VOLUNTEER WAIVER AGREEMENT
This Agreement is made by and between the Volunteer and Sharingwell Foundation, Inc. AND Sharingwell, Inc. (hereafter Organizations)
Further, this volunteer agreement is effective as of the date attested on the Sharingwell, Inc. Event online volunteer registration page indicating as such,
The Volunteer is willing to donate their time and services to the Organizations, in turn the Organizations is willing to accept such time and service by the Volunteer.
In consideration of the above, the parties hereby agree to the following terms and conditions,
1. Services. Volunteer may support Organizations during time of volunteering services including any tasks indicated on the Organizations web site from time to time as related to the respective event a Volunteer volunteers.
2. Wages. The volunteer understands the services provided will be a donation and under no circumstances will expect wages, salary, or benefits from the Organizations for the services provided within this volunteer agreement.
3. Supervision. The Volunteer should report to the Organizations representative provided during Volunteer registration, Volunteer training or in lieu of designation, ask an event organizer on the day of the event to receive instruction and guidance regarding Volunteer service details.
4. Employment. The Volunteer understands they are under no terms considered an employee of the Organizations. Furthermore, the Organizations acknowledges the Volunteer is not an employee and may provide services at free will. The Volunteer will receive no employee benefits including disability, pay, workman’s compensation, or severance pay.
5. Liability. The Volunteer agrees to indemnify and hold the Organizations, its directors, and successors and assigns harmless against any damages related to the Volunteer’s activity and shall not seek claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Volunteer’s work and associated activities with the Organizations.
i. Further, the Volunteer agrees that this Agreement discharges the Organizations from any liability or claim that the Volunteer, may have against the Organizations with respect to bodily injury, personal injury, illness, death, or property damage that may result from participation at the Organizations’s Volunteer site or event. Volunteer also fully understands that the Organizations do 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, illness, death or property damage.
ii. Additionally, Volunteer expressly waives any such claim for compensation or liability on the part of the Organizations beyond what may be offered freely by the representative of the Organizations in the event of such injury or medical expense.
iii. Further, the Volunteer releases the Organizations from any claim whatsoever which arises or may arise in the future on account of any first aid treatment or other medical services that are conducted in connection with an emergency during Volunteer’s time with the Organizations.
iv. Finally, the Volunteer understands volunteering may include various activities that may be hazardous to Volunteer and hereby expressly and specifically assumes the risk of injury or harm in these activities and releases the Organizations from all liability for injury, illness, death, or property damage resulting from the activities of Volunteer time with the Organizations.
6. Jurisdiction. Any and all legal proceedings that may arise from this volunteer agreement shall remain in the jurisdiction of Pennsylvania and county of Bucks. The Volunteer agrees that in the instance of legal proceedings they will cooperate with the Organizations as well as the Organizations’s agents. The Volunteer agrees to provide written notification to the Organizations in the event that an incident takes place while the Volunteer is providing services.
7. Grants and Rights. Volunteer grants and assigns unto the Organizations the right without interest, royalty or compensation whatsoever all rights to create and distribute audio, video or photographic images related to the event that may include a facsimile of Volunteer through both hard-copy medium and digital means from time to time.
8. Term. This volunteer agreement shall begin, end and have a duration as specified within the Organizations Event web site volunteer registration page.
9. Termination. Because the Volunteer is not an active employee, they may terminate this volunteer agreement at any time for any reason they deem necessary. The Organizations may decline to accept the Volunteers time and may terminate this agreement without prior notification.
10. Emergency. In the event that an emergency should occur while the Volunteer is providing services, the Organizations shall contact the Emergency Contact as provided on the Organizations web site volunteer registration page.
11. Severability. If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the Parties herein.
12. Execution. The signatory executing this Agreement represents that he or she is authorized to execute this Agreement on behalf of the Volunteer. Wherein Volunteer is NOT 18 YEARS OF AGE at time of execution, this Agreement MUST BE executed by both VOLUNTEER and “Legal Guardian” wherein Legal Guardian is bound to this Agreement and assumes all liability as indicated herein as representative of Volunteer WITHOUT any participation whatsoever in Volunteer tasks or activities.
Christine Englehardt Memorial Event Participant Assumption of Risk, Waiver of Liability and Charitable Contribution Agreement
This Agreement is effective as of the date attested on the Sharingwell, Inc. (hereafter Sharingwell) Event online registration page indicating as such or paper Agreement form as applicable.
