This RELEASE AND WAIVER OF LIABILITY (the release;) is executed by
_________________ [NAME OF VOLUNTEER] (“I” or “me”) in favor of Heartland Humane
Society, a South Dakota non-profit corporation, as well as its directors, officers, employees,
volunteers, and agents (collectively, “HHS”).
I have volunteered to assist HHS with the care of animals and/or maintenance of its
facilities. (the “Volunteer Activity”).
I understand that my participation in the Volunteer Activity is voluntary.
In exchange for being allowed to participate in the Volunteer Activity, and for other
good and valuable consideration, the receipt and sufficiency of which I acknowledge, I hereby
freely, voluntarily, and without duress execute this Release and agree to the following terms:
1. Assumption of Risk. I am aware and understand that unexpected injuries and adverse outcomes can result from working with or near animals in a shelter facility. I understand the risks to me that are inherent in the Volunteer Activity, and I have considered those risks. I
hereby expressly and specifically assume such risks, including any and all risk of injury, harm, or
loss that I may incur as a result of my participation in the Volunteer Activity.
2. Release and Waiver. I hereby fully and forever release and discharge HHS from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, that may arise from my participation in the Volunteer Activity. I agree not to
make or bring any such claim or demand against HHS, and fully and forever release and discharge HHS from liability under such claims or demands.
I UNDERSTAND THAT THIS RELEASE DISCHARGES HEARTLAND HUMANE SOCIETY FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST HEARTLAND HUMANE SOCIETY WITH RESPECT TO
ANY INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT TO ME FROM THE VOLUNTEER ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF HEARTLAND HUMANE SOCIETY OR OTHERWISE.
3. Photographic Release. I understand and agree that during the Volunteer Activity I may be photographed and/or videotaped by HHS for internal and/or promotional use on HHS’s social media channels. I hereby grant and convey to HHS all right, title, and interest, including but not limited to, any royalties, proceeds, or other benefits, in any such photographs or
recordings, and consent to HHS’s use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.
4. Miscellaneous. I hereby agree that this Release represents the full understanding between HHS and me and supersedes all other prior agreements, understandings, representations, and warranties, both written and oral, between us, with respect to the subject matter of this Release. If any term or provision of this Release is held invalid, that term or provision shall be
deemed modified so as to be valid and enforceable to the full extent permitted. This Release is binding on and inures to the benefit of HHS and me and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Release shall be governed by and interpreted under South Dakota law without any reference to any choice of law doctrine.
5. Electronic Signature. I agree that my electronic signature or a signature transmitted via PDF file shall be deemed to be an original signature on this Release.
BY SIGNING THIS RELEASE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE
RIGHT TO SUE HEARTLAND HUMANE SOCIETY.
(INSERT NAME:)
