GENERAL RELEASE AND
WAIVER OF LIABILITY
This GENERAL RELEASE AND WAIVER OF LIABILITY (this “Release”) executed by (“Volunteer”) in favor of THE FOUNDATION FOR INSPIRED LIVING, INC., a New York not-for-profit corporation (the “Foundation”), the Foundation’s members, managers, employees, agents, contractors and subcontractors, and its respective successors and assigns, Raymond A. Cappo and Bridget Kathleen Cappo, their employees, agents, heirs, and assigns (“Cappo”), and Supersoul LLC, d/b/a Supersoul Yoga ™ and Supersoul Farm ™, a New York limited liability company, its members, managers, employees, agents, contractors and subcontractors, and its respective successors and assigns (“Supersoul”) (The Foundation, Cappo and Supersoul are collectively referred to as the “Released Parties”).
WHEREAS, Volunteer desires to work as a volunteer for the Foundation at the premises known as 365 Schillings Crossing Road, East Chatham, New York (the “Premises”) and participate in various activities (the “Volunteer Activities”) for the benefit of the Foundation and to support the Foundation in carrying out its Mission Statement; and,
WHEREAS, Volunteer understands that the Volunteer Activities may include inherently dangerous activities and risks, both known and unknown, including without limitation, constructing, refurbishing, and rehabilitating residential buildings and other facilities both on and off the Premises; clearing and processing of timber, including the chopping of trees and processing of firewood and/or lumber (including the use of axes, chainsaws, and “woodsplitters”); use and exposure to the use of ladders, heavy machinery, power tools, including, but not limited to, table saws, chainsaws, power drills, and pneumatic nail and staplers; being transported to and from work site locations by the Foundation; exposure to domesticated animals including sheep, and wild animals as may be located on or enter onto the Premises; and exposure to and consuming food in the course of such activities.
Volunteer, with full knowledge of his/her rights does hereby freely, voluntarily, and without duress execute this Release under the following terms:
Waiver and Release. Volunteer does hereby agrees to release, indemnify and forever discharge and hold harmless the Released Parties from any and all liability, claims, damages, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Volunteer's participation in the Volunteer Activities and Volunteer’s presence on the Premises or otherwise. Volunteer understands that this Release discharges the Released Parties from any liability or claim that Volunteer may have against the Released Parties with respect to any bodily injury, personal injury, illness, death or property damage that may result from Volunteer's participation in the Volunteer Activities, whether caused by the negligence of the Released Parties or otherwise.
Volunteer also understands that the Released Parties do not assume any responsibility for or obligation to provide financial assistance, including but not limited to medical, health or disability insurance.
Insurance. Volunteer understands that the Released Parties do not carry or maintain health, medical, or disability insurance coverage for any volunteer. Volunteer is expected and encouraged to arrive with medical or health insurance coverage in effect.
Without in any way limiting the foregoing, or any other provision of this Releaser, Volunteer expressly agrees that in no event shall Volunteer look to the insurance carried by any contractor or subcontractor engaged by the Released Parties in connection with any liability, claims, damages or demands asserted by Volunteer.
Medical Treatment. Volunteer does hereby release and forever discharge the Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with Volunteer's participation in the Volunteer Activities or with the decision by any representative or agent of the Released Parties to exercise the power to consent to medical or dental treatment.
Assumption of the Risk. Volunteer understands that the Volunteer Activities may include activities that may be hazardous to Volunteer, and that food, accommodations, equipment and supplies may be donated to the Released Parties and may be beyond the control of the Released Parties. Volunteer hereby expressly and specifically assumes the risk of injury or harm in the activities of Volunteer's participation in the Volunteer Activities.
Waiver of Worker’s Compensation Claims. Volunteer intends to participate as a volunteer in the Volunteer Activities for the benefit of the Foundation, and will receive no compensation or remuneration for services, and hereby agrees and acknowledges that Foundation does not provide worker's compensation insurance for volunteer participants.
Other. Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of New York, and that this Release shall be governed by and interpreted in accordance with the laws of the State of New York. 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 shall continue to be enforceable.
IN WITNESS WHEREOF, Volunteer has executed this Release, as of the day and year written above.