WHEREAS, The Christine Englehardt Memorial, The Christine Englehardt Memorial Event, The Christine Englehardt Memorial 23 Event, hereinafter referred to collectively as CEM23 entity; and
WHEREAS, CEM23 plans to hold an event which may include physical activities for both adults and children including but not limited to standing, walking, running, competitive running or jumping, inflatable obstacle course, inflatable challenges, petting zoo which may include goats, baby goats, sheep, chickens, guinea pig, potbelly pig, doves, mini horse, turtle and alpaca, chance raffles, live music, caricatures, astrology, body art and merchandise vendors; and
WHEREAS, CEM23 is led, directed, and managed by Sharingwell, Inc. (hereafter Sharingwell) and Sharingwell Foundation, Inc. (hereafter Foundation), a non-profit organization, chooses to contract for services by Sharingwell and CEM23 permits the Foundation to collect donations for CEM23 events, activities, merchandise or any other goods or services with intent to disburse net proceeds, after all payments, dues, fees and any other obligations related to CEM23 are paid, to the directed CEM23 designated non-profit recipient; and
WHEREAS, the following entities (A) Sharingwell, its officers, agents, directors, contractors and employees, volunteers, sponsors; (B) Foundation, its officers, agents, directors, contractors and employees, volunteers, sponsors; (C) The Newtown Athletic Club (the event property owners) its officers, agents, directors, contractors and employees, volunteers, sponsors; (D) The non-profit organization Neighborhood Outreach Foundation (the designated event donation recipient hereafter NOF) its officers, agents, directors, contractors and employees, volunteers, sponsors; (E) CEM23 event Sponsors their officers, agents, directors, contractors and employees, volunteers; (F) CEM23 event Vendors, including for equipment and merchandise, their officers, agents, directors, contractors and employees, volunteers; (G) CEM23 event promoters, managers, contractors, organizers or any and every other person participating in or assisting with the event (hereafter referred to collectively as Covered Entities); and
WHEREAS, I intend to attend a CEM23 Event for which I may or may not pay a donation as either a patron or volunteer respectively, hereafter Participant; and
WHEREAS, participating in a CEM23 event as a Participant, is physically and mentally challenging and is a dangerous and hazardous event with inherent risks; and
WHEREAS, the Participant duly executing this herein Agreement agrees to be bound to and binds on behalf including myself, heirs, legal dependents and wards or third parties; and
Now therefore, I as the Participant, do acknowledge, understand, and agree to the terms herein as follows:
I, the undersigned Participant, acknowledge, accept and agree to the potential hazards and hazards as indicated herein for Participant, the inherent danger that which may cause personal injury or loss including but not limited to physical harm or injury, illness, emotional distress, financial loss, property damage, death or other hardship; and
Further, I the Participant, do agree to hold harmless and waive all claims, actions, damages, or liability to the following: CEM23, Covered Entities, Sharingwell, Foundation, and Newtown Township or other event affiliated municipality regarding involvement in a CEM23 event regardless of event participatory involvement whatsoever.
The undersigned, further acknowledges, understands and agrees to the following:
1. Event Risks and Hazards
Participant acknowledges that,
i. Health and Fitness. Participation in the CEM23 event requires good health and physical fitness. It is the responsibility of each participant to ensure that they are in a suitable physical condition to safely engage in the activities associated with the event. By registering and participating in the event, the undersigned represents and warrants that they have self-assessed their own health and fitness level and have determined that they are in good health and physically fit to participate. They further acknowledge that it is their responsibility to consult with a healthcare professional if they have any concerns or medical conditions that may affect their ability to participate. Further, participation in the event involves certain inherent risks and that groups’ physical condition may impact groups’ ability to safely engage in the activities. By participating, the Participant voluntarily assumes all risks associated with the event and release CEM23, Covered Entities, Sharingwell and the Foundation from any liability related to any injuries, damages, or other harm that may arise as a result of participation in CEM23 event. It is important for Participants to evaluate their own health and physical fitness prior to the event and consult with a healthcare professional if needed. By participating, the Participant confirms they have read, understand, and agree to abide by the health and physical fitness requirements outlined herein.
ii. Inflatable Rides and Activities. Participation in inflatable rides and activities involves certain inherent risks and potential for injury. These risks include, but are not limited to, falls, collisions, entrapment, and other injuries that can occur during the use of inflatable structures and activities at CEM23. Further, the Participant voluntarily assumes all such risks.
iii. Live or Prerecorded Music. Live or prerecorded music involves inherent risks. These risks include, but are not limited to, loud noise levels, exposure to potentially sensitive content, and the potential for accidents or injuries related to the performance or equipment used. The groups acknowledge that it is their personal responsibility to take necessary precautions to protect themselves from any potential risks associated with live music performances. This may include using ear protection, maintaining a safe distance from the performance area, and being aware of any specific hazards or conditions related to the performance. Further, the Participant voluntarily assumes all such risks.
iv. Petting Zoo. Participating in activities related to the petting zoo may involve certain risks and potential harm. These risks include, but are not limited to, allergic reactions, bites, scratches, and other injuries that can occur when interacting with animals. Further, the Participant voluntarily assumes all such risks.
v. Games of Chance. Participating in games of chance involve inherent risks. These risks include, but are not limited to, the possibility of financial loss or gain, uncertainty of outcomes, and reliance on chance factors beyond control. The Participant acknowledge that the results and outcomes of games of chance are unpredictable and can vary. There is no guarantee of winning or achieving any particular outcome. The Participant understands that any participation in games of chance is subject to luck and chance. Further, the Participant voluntarily assumes all such risks.
