BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
Organization Name: Multiple Myeloma Canada (the “Charity”) and its directors, officers, employees, instructors, guides, agents, mandataries, representatives, independent contractors, subcontractors, suppliers, sponsors, successors, and assigns (collectively with the Charity, the “Releasees”).
Release of Liability, Waiver of Claims, and Assumption of Risks (“Release Agreement”): I acknowledge the personal benefits accruing to me by reason of my participation (and the participation of my children and wards) as a volunteer for the Charity and in consideration of the Charity agreeing to let me and my children and wards participate as a volunteer in certain Charity activities (the “Charity Activities”), and for other good and valuable consideration, I agree as follows:
Confidential Information: I understand, acknowledge and agree that during my participation as a volunteer with the Charity, I may have access to information and documents relating to the Charity’s clients, donors, volunteers, staff or otherwise relating to the activities and affairs of the Charity, that are private and confidential in nature (the “Confidential Information”). I agree that I will only use the Confidential Information to perform my duties as a volunteer and for no other purpose. I will not at any time, without the express written consent of the Charity, disclose to any person or organization the Confidential Information except as required by law. Such obligations shall be in addition to those more particularly set out in any role specific agreement that the Charity may request I sign. This obligation will survive the termination of my participation in the Charity Activities, for any reason.
Notice of Recording: I understand and acknowledge that the Charity may take photographs and record videos during Charity Activities at which I’ll be attending as a volunteer. I consent to being so recorded at Charity Activities. If I bring my children or legal wards with me to Charity Activities, I consent on their behalf to them being so recorded as well. I agree that, subject to applicable law, the Charity has right to use (i) the recordings captured at Charity Activities (the “Recordings”); (ii) my and my children’ and wards’ likenesses and voices as they are contained in the Recordings; and (iii) my name but not my children’ or wards’ names, in promotional materials and videos but not for any other purpose. I acknowledge that in creating the promotion materials and videos, the Charity may edit or modify the Recordings as the Charity sees fit. The Charity’s collection and use of such images will be made in accordance with the Notice of Collection below and the Charity’s [PRIVACY POLICY].
Assumption of Risk: The Charity Activities involve many risks, dangers, and hazards including: loss of balance; variation in terrain; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for the Charity Activities; travel on highways or roads; encounters with domestic animals; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated from one’s party; negligence of other participants; AND NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM RISKS, DANGERS, AND HAZARDS OF CHARITY ACTIVITIES (collectively, the “Risks”).
I AM AWARE OF THE RISKS ASSOCIATED WITH CHARITY ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM, REGARDLESS OF WHETHER THEY ARE IDENTIFIED IN THIS RELEASE AGREEMENT, WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE CHARITY ACTIVITIES, OR BY THE PROVISION OR THE FAILURE TO PROVIDE ANY WARNINGS, DIRECTIONS, INSTRUCTIONS, OR GUIDANCE IN RESPECT OF THE CHARITY ACTIVITIES.
Indemnity: I AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASEES FROM ANY AND ALL LOSSES, PERSONAL INJURIES (INCLUDING DEATH), DAMAGE (INCLUDING INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGE), LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM MY PARTICIPATION IN ANY CHARITY ACTIVITIES.
Release of Liability and Waiver of Claims: I AGREE TO WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY IN THE FUTURE HAVE AGAINST THE RELEASEES (collectively, “Claims”), AND TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSSES, PERSONAL INJURIES (INCLUDINGDEATH), DAMAGE (INCLUDING INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGE), LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES (collectively, “Losses”), THAT I MAY SUFFER OR THAT MY NEXT OF KIN MAY SUFFER, AS A RESULT OF MY PARTICIPATION AS A VOLUNTEER OR OTHERWISE IN THE CHARITY ACTIVITIES, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE CHARITY ACTIVITIES, OR IN RESPECT OF THE PROVISION OR THE FAILURE TO PROVIDE ANY WARNINGS, DIRECTIONS, INSTRUCTIONS, OR GUIDANCE IN RESPECT OF THE CHARITY ACTIVITIES.
