and the cost of pursuing any insurance providers), incurred by or awarded against the Releasees, arising out of or resulting from Participant’s actions, inactions, errors, acts, or omissions as a volunteer.
3. Participant grants to the Planting Organization, the PARTNERS, and their respective agents, employees, licensees, subsidiaries, successors in interest, member organizations, and conservation partners (the “Likeness Parties”), the right to take or possess photographs and videos of Participant in the course of Participant’s volunteer activities, and Participant irrevocably consents to the Likeness Parties’ use of Participant’s image, voice, name, likeness, and other personal characteristics in any format, including video, print, or electronic (collectively, “Materials”), as the Likeness Parties may deem appropriate to promote the Likeness Parties, their programs or their mission throughout the world in perpetuity. Participant waives any legal claims to any title or interest Participant may have relating to the Materials, including those relating to copyright or rights of publicity or privacy.
4. If any term or provision of this Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver shall be binding upon and enforceable against Participant, as well as Participant’s spouse, children, heirs and next of kin, personal representatives, executors, administrators, successors and assigns.
BY SUBMITTING THE FORM BELOW PARTICIPANT CONFIRMS AND ATTESTS THAT PARTICIPANT HAS READ THIS WAIVER AND FULLY UNDERSTANDS ITS CONTENTS. PARTICIPANT IS AWARE THAT THIS IS A WAIVER AND RELEASE OF LIABILITY AND THAT PARTICIPANT IS VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT AND THAT PARTICIPANT SIGNS THIS WAIVER ON HIS OR HER OWN FREE WILL WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE.