I understand and agree that:
- I desire to freely provide services to The Castro Street Fair, Inc. (“CSF”) because it provides venues in which I can use my talents to serve a community and culture which I value. I understand that I am not eligible to receive compensation of any kind in return for my volunteer services. I understand that under no circumstances will CSF be under any obligation to me and I understand that I am not an employee of CSF. I understand that CSF’s employee benefit programs and Workers’ Compensation insurance do not apply to me.
- Care. I will perform my volunteer services for the Castro Street Fair in compliance with all applicable federal, state and local laws, regulations, and rules. I will perform my volunteer services in a safe, conscientious, and courteous manner so as to cause no injury to myself or others. I will accept supervision and direction from CSF staff, directors, volunteer supervisors, and safety volunteers. I understand that I volunteer at-will, and that either I or CSF may end this volunteer relationship at any time without prior notice. I understand that I may be subject to immediate removal from providing volunteer services, without prejudice to further action by CSF, after the Activities conclude. I will not consume substances with mind- or judgment-altering potential, including but not limited to alcohol, narcotics, prescription medications, or controlled substances, that could or do impair my ability to perform my volunteer duties safely, conscientiously, and courteously.
- I will immediately report any and all potential hazardous conditions and actual injuries of which I become aware in any way while performing my volunteer services to any safety volunteer, volunteer supervisor, CSF staff member or director, or any police or other civic officer nearest my vicinity. I will make such a report no matter what the extent or cause of the potential hazardous condition or actual injury.
- I VOLUNTEER AND PARTICIPATE IN CSF ACTIVITIES AT MY OWN RISK. I UNDERSTAND THAT MANY OF THESE ACTIVITIES HAVE INHERENT RISKS AND DANGERS, INCLUDING BUT NOT LIMITED TO INJURY TO ME, MY PERSON OR PROPERTY, AND THAT AS A CONDITION OF BEING PERMITTED TO VOLUNTEER IN THE ACTIVITIES, I MUST AND HEREBY DO ASSUME AND ACCEPT ALL RISKS OF HARM, LOSS, OR INJURY TO ME, MY PERSON, OR PROPERTY ARISING FROM, RELATING TO OR CONNECTED WITH MY PARTICIPATION IN THE ACTIVITIES OR MY PROVIDING VOLUNTEER SERVICES TO CSF IN ANY WAY.
- I hereby agree to release and hold CSF, the City and County of San Francisco, and their officers, directors, employees, agents, affiliates, contractors, volunteers, managers, sponsors, funders, venues, attendees, public officials, successors and assigns (“Released Parties”) harmless from any and all demands, damages, losses, liabilities, causes of action, lawsuits, attorneys’ fees, and/or claims of every kind or nature, whether known or unknown, in law or equity, including employment claims and the acts or omissions of third parties such as medical providers, arising from or in any way connected with my volunteering services to CSF. This waiver of liability and claims does NOT apply to any acts of gross negligence or intentional, willful, or wanton misconduct on the part of any Released Party. I intend and desire for this waiver and release to be interpreted as broadly as permitted under California law. This Waiver & Release shall continue in full force and effect event after the conclusion of the Activities or my volunteer service. I further agree to defend, indemnify, and hold harmless the Released Parties from any and all third party claims of any kind or nature arising from or related to my volunteer services, acts, or omissions for or on behalf of CSF.
- Confidentiality. While involved with CSF, I may be exposed to valuable information which CSF deems confidential. This may include, but is not limited to, information about CSF’s methods, techniques, “know-how,” merchandising, licensing, vendors, sponsors, directors, personnel, clients, membership, marketing, contracts, formulas, patterns, compilations, intellectual property, and specifically includes all procedures and information related to producing the Activities (“Confidential Information”). I agree that I will not divulge, without CSF’s written consent, the Confidential Information other than as reasonably necessary for CSF’s business operations or to otherwise further CSF’s Mission Statement unless: (a) the information is known to me prior to obtaining it from CSF; (b) the information is, at the time of disclosure by me, then in the public domain; or (c) the information is obtained by me from a third party who did not receive it directly or indirectly from CSF. I agree not to sell, deal in, or otherwise misappropriate the Confidential Information for any reason, including but not limited to adaptation, imitation, or production of similar or competing Activities, except as permitted or encouraged to do so by CSF.
- Recordings. I agree that CSF may photograph, videotape or otherwise record me and my costumes or accessories while I am volunteering for CSF (“Recordings”). I hereby grant CSF a full and complete, non-exclusive, and irrevocable license to reproduce, display, distribute, perform, create derivative works from, license, sub-license and otherwise use such Recordings, in whole or in part, in any media and in any manner throughout the world in perpetuity, including but not limited to promotional materials for any purpose related to CSF without any compensation to me whatsoever. I understand and agree that CSF has no obligation to either create such Recordings or to use any Recordings created pursuant to the terms of this paragraph.
- General Terms. No waiver or amendment of any provision of this Volunteer Agreement will be effective unless in writing. This Agreement shall be deemed to have been executed and delivered within the State of California, and it shall be construed, interpreted, governed, and enforced in accordance with the laws of the State of California, without regard to the State of California’s conflict of law principles. The language in all parts of this Volunteer Agreement shall be construed as a whole in accordance with its fair meaning, not for or against any party, and without regard to any statutes which provide for the language of an agreement to be construed against the drafter. If any provision herein is determined to be unenforceable, that provision shall be severed, and all other provisions shall remain in effect. I consent to the jurisdiction of any federal or state court within the City and County of San Francisco, California. This Volunteer Agreement shall bind and inure to the benefit of the undersigned, CSF, and their respective heirs, fiduciaries, successors and assigns. I warrant that I have not relied upon any promise, representation or warranty, other than as provided herein, in signing this Volunteer Agreement. Faxed or scanned signatures shall be construed to be as valid as originals.
- I SIGN THIS FORM VOLUNTARILY, OF MY OWN FREE WILL AND FREE OF PRESSURE, DURESS, OR COERCION. I HAVE READ THIS ENTIRE FORM CAREFULLY. I UNDERSTAND AND AGREE THAT BY SIGNING THIS VOLUNTEER AGREEMENT, I HAVE GIVEN UP CONSIDERABLE LEGAL RIGHTS. MY SIGNATURE IS PROOF OF MY INTENTION TO EXECUTE A COMPLETE AND UNCONDITIONAL WAIVER & RELEASE OF CSF OF ALL LIABILITY TO THE FULLEST EXTENT OF THE LAW AS SET FORTH HEREIN. I AM OVER 18 YEARS OLD AND I AM MENTALLY COMPETENT TO ENTER INTO THIS AGREEMENT.