Release: The individual named below (referred to as "I" or "me") desires to participate in various volunteer or other training activities (the "Activities") hosted by Southern Appalachian Wilderness Stewards ("SAWS"). If the volunteer/individual is a minor, the minor’s parent or legal guardian agrees that this PARTICIPATION AND RELEASE OF LIABILITY AGREEMENT will be binding upon the minor and the minor's parent or guardian.
In consideration of being permitted to participate in any Activities, I, on behalf of myself and my heirs, personal representatives, and assigns, expressly forever, irrevocably, and unconditionally release, discharge, and hold harmless, to the fullest extent permitted by applicable law, SAWS and its members, officers, directors, volunteers, employees, representatives, successors, agents, affiliates, and assigns, and their respective heirs, personal representatives, successors, and assigns (collectively, "Releasees"), of, from, and against any and all actions, causes of action, proceedings, claims, complaints, allegations, damages, losses, liabilities, lawsuits, and demands, regardless of the theory on which they may be based (whether contract, equity, tort, fraud, warranty, strict liability, or any other theory of liability or contribution), whether known or unknown, on account of injury, disability, death, property damage (including, without limitation, my own injury, disability, or death, or damage to my property), or any other event or occurrence attributable to, arising or resulting from, or connected with my participation in the Activities, whether arising out of or caused by, directly or indirectly, in whole or in part, any act, omission, or negligence of (a) myself, (b) SAWS, (c) any of the Releasees, (d) any minor with respect to whom I am the parent or legal guardian, or (e) any other person or entity (each, a "Claim" and collectively, the "Claims"). I agree not to bring any Claim against SAWS or any other Releasee, and I forever release and discharge SAWS and all other Releasees from liability under such Claims.
I understand and voluntarily accept that participating in Activities involves risks and dangers of DEATH, SERIOUS PHYSICAL HARM AND PROPERTY DAMAGE AND LOSS ("Risks"). I may be exposed to Risks, foreseen and unforeseen, that are inherent to Activities and cannot be eliminated regardless of the care taken to avoid injuries. These Risks may include, but are not limited to, dangers listed in U.S. Forest Service Job Hazard Analysis (JHA) Forms provided to me, geographic features; weather events (including lightning and mudslides); extremes of temperature; fire (both naturally occurring and human caused); equipment (including dangerous tools used in Activities); falling objects (including equipment and rocks); animals; contaminants; sickness; vehicular traffic; theft, and all other Risks confronted during Activities. I acknowledge that any injuries I sustain may result from or be compounded by the actions, omissions, or negligence of SAWS, including failed emergency response or rescue by SAWS or emergency responders requested by SAWS or others.
I acknowledge that portions of Activities might be conducted or provided in coordination with other entities such-as the U.S. Forest Service and nonprofits not controlled by SAWS ("Third Parties"). I understand that SAWS makes no representations about the suitability, reliability, availability, safety, or timeliness of Third Parties. All of the services comprising Activities, whether provided by SAWS or others. DESPITE THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES, WITH KNOWLEDGE OF THE DANGER INVOLVED, AND I AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF SAWS OR OTHERWISE.
As a participant in Activities, I confirm my understanding that:
• Activities officially begin and end at the location(s) designated by SAWS. Activities do not include transportation to and from Activities, and I am personally responsible for all risks associated with this transportation as well as any decision by me to leave the Activity early or stay past the Activity's conclusion.
• I agree to leave the Activity immediately upon demand by SAWS if I fail to follow safety instructions, tool-use instructions, and land-management rules.
• When Activities occur on U.S. National Forest System lands, I will comply with applicable federal regulations and U.S. Forest Service instructions.
Medical Authorization: I authorize SAWS and its agents, in their sole discretion, to arrange emergency medical treatment for me if I am unable to provide consent due to incapacity. I release SAWS from any liability arising from decisions regarding emergency medical treatment made on my behalf. I acknowledge that I am responsible for all costs of any medical treatment I receive.
Insurance: I understand that SAWS does not provide health or liability insurance coverage for volunteers. I am solely responsible for obtaining and maintaining any insurance I deem appropriate for my participation in Activities.
Volunteer and Training Status Acknowledgment: I understand and voluntarily accept that I will participate solely as a volunteer or recipient of training and not as an employee, paid agent, or contractor of SAWS.
Publicity Release: I understand that my name, photograph, voice, likeness, testimonials, and/or biographical information may be used for any and all purposes, including, but not limited to, advertising, trade, and/or promotion on behalf of SAWS, its licensees, affiliates, suppliers, and employees, and I consent to and authorize in advance all such use. I further understand that I will not benefit financially or otherwise from any use thereof.
Controlling Law: All matters relating to this Release shall be governed by and construed in accordance with the internal laws of North Carolina, without giving effect to any choice or conflict of law provision or rule (whether of North Carolina or any other jurisdiction). Any claim or cause of action arising under this Release may be instituted and prosecuted solely in the state courts located in Buncombe County, North Carolina, or the federal courts in the Western District of North Carolina, and I consent to the exclusive jurisdiction of such courts and waive any and all defenses to venue and jurisdiction over the person.
Job Hazard Analysis: I acknowledge participation in the development of SAWS’ JHA’s “Litter/Garbage Pick Up”, “SAWS Trail Work”, “SAWS Training & Crosscut Saw”, and “SAWS Monitoring & Data Collection” (as applicable) and accompanying emergency evacuation procedures. I understand we will thoroughly discuss these at each event, and I understand the provisions of each of these documents.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE WITH ALL OF THE TERMS OF THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SAWS. I intend my electronic signature and submission of this Release to be fully binding on me. If the volunteer is a minor, the minor’s parent or legal guardian agrees that this Release and Waiver will be binding upon the minor.
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