This Waiver and Release is executed on the date entered below by the undersigned (the “Volunteer”) in favor of the Loaves and Fishes of Clarksville, its elected officials, officers, employees, agents, and the like (collectively the “Loaves and Fishes of Clarksville”). Volunteer freely, voluntarily, without duress and for good and valuable consideration including Volunteer’s ability to act in conjunction with the missions of Loaves and Fishes of Clarksville and/or its sponsored events or activities, executes this Waiver and Release under the following terms and conditions:
1. Indemnification. Volunteer, who has declared that they are 18 years of age or older, agrees on behalf of Volunteer and Volunteer’s heirs, assigns and the like, to hold harmless, indemnify and defend the Loaves and Fishes of Clarksville, its officers, directors, officials, employees, agents and/or other volunteers from and against any and all liability, loss, damage, expenses, costs (including attorney fees) arising in any way out of Volunteer’s participation with Loaves and Fishes of Clarksville, its sponsored events or activities including, but not limited to, any acts or omissions to act which the Volunteer may commit.
2. Assumption of Risk. Volunteer understands that the activity Volunteer is participating in may involve hazards that are either known or unknown that may subject the Volunteer to the risk of personal injury, death or damage to property. Volunteer hereby expressly and specifically assumes all risk of injury or harm and releases the Loaves and Fishes of Clarksville, its officers, directors, officials, employees, agents and/or other volunteers, from any and all liability for injury, illness, death or property damage resulting therefrom. Volunteer further understands that the Loaves and Fishes of Clarksville does not assume any responsibility for or obligation to provide financial assistance or other assistance to Volunteer including, wages, lost wages, assumed benefits, and/or medical, health, workers compensation or disability insurance in the event of injury or illness. Volunteer warrants and represents that Volunteer has consulted with a medical doctor with regard to Volunteer’s personal medical needs and represents that Volunteer will not engage in any activity for which Volunteer has not received clearance from a medical doctor.
3. Actions Taken. Loaves and Fishes of Clarksville may, but is not obligated to, take any action it considers warranted under the circumstances regarding Volunteer’s health and safety and Volunteer does hereby release and forever discharge Loaves and Fishes of Clarksville, its officers, directors, officials, employees, agents and/or other volunteers from any claims whatsoever which arise or may hereafter arise on account of any first aid, treatment or service rendered in connection with Volunteer’s activities with the Loaves and Fishes of Clarksville.
4. Termination. Loaves and Fishes of Clarksville reserves the right to terminate Volunteer’s service at any time with or without cause or notice. Volunteer acknowledges that Volunteer is not an employee of the same and Volunteer will act in accordance with all applicable standards of conduct while serving.
5. Photographic Release. Volunteer does hereby grant and convey unto Loaves and Fishes of Clarksville any and all right, title and interest in any and all images, video or audio made by Loaves and Fishes of Clarksville during Volunteer’s service, including, but not limited to, royalties, proceeds or other benefits derived therefrom.
6. Volunteer expressly agrees that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of Tennessee. This agreement shall be governed and interpreted by the laws of the State of Tennessee. It is further agreed that nothing in this Waiver and Release shall be construed as a waiver, replacement or forfeiture of any other legal rights and defenses available to Loaves and Fishes of Clarksville. Volunteer agrees that in the event any clause or provision of this Waiver and Release is deemed invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Waiver and Release.