Release and Waiver of Liability Agreement for Current Volunteers
Release and Waiver of Liability Agreement
This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release”) is made and provided by the person signing below (“Participant”), who is being permitted to participate in transportation services to and from public locations (“Ride Services”) operated by Senior Access TX (“Organization”) and members of the public who volunteer their time and/or vehicles (“Volunteers”), including the use of vehicles owned by Organization, by third parties, Volunteers, and members of the public (“Vehicles”). The Participant desires to participate in Ride Services. Participant acknowledges and agrees that entering into this Release is required as a condition to participating in Ride Services. This Release shall be effective on the date of its execution and delivery by Participant.
In consideration of Organization permitting Participant to participate in Ride Services, the undersigned, on behalf of himself/herself, his/her personal representative, heirs, and next of kin, hereby stipulates and agrees:
1. ACKNOWLEDGMENT AND ASSUMPTION OF RISK. Participant understands and acknowledges that because the Ride Services involve riding in a shared vehicle on the open road, the Ride Services involve inherent risks and are dangerous, and that he or she may suffer illness or may sustain serious bodily injury, including temporary or permanent disability, paralysis and death, as well as property damage. Such risks and dangers may be caused by the Participant’s own actions or inactions, the actions or inactions of others partakers in the Ride Services, the actions of inactions of volunteers or third parties, the condition of the Vehicles, adverse weather conditions, or the negligence of the Released Parties (as defined in Section 3 of this Release). Participant also acknowledges that any injuries he or she may sustain may be compounded or increased by negligent or delayed rescue operations or procedures of the Released Parties. Participant further acknowledges there may be other risks and economic losses, which may be known to the Participant or may be unforeseeable, that are presented by participation in the Ride Services. PARTICIPANT VOLUNTARILY AND FREELY ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO ENTRY, USE, AND EXIT OF THE VEHICLES AND PARTICIPATION IN THE RIDE SERVICES OPERATED BY ORGANIZATION, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
2. PARTICIPANT’S REPRESENTATIONS. Participant acknowledges and represents that: (1) Participant is not currently experiencing symptoms of Covid-19, including fever, cough, and shortness of breath; (2) Participant is generally in good health and free from known contagious diseases; (3) Participant will at all times wear a seat belt if available and make use of all other applicable safety equipment while participating in the Ride Services as a driver, passenger, or spectator; (4) Participant shall at all times follow all the rules and regulations for the Ride Services and the Vehicles, as may be established or modified by the Organization and its staff and volunteers; (5) Participant has informed himself or herself about the current risk of Covid-19 in the State of Texas and the local community, as well as its signs and symptoms through his or her own investigation; and (6) Participant has fully read and understands each of the provisions of this Release, and prior to signing this Release had the opportunity to consult with an attorney.
3. RELEASE FROM LIABILITY. Participant hereby agrees, on behalf of himself or herself, and his or her heirs and personal representatives, to fully and forever discharge and release Organization and Volunteers, their affiliates, and their respective partners, agents, operators, managers, employees, and representatives, other drivers, owners of other vehicles participating in the Ride Services, and rescue personnel (“Released Parties”) from any and all claims Participant may have or hereinafter have for any infection or illness from Covid-19, injury, temporary or permanent disability, death, damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Participant’s use of the vehicles and participation in the Ride Services, whether caused by the negligence of the Released Parties or by any other reason. Participant acknowledges and agrees that this Release is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by the Participant while using the Vehicles or in any way related to the Ride Services and associated activities.
4. COVENANT NOT TO SUE. Participant agrees, for himself or herself, and all of his or her heirs and legal representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for
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damages or cause of action against the Released Parties which Participant or his or her heirs or legal representatives may have as a result of any personal injury, death or property damage the Participant may sustain while using the Vehicles or participating in the Ride Services and associated activities.
5. INDEMNIFICATION. Participant hereby agrees to defend, indemnify and hold harmless the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of Participant’s involvement in any of the activities associated with Ride Services or Participant’s use of the Vehicles, whether caused by the negligence of Released Parties or otherwise.
6. NO DUTY TO SUPERVISE. Participant acknowledges and agrees that he or she is aware that the Released Parties have no duty to supervise the activities of any participant or Volunteer in the Ride Services, or any other person within the Vehicles. The Released Parties assume no responsibility or liability for the acts or omissions of any such persons.
7. Governing Law and Venue. This Release agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law of such state. Participant agrees that any action arising out of this Release must be brought exclusively in any state or federal court located in Travis County, Texas.
8. Waiver. No waiver of any term or right in this Release shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
9. Survival. Any provision of this Release providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
10. Compliance with Laws. In the performance of the terms of this Release, use of the Vehicles and participation in the Ride Services, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
11. Severability. If any provision or portion of this Release shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
12. Entire Agreement; Modification; Binding Effect. This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND ENTER THIS AGREEMENT FREELY AND VOLUNTARILY.
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