Liability Waiver
All participants at harvests sponsored by Salem Harvest must agree to the terms of the document shown below. This happens when they sign up for harvests online and is done by checking a box indicating that they have read this liability waiver and another indicating that they will follow its terms. Volunteers will not be given the harvest address or be added to the roster unless they have done so.
RELEASE AND WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT
READ THIS AGREEMENT CAREFULLY BEFORE CHECKING OFF THE BOXES BELOW. CHECKING THE BOXES BELOW INDICATES YOU HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF THIS AGREEMENT. BY CHECKING THE BOXES, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE.
In consideration of being given the opportunity to participate voluntarily in harvest events organized by Salem Harvest, an Oregon nonprofit corporation ('Salem Harvest'), I hereby agree to the following:
1. HARVEST ACTIVITY. I understand that the harvest events in which I voluntarily choose to participate will involve entering onto privately owned or publicly owned real property (the 'Premises') to harvest fruit and/or vegetables (the 'Activity'). The Activity may involve risks, further described below. I agree that this Release and Waiver of Liability and Indemnification Agreement (the 'Agreement') will remain in effect for all Salem Harvest activities in which I participate.
2. RELEASE AND WAIVER OF LIABILITY. I release, discharge, and covenant not to sue (A) Salem Harvest or any of its employees, volunteers, harvest leaders, independent contractors, agents, owners, officers, directors, shareholders, and subsidiaries; and (B) the owner of the Premises or any of its employees, independent contractors, agents, owners, officers, directors, shareholders, members, and subsidiaries (hereinafter the 'Released Parties') for any losses, liabilities, damages, claims, demands, expenses, or costs that I may incur and which arise out of or are related to my participation in the Activity, the condition of the Premises, or any act, omission, or negligence of the Released Parties.
3. RISKS. I acknowledge that there are risks and dangers associated with entering onto the Premises and participating in the Activity. These risks and dangers include, but are not limited to, the following: food-borne illnesses, serious physical injury, death, and damage to my property which may arise from falling branches or fruit; insect bites or stings; dog bites; conditions on the Premises including uneven ground, ditches, and chemicals; carrying heavy objects like tools or produce; the presence, use, and condition of equipment, trucks, power equipment, ladders, and all-terrain vehicles (ATVs); my own actions or inactions; the actions or inactions of other participants; and the negligence of the Released Parties (the 'Risks'). I assume and accept the Risks and all responsibility for any losses, liability, damages, claims, demands, or costs that I may incur as a result of or related to my participation in the Activity.
4. INDEMNIFICATION. I further agree that if, despite this Agreement, I or anyone on my behalf, makes a claim against any of the Released Parties, I will indemnify, save, and hold harmless each of the Released Parties from losses, liability, damages, claims, demands, expenses, or costs that any of the Released Parties may incur as a result of any such claim. I agree to indemnify, save, and hold harmless each of the Released Parties from losses, liability, damages, claims, demands, expenses, or costs that any of the Released Parties may incur as a result of my participation in the Activity.
5. RULES AND INSTRUCTIONS. I agree to follow all policies, rules, regulations, and instructions of Salem Harvest’s volunteers and agents with respect to my participation in the Activity. I further agree that while participating in the Activity I will refrain from conducting the Activity in an unlawful manner. I recognize that violations may result in my immediate expulsion from the Premises and revocation of the privileges given to me by Salem Harvest to participate in the Activity.
6. REVOCATION OF RIGHT TO PARTICIPATE. Salem Harvest may, at any time, with or without cause, revoke my right to volunteer for or participate in Salem Harvest events and activities.
7. RELEASE FOR PUBLICATIONS. I consent to Salem Harvest taking my picture and using my picture, image, likeness, voice, or name. Salem Harvest may use my voice, picture, image, likeness, and name in any manner or form, for any lawful purpose, at any time. I waive any right that I may have to inspect or approve the finished product or any rights I may have with regard to my image, likeness, voice, or name.
