This Release and Waiver of
Liability, (the "Release") executed on this day by the party named
herein, the Volunteer, in favor of the Texas Stallions Track Club, a not-for-profit
agency, their directors, officers, employees and agents.
The Volunteer desires to
work as a volunteer for Texas Stallions Track Club and engage in activities
related to being a volunteer (the "Activities"). The Volunteer
understands that the Activities may include, but are not limited to,
organizing, cleaning, preparing meals, performing yard maintenance, remodeling,
repair and up keep of buildings, moving household furnishings and fixtures,
loading and unloading supplies, interacting with clients, and providing
clerical support in Texas Stallions Track Club offices. The
Volunteer does hereby freely, voluntarily, and without duress execute this
Release under the following terms:
1. RELEASE AND WAIVER: Volunteer, for
him/herself and his or her legal representatives, spouse, heirs and assigns,
does hereby release and forever discharge and hold harmless Texas Stallions
Track Club and its officers, directors, trustees, employees, agents, insurers
and representatives, successors and assigns from any and all liability claims
and demands of whatever kind of nature, either in law or in equity, which arise
or may hereafter arise from Volunteer's Activities with Texas Stallions Track
Club.
Volunteer understands
that this Release discharges Texas Stallions Track Club from any liability or
claim that the Volunteer may have against Texas Stallions Track Club with
respect to any bodily injury, personal injury, illness, death, or property
damage that may result from Volunteer's Activities with Texas Stallions Track
Club, whether caused by the negligence of Texas Stallions Track Club or its
officers, directors, employees, or agents or otherwise. Volunteer
covenants not to bring any action against Texas Stallions Track Club for any
such injury or damage. Volunteer also understands that Texas Stallions
Track Club does not assume any responsibility for or obligation to provide
financial or other assistance including but not limited to medical, health or
disability insurance in the event of injury or illness.
2. MEDICAL TREATMENT: Volunteer does
hereby release and forever discharges Texas Stallions Track Club from any claim
whatsoever which arises or may hereafter arise on account of any first aid,
treatment, or service rendered in connection with the Volunteer's Activities
with Texas Stallions Track Club. Volunteer authorizes Texas Stallions
Track Club to act, in its best judgment, on Volunteer's behalf in case of an
emergency.
3. ASSUMPTION OF THE RISK: The Volunteer understands
that the Activities may include work that may be hazardous to the Volunteer,
including, but not limited to, organizing, cleaning, preparing meals,
performing yard maintenance, remodeling and rehabilitation of buildings, moving
household furnishings and fixtures, loading and unloading supplies, interacting
with clients and providing clerical support in Texas Stallions Track Club
offices.
Volunteer hereby
expressly and specifically assumes the risk of injury or harm in the Activities
and releases Texas Stallions Track Club from all liability for injury, illness,
death, or property damage resulting from the Activities.
4. VOLUNTARY SERVICE: Volunteer
understands and acknowledges that he/she may decline any volunteer role or
position at any time if he/she feels such role or position presents a risk to
health or safety or for any other reason. Volunteer agrees to advise
Texas Stallions Track Club of any preexisting conditions that would preclude
involvement in any activity.
5. INSURANCE: The Volunteer
understands that, except as otherwise agreed upon by Texas Stallions Track Club
in writing, Texas Stallions Track Club does not carry or maintain health,
medical, disability or Workers Compensation insurance coverage for any
volunteer.
6. OTHER: Volunteer
expressly agrees that the Release is intended to be as broad and inclusive as
permitted by the laws of the State of Texas, and that this Release shall
be governed by and interpreted in accordance with the laws of the State
of Texas. Volunteer agrees that in the event that any clause or provision
of this Release 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 of this Release which will continue to be
enforceable. Volunteer represents that he/she is 18 years of age or
older.
PHOTOGRAPHIC RELEASE: Volunteer does hereby grant and convey unto Texas Stallions
Track Club all right, title and interest in any and all photographic images and
video or audio recordings made by Texas Stallions Track Club during the
Volunteer's Activities with Texas Stallions Track Club, including, but not
limited to, any donations, proceeds, or other benefits derived from such
photographs or recordings.
