This Release and Waiver of Liability
This Release and Waiver of Liability (the “Release”) is agreed to by the “Volunteer” in favor of Telluride AIDS Benefit, LLC, a nonprofit corporation, their directors, officers, employees, and agents (collectively, “TAB”). The Volunteer desires to work as a volunteer participant for TAB and engage in the activities related to being a volunteer (the“Activities”). The Volunteer understands that the Activities may include but are not limited to, constructing and breaking down theaters and stage areas, working in TAB offices, kitchens, in and around public streets or venues, in theaters, operating machinery including but not limited to vehicles and projectors, and lifting heavy objects. The Volunteer hereby knowingly, freely and voluntarily executes this Release under the following terms:
Release and Waiver: Volunteer does hereby release and forever discharge, defend, indemnify and hold harmless TAB and its successors and assigns from any and all liability, claims, and demands of any kind or nature, either in law or in equity, whether actual or potential, which arise or may hereafter arise from the Activities associated with TAB. Volunteer understands, acknowledges and agrees that this Release discharges TAB from any liability or claim that the volunteer may have against TAB with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Volunteer’s Activities with TAB regardless of legal theory, whether caused by TAB or its officers, directors, employees, or agents or otherwise.
Medical Treatment: The Volunteer also represents that s/he is in good health and there are no special problems associated with Volunteer’s participation in TAB Activities. The Volunteer further 1) authorizes a licensed physician and/or other medical care provider to carry out any emergency medical care for Volunteer 2) authorizes any TAB officer and/or their authorized personnel to call for medical care for the Volunteer or to transport the Volunteer to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agrees that upon Volunteer transport to any such medical facility or hospital that TAB shall not have any further responsibility for Volunteer; 4) agrees to pay all costs associated with the medical care and related transportation provided for Volunteer and 5) shall indemnify and hold harmless TAB from any and all liability and/or claims associated with such medical care and/or related transportation. Volunteer understands that TAB shall not assume any responsibility for, or have any 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 suffered by TAB Volunteer.
Assumption of the Risk: The Volunteer understands that the Activities includes work that may be hazardous and possibly dangerous to the Volunteer, including, but not limited to, construction, loading and unloading, and transportation to and from the work sites. Volunteer hereby expressly and specifically and knowingly assumes the risk of injury or harm in the Activities and releases defends and indemnifies TAB from all liability for injury, illness, death, or property damage resulting from the Activities. Pursant to Colorado Law, the Volunteer understands and agrees that s/he is specifically exeluded from receiving any Workman’s Compensation benefits for participation in the Activties. The Volunteer understands that TAB may discontinue Volunteer’s participation in the Activities for any reason at all at TAB’s sole discretion.
Insurance: The Volunteer understands that, except as otherwise agreed to by TAB in writing, TAB does not carry or maintain health, medical, or disability insurance coverage for any Volunteer. Each Volunteer is expected to obtain his or her own medical or heath insurance coverage.
Photographic Release: Volunteer does hereby grant and convey unto TAB all right, title, and interest in and to any and all photographic images, video images or audio recordings of any kind made by TAB during the Volunteer’s Activities with TAB, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings. By entering into this Agreement Volunteer consents to the usage of such images in the promotion of TAB business efforts and goals.
Other: Volunteer expressly agrees that this Release is intended to be a contract fully binding upon Volunteer and shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of Volunteer andinterpreted in accordance with the laws of the State of Colorado, currently in effect or hereafter adopted. 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. Venue for any dispute related to this Agreement shall be proper in the District Court for San Miguel County, State of Colorado or the Federal District Court for Colorado.