FOSTER CARE SUPPORT FOUNDATION, INC.VOLUNTEER/STAFF AGREEMENT / RELEASE AND WAIVER OF LIABILITY
NOTICE – THIS IS A LEGAL DOCUMENT THAT CONTAINS A GENERAL RELEASE.It should be read carefully and understood fully before signing.
This Release and Waiver of Liability ("Release") is executed on this ____ day of ______, 20___, by ______("Volunteer/Staff”), intending to legally bind Volunteer/Staff and his or her heirs, administrators, executors, legal representatives, successors and assigns, in favor of Foster Care Support Foundation, Inc., a Georgia nonprofit corporation, (“FCSF”), any association(s) or nonprofit corporation(s) providing or arranging for Volunteer/Staff’s involvement with FCSF, (the “Participating Organization”) and any person or entity that is the recipient of services or work from Volunteer/Staff (“Recipient”), and their respective shareholders, parent and affiliated companies, directors, trustees, officers, employees, staff, members, agents, successors and assigns (individually a “Released Party” and collectively the “Released Parties”).
Volunteer/Staff desires to volunteer/work for FCSF and engage in the activities related to being a volunteer/Staff. Volunteer/Staff understands that the activities may include working at Recipient’s facilities, working in FCSF’s facilities and travel to and from locations where FCSF is performing its services. FCSF is willing to accept Volunteer/Staff as a volunteer/Staff on its projects and allow Volunteer/Staff to be present at Recipient’s facilities or in FCSF’s facilities on the condition that Volunteer/Staff release the Released Parties by signing this Release.
In consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Volunteer/Staff, Volunteer/Staff does hereby freely, voluntarily and without duress execute this Release under the following terms:
1. Waiver and Release. Volunteer/Staff covenants not to sue and does hereby release, forever discharge, defend and hold harmless the Released Parties from any and all liability, claims and demands of whatever kind or nature, either in law or in equity, arising out of or relating to Volunteer/Staff's work or services for FCSF, Participating Organization or Recipient. Volunteer/Staff understands and acknowledges that this Release discharges the Released Parties from any liability or claim that the Volunteer/Staff may have against the Released Parties with respect to any bodily injury, personal injury, illness, death or property damage that may arise out of, occur during or result from Volunteer/Staff's work or services for FCSF, Participating Organization or Recipient, regardless of whether caused in whole or in part by an act or omission of a Released Party. Volunteer/Staff also understands that, except as otherwise agreed to by a Released Party in writing, no Released Party assumes any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to insurance coverage for injury, illness, death, disability or property damage suffered by Volunteer/Staff, a Released Party or by third parties.
2. Medical Treatment. Volunteer/Staff hereby authorizes each employee and staff member of FCSF: (1) to act on Volunteer/Staff’s behalf in securing all appropriate medical treatments and medicines for Volunteer/Staff in the event of injury or illness to Volunteer/Staff; and (2) to act on Volunteer/Staff’s behalf in accepting financial responsibility (which shall be borne solely by Volunteer/Staff) for all treatments and medicines secured for Volunteer/Staff. Volunteer/Staff understands and agrees that any expense will be Volunteer/Staff’s responsibility. Volunteer/Staff hereby releases and forever discharges the Released Parties from any claim whatsoever arising out of or relating to any first aid, medical treatment or medical service rendered in connection with the Volunteer/Staff's work or services for FCSF. Volunteer/Staff understands that, except as otherwise agreed to by a Released Party in writing, the Released Parties do not provide or maintain health, medical or disability insurance coverage for any Volunteer/Staff.
3. Assumption of the Risk. The Volunteer/Staff understands that work or services for FCSF as a volunteer/Staff may include activities that may be hazardous to the Volunteer/Staff, and may, in some situations, involve inherently dangerous activities, including but not limited to strenuous physical activity and/or heavy lifting. Volunteer/Staff hereby expressly and specifically assumes the risk of damage, injury, harm or death in connection with such work or services for FCSF as a volunteer/Staff.
4. Photographic Release. Volunteer/Staff hereby grants and conveys unto FCSF all right, title and interest in any and all photographic images and video or audio recordings (including, but not limited to FCSF’s use in printed materials, presentations, the Internet, television, mailed promotions, exhibits and press releases) made by or for FCSF during Volunteer/Staff’s participation in FCSFs projects, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
5. Confidentiality. Volunteer/Staff agrees to maintain the confidentiality of any Confidential Information disclosed to him/her by FCSF. Confidential Information is information about children or families served by FCSF, or information about FCSF and its operations, finances or business that is not generally known to others. Confidential Information also includes information disclosed to FSCF by third parties that FCSF is obligated to keep confidential.
6. Authority. If Volunteer/Staff is under 18 years of age, this Release must be signed by a Parent or Legal Guardian. The signature of an individual in the Parent/Guardian signature block below certifies that he or she is the Parent or Legal Guardian of Volunteer/Staff with full legal authority to bind Volunteer/Staff and the Parent or Legal Guardian to the terms of this Release.
7. Governing Law. Volunteer/Staff expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the Sate of Georgia, and that this Release shall be governed by and interpreted in accordance with the Laws of the State of Georgia without giving effect to its conflicts of laws rules. Volunteer/Staff 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 shall continue to be enforceable. Volunteer/Staff agrees that the sole and exclusive jurisdiction and venue for litigation between Volunteer/Staff and FCSF shall be a state or federal court having jurisdiction over Fulton County, Georgia.
IN WITNESS WHEREOF, Volunteer/Staff has executed this Release as of the day and year first above written.
I SPECIFICALLY ACKNOWLEDGE THAT I PERSONALLY HAVE READ THE PREVIOUS PARAGRAPHS, AND I KNOW, UNDERSTAND, AND APPRECIATE THE RISKS THAT ARE INHERENT IN THE ACTIVITIES I WILL UNDERTAKE AS A VOLUNTEER/STAFF. I UNDERSTAND THAT I AM PERMANENTLY GIVING UP SUBSTANTIAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, MY RIGHT AND THE RIGHT OF MY LEGAL REPRESENTATIVES TO SUE.
Volunteer/Staff’s Signature______
Age as of the date of signing this Release (if under 18) ______
Printed Name ______
Address ______
City/State/Zip ______
Phone: (h) ______(w) ______E-mail:
If Volunteer is under 18 years of age, the Release must be signed by a Parent or Legal Guardian:
Parent/Guardian’s Signature______
Printed Name ______
Address ______
City/State/Zip ______