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2025 TOWN OF MAMMOTH LAKES VOLUNTEER RELEASE, WAIVER, AND INDEMNITY AGREEMENT

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  2. I request to volunteer my services to the Town of Mammoth Lakes, a municipal corporation ("TOWN"), for civic, charitable, and humanitarian reasons. I hereby acknowledge, understand, and agree that by participating as a volunteer, including entering TOWN premises and facilities, I may be exposed to risks of damage to my person or property, including but not limited to, illness, injury to my person or personal property, accident, or death. I understand, acknowledge, and agree that such damage may be caused, either directly or indirectly, in whole or in part, by my participation as a volunteer.

  4. I HEREBY AGREE that I am fully aware of the risks and hazards inherent in participating as a volunteer and I agree to accept and assume full responsibility for any and all risks of damage, injury, illness, or death resulting to me or my property while participating as a volunteer.

  6. I HEREBY AGREE, in consideration for the TOWN allowing me to participate as a volunteer, that I, my personal representatives, heirs, next-of-kin, and assigns (collectively the "Releasors") hereby release, waive, discharge, and covenant not to sue the TOWN and its officials, officers, employees, volunteers, and agents, from and for any and all liability for any loss or damage to me or the other Releasors, and from and for any claim or demands therefore on account of injury to the person or property of me or the other Releasors, including illness and death, whether caused by the negligence of me or the other Releasors or otherwise while I participate as a volunteer, whether the risks are known or unknown to me.

  8. I HEREBY AGREE to defend, indemnify, save, and hold free and harmless the TOWN and its officials, officers, employees, volunteers, and agents from any and all liability from loss, damage, cost, or injury, including wrongful death, to any property or persons, including third parties, in any manner arising out of or incident to any acts, omissions, or willful misconduct of me while I participate as a volunteer, including without limitation the payment of attorneys' fees. Further, I shall defend at my own expense, including attorneys' fees, the TOWN and its officials, officers, employees, volunteers, and agents in any action or proceeding, legal, administrative, or otherwise, based upon such acts, omissions, or willful misconduct.

  10. I HEREBY AGREE that I shall not be considered an employee of the TOWN for any purpose, including, but not limited to, retirement benefits, health benefits, seniority, sick leave, and vacation leave. I may however, at the TOWN's exclusive option (indicated by resolution) be covered by the TOWN's workers' compensation insurance.

  12. I HEREBY AGREE that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

  14. I HEREBY AGREE that I have read and voluntarily signed this release, waiver, and indemnity agreement, and further agree that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.

  16. I HEREBY AGREE that this release, waiver and indemnity agreement shall be binding on me and my personal representatives, heirs, assigns, and next-of-kin.

  18. I HEREBY AGREE and acknowledge that I will abide by all TOWN rules, procedures, policies, safety requirements, and instructions given to me by any and all TOWN personnel during my participation as a volunteer.

  20. I HEREBY AGREE to allow the exclusive use of, and relinquish all rights to, photographs and video in any manner including the likeness and/or activities of the participant and further authorize the Town of Mammoth Lakes, its agents or assigns, to make unlimited use of such reproductions, including but not limited to print and/or electronically on the internet with or without your name for any lawful purpose. I acknowledge that no compensation will be provided for such use by the Town of Mammoth Lakes. I understand that this Release shall remain in effect unless a subsequent written notification is provided to the Town of Mammoth Lakes

  22. As a volunteer who is covered under the Agency's workers' compensation plan, I expressly agree and acknowledge that workers' compensation is my exclusive remedy for any injury suffered while performing said volunteer duties, and that I cannot and will not seek to bring any other claim or actions of any type whatsoever against the Agency, its employees, officers, agencies, other volunteers and officials.

  24. I HAVE CAREFULLY READ, UNDERSTAND, ACKNOWLEDGE, AND AGREE TO THIS RELEASE, WAIVER, AND INDEMNITY AGREEMENT. I UNDERSTAND THAT I AM GIVING UP VALUABLE LEGAL RIGHTS BY SIGNING THIS RELEASE, WAIVER, AND INDEMNITY AGREEMENT, AND THAT THIS AGREEMENT REPRESENTS A CONTRACT BETWEEN MYSELF AND TOWN. I HAVE AGREED TO SIGN THIS AGREEMENT OF MY OWN FREE WILL.

    I UNDERSTAND THAT I MAY SEEK THE ADVICE OF AN ATTORNEY IN ANY MATTER CONNECTED WITH THIS RELEASE, WAIVER, AND INDEMNITY AGREEMENT BEFORE I SIGN THIS AGREEMENT. I UNDERSTAND THAT I MAY CALL AN ATTORNEY REFERRAL SERVICE OR LEGAL AID OFFICE IN ORDER TO OBTAIN AN ATTORNEY OR LEGAL ADVICE.

    I understand that volunteers are urged to carry insurance (life, disability) and the appropriate hospitalization insurance before volunteering.

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