FEEDING THE LONE STAR, INC.
PARTICIPANT WAIVER, RELEASE, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
BY SIGNING THIS AGREEMENT, I AM RELEASING LEGAL CLAIMS, INCLUDING CLAIMS BASED ON ORDINARY NEGLIGENCE. I UNDERSTAND THIS AFFECTS MY LEGAL RIGHTS.
In consideration of being allowed to participate in activities with Feeding the Lone Star, Inc., including but not limited to volunteer work, food collection, food storage, food handling, packing, loading, unloading, setup, cleanup, delivery, distribution, and related activities, I agree as follows:
1. Assumption of Risk. I understand that participation may involve risks, including but not limited to lifting, carrying, loading, unloading, food handling, slips, falls, cuts, strains, back injuries, equipment use, carts, shelving, refrigeration equipment, vehicle activity, allergens and illness. I voluntarily participate and assume these risks, including risks arising from the acts, omissions, or negligence of other participants, volunteers, donors, recipients, members of the public, or any Released Party.
2. Release. To the fullest extent permitted by law, I release Feeding the Lone Star, Inc., its officers, directors, employees, volunteers, agents, representatives, sponsors, donors, partner organizations, landlords, property owners, and facility operators (“Released Parties”) from any and all claims, injuries, losses, damages, costs, or liabilities arising out of or related to my participation, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, BUT NOT CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF A RELEASED PARTY.
3. Indemnity. To the fullest extent permitted by law, I agree to defend, indemnify, and hold harmless the Released Parties from any claims, injuries, losses, damages, costs, expenses, or attorney’s fees arising out of or related to my own acts or omissions, my violation of instructions or safety rules, my damage to property, my damage to any person, equipment, facility, or premises, or any claim brought by or on behalf of any minor for whom I sign, INCLUDING CLAIMS ALLEGING ORDINARY NEGLIGENCE BY A RELEASED PARTY, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF A RELEASED PARTY.
4. Medical Condition and Emergency Care. I certify that I am physically able to participate and do not have any condition that makes participation unsafe. I authorize reasonable emergency medical care if needed, including first aid, CPR, emergency medical transportation, and the sharing of relevant medical information with emergency or medical personnel and understand that I am responsible for my own medical expenses.
5. Photo, Video, and Publicity Release. I authorize Feeding the Lone Star to use my name, image, likeness, photograph, video, or recording in connection with Feeding the Lone Star’s charitable, promotional, fundraising, educational, website, social media, and publication activities, without compensation, unless I notify Feeding the Lone Star in writing that I do not consent to such use.
6. Texas Law; Severability; Future Activities. This agreement is governed by Texas law. If any part is found unenforceable, the rest remains effective. This agreement applies to today’s activities and future Feeding the Lone Star activities unless revoked in writing.
IF PARTICIPANT IS UNDER 18:
7. Parent/Guardian Agreement. If the participant is under 18, the parent or legal guardian signing below signs both individually and on behalf of the minor. The parent or legal guardian represents that he or she has legal authority to sign for the minor and consent to the minor’s participation. To the fullest extent permitted by law, the parent or legal guardian releases the Released Parties from any claims belonging to the parent or guardian arising out of or related to the minor’s participation, including claims for medical expenses, loss of services, emotional distress, and other derivative claims, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY, BUT NOT CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF A RELEASED PARTY. The parent or legal guardian also agrees to defend, indemnify, and hold harmless the Released Parties from any claims brought by or on behalf of the minor arising out of or related to the minor’s participation, INCLUDING CLAIMS ALLEGING ORDINARY NEGLIGENCE BY A RELEASED PARTY, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF A RELEASED PARTY.
8. Minor Medical Authorization and Supervision. If the participant is under 18, the parent or legal guardian authorizes Feeding the Lone Star to obtain reasonable emergency medical care for the minor if needed, including first aid, CPR, emergency medical transportation, and the sharing of relevant medical information with emergency or medical personnel and agrees that the parent or guardian is responsible for the minor’s medical expenses. The parent or legal guardian agrees that the minor must follow all instructions and safety rules and must remain in authorized areas. Feeding the Lone Star may refuse or stop the minor’s participation if the minor’s conduct, condition, or lack of supervision creates a safety concern.