No Contribution: If I am sued as a result of my participation as a volunteer or in any Charity Activity, this waiver precludes me from seeking contribution or indemnity from any Releasee. I understand, acknowledge and agree that the Charity does not carry accident or injury insurance for my benefit and that there may be certain matters for which I could be held at fault personally in connection with my role as a volunteer. I agree to be accountable in all respects for my own conduct and I agree that I shall not hold the releasees responsible for my conduct.
Minors: IF I AM AGREEING TO THIS RELEASE AGREEMENT ON BEHALF OF A MINOR (I.E., A PERSON UNDER THE AGE OF MAJORITY IN THE RESPECTIVE PROVINCE IN WHICH THE MINOR RESIDES) FOR WHOM I AM A PARENT OR GUARDIAN, MY AGREEMENT HEREIN INCLUDES AN AGREEMENT TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASEES IN RESPECT OF ANY CLAIMS OR LOSSES INCURRED BY OR IN RESPECT OF SUCH MINOR, INCLUDING AFTER SUCH MINOR HAS REACHED THE AGE OF MAJORITY. I ACKNOWLEDGE THAT: (I) THIS MEANS I AM AGREEING TO LET THE MINOR ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY; (II) I AM RESPONSIBLE FOR THE MINOR’S SAFETY, INCLUDING ENSURING THEY WEAR ALL RECOMMENDED SAFETY EQUIPMENT; (III) EVEN IF THE RELEASEES USE REASONABLE CARE IN PROVIDING THE CHARITY ACTIVITIES, THERE IS A CHANCE THE MINOR MAY BE SERIOUSLY INJURED OR KILLED BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE CHARITY ACTIVITIES WHICH CANNOT BE AVOIDED OR ELIMINATED; AND (IV) I AM GIVING UP THE MINOR’S RIGHT, AND MY RIGHT, TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO THE MINOR OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS (AS DEFINED ABOVE).
Genera: This agreement, release, waiver and indemnity shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns and shall be construed, interpreted, governed and enforced in accordance with provincial laws and the laws of Canada as applicable.
Further Acts. I understand, acknowledge and agree that I may be required to sign additional acknowledgements, documents, consents or other agreements in connection with my participation as a volunteer including but not limited to waivers to participate in specific Charity Activities.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Charity Activities, other than what is set forth in this Release Agreement.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
DECLARATION
I acknowledge and agree that, during my participation in the Charity Activities, I will comply with the applicable policies and procedures of the Charity and such instructions as may be communicated to me verbally or in writing by the Charity. I further acknowledge and agree that I have read and familiarized myself with the Charity’s policies and procedures that have been provided to me.
I further understand that depending on the volunteer opportunity I am interested in, a volunteer interview may accompany my application. If accepted as a volunteer, I understand that prior to starting my volunteer position, I may be required to complete the following:
- Role Specific Orientation & Training
- Two References (role dependent)
- Background Check or Vulnerable Sector Check (role dependent)
I understand that neither I nor my children or wards will receive any remuneration, salary, wage, payment or any employee benefits whatsoever in consideration for our participation in the Charity Activities, and I further understand that there is no employment relationship as a result of our participation in the Charity Activities. I agree and understand that neither I nor my children or wards are being engaged by the Charity for any paid or unpaid training placement or work education or experiential training program. Further, I understand that the Charity may in its sole discretion reassign me or terminate my services as a volunteer, without notice or compensation.
I hereby declare that all information provided to the Charity in this Declaration is true and accurate. I acknowledge and understand that any inaccuracy or misrepresentation will be grounds for immediate termination of my services as a volunteer, no matter when such inaccuracy or misrepresentation is discovered. I declare this Declaration has been filled out and submitted by myself [applicant]. I have read, understood and agree to the above.
NOTICE OF COLLECTION
Personal information on this form is collected in accordance with applicable privacy laws, including, in Québec, the Act respecting the protection of personal information in the private sector and will be used to maintain volunteer records, to make placements, and to compile mailing lists for newsletters and recognition. Your personal information will be collected and handled in accordance with our [PRIVACY POLICY]. Your personal information will be collected directly from you, unless stated otherwise by us. You may have certain rights in relation with your personal information, including the right to access, rectification, and withdrawal of consent. Your personal information may be communicated outside of the province of Québec. Questions regarding this collection should be forwarded to Michelle Oana, Chief Mission Officer, Myeloma Canada [email protected]