8. BINDING EFFECT. This Agreement is binding on and inures to the benefit of the parties and their respective heirs, next of kin, spouse, agents, personal representatives, successors, and assigns.
9. AMENDMENTS. This Agreement may be amended only by an instrument in a signed writing executed by me and Salem Harvest, which writing must refer to this Agreement.
10. CONSTRUCTION. The captions used in this Agreement are provided for convenience only and will not affect the meaning or interpretation of any provision of this Agreement. All references in this Agreement to 'Section' or 'Sections' without additional identification refer to the Section or Sections of this Agreement. All words used in this Agreement will be construed to be of such gender or number as the circumstances require. Whenever the words 'include' or 'including' are used in this Agreement, they will be deemed to be followed by the words 'without limitation.'
11. ELECTRONIC SIGNATURES. Electronic transmission or signatures of any document, and retransmission of any electronically signed transmission, will be the same as delivery of an original. At the request of Salem Harvest, I agree to confirm electronically transmitted signatures by signing an original document.
12. FURTHER ASSURANCES. I agree to execute and deliver such other documents and to do and perform such other acts and things as any other party may reasonably request to carry out the intent and accomplish the purposes of this Agreement.
13. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict-of-laws principles.
14. ATTORNEY FEES. If any arbitration, suit, or action is instituted to interpret or enforce the provisions of this Agreement, to rescind this Agreement, or otherwise with respect to the subject matter of this Agreement, the party prevailing on an issue will be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in the preparation, prosecution, or defense of such arbitration, suit, or action as determined by the arbitrator or trial court, and, if any appeal is taken from such decision, reasonable attorney fees as determined on appeal.
15. VENUE. Any action or proceeding seeking to enforce any provision of this Agreement or based on any right arising out of this Agreement must be brought against any of the parties in Marion County Circuit Court of the State of Oregon or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue.
16. SEVERABILITY. If any provision of this Agreement is deemed to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Agreement will not be impaired in any way.
17. ENTIRE AGREEMENT. This Agreement (including the documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
I HAVE READ THIS AGREEMENT. I CERTIFY THAT I AM OF LEGAL AGE AND CAPACITY TO ENTER INTO THIS AGREEMENT (OR THAT MY PARENT/GUARDIAN HAS CONSENTED AND AGREED TO THE TERMS OF THIS AGREEMENT BELOW). I FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ENTERING INTO THIS AGREEMENT BY CHECKING THE BOXES BELOW. I AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
PARENT/GUARDIAN WAIVER FOR MINORS. I understand that a parent or guardian MUST sign this release on behalf of each participating minor (under the age of 18 years of age).
I VERIFY THAT I AM THE PARENT/GUARDIAN AND/OR HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE MINOR(S). I AGREE TO BE BOUND BY ITS TERMS. I ACCEPT FULL RESPONSIBILITY FOR ALL MEDICAL EXPENSES INCURRED AS A RESULT OF THE MINOR(S)’ PARTICIPATION IN THE ACTIVITY OR ENTRY ON THE PREMISES, AND I AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIM BROUGHT BY, OR ON BEHALF OF THE MINOR(S). I AGREE TO SAVE AND HOLD HARMLESS AND INDEMNIFY RELEASED PARTIES FROM ALL LIABILITY, LOSS, CLAIM, DAMAGE, OR COSTS WHATSOEVER WHICH MAY ARISE BECAUSE OF ANY LACK OF AUTHORITY OR CAPACITY FOR ME TO ACT OR BIND THE MINOR(S) TO THIS AGREEMENT OR OTHERWISE RELEASE THE RELEASED PARTIES ON BEHALF OF THE MINOR(S) AND THE PARENT OR LEGAL GUARDIAN. RELEASE AND WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT READ THIS AGREEMENT CAREFULLY BEFORE CHECKING OFF THE BOXES BELOW. CHECKING THE BOXES BELOW INDICATES YOU HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF THIS AGREEMENT. BY CHECKING THE BOXES, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE.
