URBAN PARADISE GUILD RELEASE AND WAIVER OF LIABILITY and PHOTOGRAPHIC RELEASE
This Release and Waiver of Liability executed in favor of URBAN PARADISE GUILD (UPG), its directors, officers, employees, volunteers, volunteer staff, interns, agents, partners (including but not limited to UPG funding or supporting partners, foundations, private benefactors, individuals, government agencies, homeowners or educational institutions). The Volunteer, or Parent/Guardian of a Minor Volunteer(s) desires to work as a volunteer for UPG and engage in the activities related to being a volunteer. These activities are not limited to habitat restoration, gardening, nursery and recreation, usually in the outdoors at UPG affiliated events and at all UPG Locations and work sites including but not limited to: Miami-Dade County Parks, Recreation and Open Spaces Dept.; Vizcaya Museum & Gardens, 3251 South Miami Avenue, Miami, Florida 33129; Florida Parks Service and Oleta River State Park, City of North Miami and Arch Creek East Preserve.
The Volunteer (or Parent/Guardian) hereby freely, voluntarily and without duress executes this release under the following terms:
- RELEASE & WAIVER: Volunteer does hereby release and forever discharge and hold harmless UPG and its successors and assigns from any and all liability, claims and demands of whatever kind or nature either in law or in equity, which arise or may hereafter arise from Volunteer’s activities with UPG. Volunteer understands that this release discharges UPG from any liability or claim that the volunteer may have against UPG with respect to any bodily injury, personal injury, illness, death or property damage that may result from “Volunteer” activities with UPG whether caused by the negligence of UPG or its officers, directors, employees, agents or partners.
- Volunteer also understands that UPG does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance in the event of injury or illness. UPG does not have liability insurance.
- MEDICAL TREATMENT: Volunteer agrees to report any injury to the UPG Location Manager or personal supervisor immediately. Volunteer does hereby release and forever discharge UPG 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
- ASSUMPTION OF RISK: The Volunteer understands that the activities include work that may be hazardous to the Volunteer, including, but not limited to, invasive plant eradication, planting, digging with picks and shovels, cutting with saws and loppers, using specialized tools and gear, boating, camping, fishing, cooking, hiking, bike-riding, swimming, skin-diving, and transportation to and from work sites which may be located on or near open water. Volunteer hereby expressly and specifically assumes the risk of injury or harm in the activities and release UPG from all liability for injury, illness, death, or property damage resulting from the activities.
- ALLEGIES/ALLERGENS: Volunteer acknowledges that there is some risk of exposure in habitat or human activities to plants or agents to which Volunteer is allergic. Volunteer understands that she/he is solely responsible for disclosing to UPG any known allergies or health conditions that may interfere or impact Volunteer’s ability to work with UPG. Volunteer acknowledges that she/he is solely responsible for being aware of sources of allergens and avoiding exposure to them. (Examples of allergens or agents include but are not limited to: bees, poison ivy, nuts and other foods).
- CHILDCARE: Unless specifically stated, UPG does not provide child care. Children not directly supervised by a parent or guardian are attested to be mature enough to take responsibility for their own safety and follow directions.
- TOOLS: Except where indicated, all tools are property of Volunteer acknowledges that improper use of tools can be hazardous. Volunteer agrees not to use any tools that UPG staff has not trained them to use, and to follow training to avoid practices that could damage people, tools, wildlife, and native vegetation. Damaged tools shall be reported immediately.
- INSURANCE and HEALTH: The Volunteer understands that UPG does not carry or maintain health, medical or disability insurance coverage for any volunteer. Each volunteer is expected and encouraged to obtain his or her own medical or health insurance coverage. The Volunteer attests to being healthy enough for physical activity, and to govern the strenuousness of it to avoid harm.
- PHOTOGRAPHIC and VIDEO RELEASE: Volunteer does hereby grant and convey unto UPG all right, title and interest in any and all photographic images and video or audio recordings made by UPG during the Volunteer’s Activities with UPG, including, but not limited to, any royalties, proceeds or other benefits derived from such photographs or recordings.
- PARTNER FORMS: UPG Locations and Sites may be owned by government agencies or private parties who may require that official forms be filled out. The Volunteer agrees to comply with all applicable laws and sign all required forms. There may be specific rights and responsibilities with these Partners. Miami-Dade County and Florida State Parks offer Workman’s Compensation to Volunteers who fill out proper paperwork (most others do not).
Miami-Dade County Parks require a no-fee background check for adults who repeat-Volunteer, but not minors (State and City do not).
11. OTHER: Volunteer expressly agrees that this release is intended to be as broad and inclusive as permitted by the laws of the State of Florida and that this release shall be governed by and interpreted in accordance with the laws of the State of Florida. 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.