I wish to
for Susan G. Komen San Diego (“Affiliate”).
I understand that my consent to these provisions is given in
consideration for being permitted to volunteer.
I UNDERSTAND THAT THE NATURE OF MY
VOLUNTEER ACTIVITIES MAY INVOLVE PHYSICAL ACTIVITY, CONTACT WITH UNIDENTIFIED
OR UNFAMILIAR PERSONS, OR OTHER POTENTIAL RISK OF BODILY INJURY OR DAMAGE TO
PROPERTY, and I hereby voluntarily
assume full and complete responsibility for, and the risk of, any injury or
accident which may occur during my VOLUNTEER WORK. TO THE
FULLEST EXTENT OF THE LAW, I, FOR MYSELF, MY NEXT OF KIN, MY HEIRS,
ADMINISTRATORS AND EXECUTORS (COLLECTIVELY, “RELEASORS”), HEREBY RELEASE AND
HOLD HARMLESS AND COVENANT NOT TO FILE SUIT AGAINST THE AFFILIATE, THE SUSAN G.
KOMEN BREAST CANCER FOUNDATION, INC. (“KOMEN HQ”), AND ALL OTHER AFFILIATES OF
KOMEN HQ AND THEIR RESPECTIVE DIRECTORS, OFFICERS, VOLUNTEERS, AGENTS,
EMPLOYEES, VENDORS, CONTRACTORS AND PARTNERS (COLLECTIVELY, “RELEASEES”) FOR
ANY INJURY OR DAMAGES I MIGHT SUFFER IN CONNECTION
WITH my VOLUNTEER WORK. THIS
RELEASE APPLIES TO ANY AND ALL LOSS, LIABILITY, OR CLAIMS I OR MY RELEASORS MAY
HAVE ARISING OUT OF MY VOLUNTEER WORK
WITH THE AFFILIATE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR
DAMAGE SUFFERED BY ME OR OTHERS, WHETHER SUCH LOSSES, LIABILITIES, OR CLAIMS BE
CAUSED BY CONTACT WITH AND/OR THE ACTIONS OF OTHER PERSONS, CONTACT WITH FIXED
OR NON-FIXED OBJECTS, NEGLIGENCE OF THE RELEASEES, RISKS NOT KNOWN TO ME OR NOT
REASONABLY FORESEEABLE AT THIS TIME, OR OTHERWISE.
I understand that as a volunteer, I may become
privy to confidential
information about a Releasee. I agree to maintain the confidentiality of any
information marked confidential, as well as any information about each Releasee’s
business operations, employee
information, financial operations, marketing strategy, donor information, events,
current or proposed business transactions and sponsorships, and any proprietary
information such as computer software and programming that is not
otherwise publicly disclosed. I will not
use any confidential
information in any manner that would be detrimental to a Releasee.
At all times during my volunteer work, I will
conduct myself in such a manner as not to reflect unfavorably on or in any way
diminish the reputation of the Affiliate, Komen HQ and its affiliates.
I give my consent and permission to the
Affiliate, Komen HQ and their respective affiliates, successors, licensees, and
assign the irrevocable right to use, for any purpose whatsoever and without
compensation, any photographs, videotapes, audiotapes, or other recordings of
me that are made during the course of my volunteering.
This Release shall be
construed under the laws of the state in which the Affiliate is located. In the event any provision of this Release is
deemed unenforceable by law, (i) the Affiliate shall have the right to modify
such provision to the extent necessary to be deemed enforceable; and (ii) all
other provisions of this Release shall remain in full force and effect.
I understand that I
have given up substantial rights by accepting this Release, and have signed it
freely and voluntarily without any inducement, assurance or guarantee being
made to me and intend my acceptance to be a complete and unconditional release
of liability to the greatest extent allowed by law.
Release extends to claims and facts unknown and unsuspected to exist at the
time of executing this Release. All
rights under Section 1542 of the California Civil Code are hereby expressly
waived with respect to any of the claims, injuries, or damages described in
this Release. Section 1542 of the
California Civil Code reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.