1. The Project, related activities and events, and Volunteer's presence upon any Facility involves a risk of potential physical injury, death, psychological injury, and property damage or loss to Volunteer from various sources, including but not limited to slipping, tripping, falling, colliding with other Volunteers, colliding with structures and objects, automobile collisions, theft, theft from vehicles, vandalism, and many other sources. The Project presents its own peculiar risks, which the Volunteer accepts in their entirety by participating in the Project at or upon a Facility.
2. The PFP, City, and its officers, employees, agents, independent contractors, volunteers, sponsoring agencies, advertisers and any third-party owners of the facilities (collectively the "Released Parties") make no representations, promises or guarantees as to the quality, standard, or fitness of the Facility for any purpose whatsoever, including but not limited to walking, driving motor vehicles, parking, or project activities and events.
3. The Released Parties make no representations, promises or guarantees as to the availability, sufficiency, quantity, quality, standard, or fitness of any safety measures that may or may not be present at the Facility, including but not limited to snow clearing, salting, and sanding of parking lots and sidewalks, traffic controls and parking lines, rules, instruction, equipment, personal protective equipment, warning signs, supervision, instruction, first aid, or personnel and devices to promote safety, prevent injuries, or treat injuries.
4. The Released Parties do not assume or undertake any duty of care or safety toward Volunteer, including but not limited to any duty to prevent injury, death, or property damage or loss to Volunteer or to make the Facility reasonably safe for Volunteer's use. The Released Parties expressly disclaim any such duty. Volunteer is solely responsible for his or her own safety and care.
5. Volunteer freely and voluntarily assumes the risks of being present in the Facility, participating in the Project activities and events, and assumes full and sole responsibility for any physical injuries, psychological injuries, death, or property damage or loss to himself/herself or others that may result from Volunteer's presence in the Facility and participation in project activities.
6. Volunteer shall remove himself/herself from any activities, situation, or objects that Volunteer perceives or believes to be dangerous. Volunteer shall comply with the rules of the Facility and any instructions given to the public in general or to Volunteer by any Facility staff or instructor. Volunteer shall take precautions for his or her own safety based upon any warnings given to the public in general or to Volunteer based on signs or warnings from Facility staff or instructors.
7. Volunteer forever releases and waives any and all claims, known and unknown, presently existing or arising in the future, and any suit or action in law or equity against the Released Parties in any court or tribunal, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Volunteer may suffer, related to or caused by the Released Parties, other persons, the facility, or any object, thing, or activity in the Facility.
8. Volunteer shall not file, pursue or prosecute any suit, action or proceeding, in law or in equity, in any court or tribunal, against the Released Parties, based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Volunteer may suffer related to or caused by the Released Parties, other persons, the Facility, the project, or any object, thing, or activity in the Facility.
9. Volunteer shall indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorney’s fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any person or entity based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that Volunteer may suffer, related to or caused by the Released Parties, other persons, the Facility, the Program, or any object, thing, or activity in the Facility.
10. Volunteer shall indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorney’s fees, and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law or equity filed by any person or entity based on contract, tort, statute, violation of civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property damage or loss that any person may suffer, related to or caused by Volunteer or his or her organization through use of the Facility or the conducting of the project.
11. This Volunteer Agreement shall be binding on Volunteer and his or her heirs, personal representatives, executors, assigns, guardians, conservators, next of kin, and attorneys, and shall remain in effect and be applicable to all injury, death, damage or loss arising from any occurrence or incident which occurs prior to cancellation by Volunteer in writing served upon the City by delivery of same to the City of Pueblo, Attn: Pueblo Food Project Coordinator, 1 City Hall Place, Pueblo, Colorado, 81003.