VOLUNTEER, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
WARNING: BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE - PLEASE READ CAREFULLY
To: FOOD BANK OF YORK REGION
I acknowledge the personal benefit accruing to me by reason of participation as a volunteer for FOOD BANK OF YORK REGION (“FBYR”) and being aware of the activities in which I will be involved through said participation, I hereby agree as follows:
I am aware of the risks, dangers and hazards associated with my volunteer activities at FBYR, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.
In consideration for receiving permission to participate in volunteer activities with FBYR, I, the Volunteer, my personal representatives, assigns, heirs and next of kin, freely and voluntarily, without duress, hereby release, waive and discharge all claims that I have or may have in the future against FBYR, its officers, directors, agents, servants, volunteers or employees (hereinafter referred to as “Releasees”) from any and all liability, claims, loss, expenses, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, any of the property belonging to me or that my next of kin may suffer as a result of my participation as a volunteer, whether caused by the negligence of the Releasees, or otherwise, including any liability, claim, demands, damages, action suits of any nature based in negligence, breach of fiduciary duty, breach of contract or breach of any statutory or other duty of care, while participating in such a volunteer activity, or while in, on, or upon the premises where the volunteer activity is being conducted.
I agree to indemnify and hold harmless the Releasees and their respective successors and assigns from any and all liability, claims, demands, causes of action, losses, damages or costs of whatever kind or nature, either in law or equity, whether foreseen or unforeseen, arising from my actions as a volunteer, for any damage to property of, or personal injury to, any third party, resulting from my participation as a volunteer and for any costs involved in connection with such claims. I, the Volunteer, understand that this Release discharges FBYR from any liability or claim that I may have against FBYR with respect to any bodily injury, personal injury, illness, death, or property damage that may result from my Activities with FBYR whether caused by the negligence of the Releasees. I, the Volunteer, covenant not to bring any action against FBYR for any such injury or damage.
During my service as a volunteer, I will not disclose, release or make use of any confidential or personal information that has been shared with, or acquired by me except in accordance with my assigned duties as a volunteer.
I will not receive any remuneration, salary, wage, payment or any employee benefits whatsoever, and I further understand that there is no employment relationship as a result of my volunteer activity. Further, I understand that the FBYR may in its sole discretion reassign me or terminate my services as a volunteer, without notice or compensation.
I understand that volunteers are not covered by the Ontario Workplace Safety and Insurance Act,1997 and that, as a result, I am not entitled to make any claims for compensation pursuant to the Ontario Workplace Safety and Insurance Act,1997. I understand that FBYR does not carry or maintain health, medical or disability insurance coverage for any volunteer.
If I am unable to consent at the time due to injury or illness, I hereby consent to the administration of first aid and other emergency medical treatment for such injury or illness that occurs during any of my volunteering. Should a medical emergency arise, and I am unable to give permission at the time, I hereby authorize any medical and/or surgical care, including diagnosis and treatment, to be given by any hospital or clinic selected by FBYR. Further, I hereby release and forever discharge the Releasees from any claim whatsoever which arises or may hereafter arise on account of any first aid treatment or other medical services rendered in connection with an emergency during my participation as a Volunteer.
I understand and agree that all photographs, video, audio recordings or any images or portions thereof, taken by the Releasees during my participation as a Volunteer, are the property of FBYR and may be used, modified and/or published in any manner FBYR considers appropriate, without my permission. I grant and convey unto FBYR all right, title and interest in any and all photographic images and video or audio recordings made by the Releasees during my participation as a Volunteer, including, but not limited to, any moral rights, royalties, proceeds, or other benefits derived from such photographs or recordings. I also waive any and all rights, including moral rights I have in the photographic images and video or audio recordings made by any of the FBYR’s assignees and licensees.
I acknowledge during my service as a Volunteer, I will not engage in any illegal activities. I further understand that in the event of legal proceedings involving me and related to such offences or other legal matters, I am responsible for any legal fees and costs.
I acknowledge that I must abide by FBYR’s standard operating procedures or instructions, whether communicated to me verbally or in writing, including obeying all the directions provided by FBYR’s employees while acting as a Volunteer.
I expressly agree that this Release is intended to be as broad and inclusive as permitted by the laws of the Province of Ontario, Canada, and that this Release shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada, applicable therein. I agree that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions, which shall continue to be enforceable.
This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity.
In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement.
I understand that the FBYR will not share my personal information with third parties.
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