vi. Food, Drink. CEM23 does not provide, sell nor serve food, drinks and/or alcoholic beverages at events or activities. CEM23, Covered Entities, Sharingwell and Foundation are not responsible or liable for any damages to myself, heirs, dependents, or wards that result from the consumption of food, drinks or alcohol by Participants or others to include but not limited to property damage, personal injury, death, disfigurement or loss of consortium.
vii. Facilities and Services. The facilities, which may include including tents, chairs, utilities (such as electricity), and network connectivity, provided by CEM23, Covered Entities, Sharingwell and the Foundation, are provided on an 'as-is' basis without any warranties, expressed or implied. The Participant acknowledges that the condition and performance of these facilities and services may vary, and CEM23, Covered Entities, Sharingwell and the Foundation do not guarantee their suitability, availability, or uninterrupted operation. The Participant agrees to use the facilities and services at their own risk and releases CEM23, Covered Entities, Sharingwell and the Foundation from any liability related to the condition, performance, or any issues arising from their use.
2. Illness, Infectious Disease
Abide by all current rules and guidelines in affect by the State of Pennsylvania, Bucks County Department of Health, and any other governmental body with jurisdiction over the area and/or event. Attendant will not participate if Attendant have been diagnosed with an active case of a communicably infectious disease (hereafter Illness) including but not limited to covid-19 or influenza infection or have a fever or any other Illness conditions. The safety and well-being of the entire community is of utmost priority, and this includes all Participants. Participants further recognize that Sharingwell, Foundation, Newtown Athletic Club, Neighborhood Outreach Foundation, CEM23, Newtown Township, and the Bucks County Department of Health, cannot make any claim and does not have any ability to contain or prevent the spread of an Illness. Participant’s who have concerns, fears, or at high risk for contracting Illness should not attend nor participate in this event. Participant further recognizes and agrees that an Illness pandemic may be a fluid situation, and should guidelines change, it is possible the Bucks County Health Department and/or State of Pennsylvania may cancel this event. Participant knows and accepts that NO DONATION REFUNDS will be issued if the CEM23 event is canceled due to an Illness hardship of any kind WHATSOEVER.
3. Event Cancellation / Refunds
While CEM23 sincerely intends to host an event, any event may be canceled due to unforeseen issues including but not limited to in-climate weather, host location issues including but not limited to loss of power, road closures, required or emergency maintenance causing event obstruction, local, regional or national obstruction or calamity, Acts of God, or any other unforeseen reason. Upon cancelation, the event will not be rescheduled and no donation refunds issued for any reason whatsoever.
4. Donation
Any and ALL contributions provided by Participant to CEM23 including as but not limited to participant or volunteer are considered at will donations and gifts, as they are made without expectation of private benefit in return, to the Foundation which will be disbursed to the designated CEM23 event charitable organization after all CEM23 event expenses are paid as the net proceeds.
5. Media Release
Participant grants permission and agrees to allow Sharingwell, Foundation, and CEM23 the full, free and unconditional use of Participant’s name, quotes Participant may provide related to Sharingwell, CEM23 or an event, event photographs or videos taken in connection with the CEM23 event regardless of source, all for the purposes of producing and promoting future events, products or services.
6. Consent to Treat
I authorize medical support personnel and staff onsite at the CEM23 event to administer such procedures and treatment to me as deemed necessary. I understand that medical support personnel and staff make no guarantees of cure, that I have the right to choose my treatment plan, and that I may refuse any or all treatment suggestions at any time. I further agree to accept complete financial responsibility for any charges related to treatment of an injury or illness sustained as a result of my participation a CEM23 event.
7. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall make a good faith effort to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that most closely achieves the original intent of the parties.
Further, the Participant, agrees not to bring claim, cause of action or request for liability or damages against any Covered Entities. Participant assumes full risk and liability as it relates to the preparation and participation in CEM23 events.
Knowing these facts I, the undersigned, intending to be legally bound for myself, my heirs, executors, administrators, and assigns, and on behalf of my appointed legal guardians and wards covenant not to sue and hereby waive and release any and all rights and claims or liability for death, personal injury, sickness (including covid-19) or property damage of any kind of nature whatsoever that I may now or hereafter have against CEM23, Covered Entities, Sharingwell, Foundation, and Newtown Township their representatives, successors, or assignees for my preparation, attendance and/or participation in this activity. I certify that I am in physical condition for this event and assume all responsibility for my participation.
This online form may be used to execute the Agreement and by entering my name and contact information in the Sharingwell CEM23 event online registration system as part of completing my online CEM23 donation, this serves as a valid and binding signature upon all parties therein with the then completed donation date serving as the executed Agreement date.
However, in specific circumstances where the person executing the Agreement is provided with a paper form Agreement by CEM23 and directed to complete it by CEM23, they may choose to use the paper form instead. By completing either the online form or the paper form, the person executing the agreement agrees to be bound by its terms.
