I am reitred and would like to volunteer for various civic events. Each time I initiate the volunteer process, I am asked to sign a waiver of liability. I understand the need for protection from frivilous lawsuits. However, I am concerned about signing away legal rights. I am amazed that thousands of local volunteers sign these waivers. Am I over reacting or should this be a real concern?
I have listed two samples.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT ("AGREEMENT")
IN CONSIDERATION of being permitted to participate in any way in the 2008 U. S. Olympic Team Trials - Diving activity ("Activity") I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of 2008 U. S. Olympic Team Trials - Diving Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
2. FULLY UNDERSTAND that: (a) 2008 U. S. Olympic Team Trials - Diving ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Indiana Sports Corporation, Indiana University Purdue University at Indianapolis (IUPUI), USA Diving, the US Olympic Committee, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessers of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHUR AGREE that if, despite this RELEASE AND WAVIER OF LIABILITY, ASSUMPTION OR RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
I ACCEPT THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT AND HAVE ACCPTED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
PRINTED NAME:
ADDRESS:
(Street) (City) (State) (Zip)
PHONE:
PARTICIPANT'S SIGNATURE (only if age 18 or over):
DATE:
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500 Festival
I understand that my participation as a volunteer for the 500 Festival can expose me to both known and unanticipated risk. In consideration for being allowed to participate in the events I hereby assume all risk of injury and or loss of property and waive any rights I might have to compensation.
I do hereby and release the 500 Festival, their sponsors, Indianapolis Motor Speedway (IMS), The Westin Indianapolis, their employees, agents or representatives and anyone else associated with the 500 Festival, even if caused by the negligence of any and all of the released parties. I agree to indemnify and hold harmless and release party from any cost or damage including attorney fees as a result of my violation of the Release and Waiver of Rights. This indemnification shall apply even if any or all of the release parties cause my injury or loss by their negligence. I also consent to allow my picture or likeness to appear in any IMS or 500 Festival document, sponsor advertisement and/or television coverage without any compensation to me.
I have listed two samples.
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND PARENTAL CONSENT AGREEMENT ("AGREEMENT")
IN CONSIDERATION of being permitted to participate in any way in the 2008 U. S. Olympic Team Trials - Diving activity ("Activity") I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree, and represent that I understand the nature of 2008 U. S. Olympic Team Trials - Diving Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
2. FULLY UNDERSTAND that: (a) 2008 U. S. Olympic Team Trials - Diving ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Indiana Sports Corporation, Indiana University Purdue University at Indianapolis (IUPUI), USA Diving, the US Olympic Committee, their respective administrators, directors, agents, officers, members, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessers of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHUR AGREE that if, despite this RELEASE AND WAVIER OF LIABILITY, ASSUMPTION OR RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
I ACCEPT THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ACCEPTING IT AND HAVE ACCPTED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
PRINTED NAME:
ADDRESS:
(Street) (City) (State) (Zip)
PHONE:
PARTICIPANT'S SIGNATURE (only if age 18 or over):
DATE:
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500 Festival
I understand that my participation as a volunteer for the 500 Festival can expose me to both known and unanticipated risk. In consideration for being allowed to participate in the events I hereby assume all risk of injury and or loss of property and waive any rights I might have to compensation.
I do hereby and release the 500 Festival, their sponsors, Indianapolis Motor Speedway (IMS), The Westin Indianapolis, their employees, agents or representatives and anyone else associated with the 500 Festival, even if caused by the negligence of any and all of the released parties. I agree to indemnify and hold harmless and release party from any cost or damage including attorney fees as a result of my violation of the Release and Waiver of Rights. This indemnification shall apply even if any or all of the release parties cause my injury or loss by their negligence. I also consent to allow my picture or likeness to appear in any IMS or 500 Festival document, sponsor advertisement and/or television coverage without any compensation to me.
