WAIVER OF LIABILITY AGREEMENT
WHEREAS, on March 10, 2020, the Governor of the State of Michigan declared a state of emergency as a result of the Coronavirus (COVID-19) outbreak (which remains in effect until at least May 28, 2020); and
WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency as a result of the COVID-19 outbreak; and
WHEREAS, the Michigan Department of Health and Human Services (MDHHS) issued Interim Recommendations for COVID-19 Community Mitigation Strategies (including but not limited to encouraging staff to tele-work, implementing social distancing measures, limiting in-person meetings, and limiting large work-related gatherings); and
WHEREAS, on June 1, 2020, the Governor of the State of Michigan issued Executive Order 2020-110, allowing individuals ) “who leaves his or her home or place of residence must: (a) Follow social distancing measures recommended by the Centers for Disease Control and Prevention (“CDC”), including remaining at least six feet from people from outside the individual’s household to the extent feasible under the circumstances; (b) Wear a face covering over his or her nose and mouth—such as a homemade mask, scarf, bandana, or handkerchief—when in any enclosed public space, unless the individual is unable medically to tolerate a face covering.”; and
WHEREAS, the activities involved in Volunteering for the Conservancy qualifies as a “resumed activity” under EO 2020-110, the Conservancy has adopted protocols and operational guidelines limiting interaction(s) between Conservancy employees, contractors, property owners, volunteers and other third-party individuals in conjunction with the performance of volunteer activities; and
WHEREAS, the parties to this Agreement wish to ensure that the Volunteer’s activities for the Conservancy proceed only in accordance with applicable protective measures and that all PPE, hygiene/cleaning, and social-distancing requirements are followed to the maximum extent possible;
NOW THEREFORE, the undersigned hereby agree to the following:
1. Representations and Acknowledgement of Conservancy’s Protective Measures.
A. The Conservancy has instructed Volunteer to utilize their PPE and abide by the protective measures set forth in EO 2020-110 and 2020-114 and as issued from public health entities such as the United States Centers for Disease Control (CDC), the MDHHS, and the Benzie-Leelanau District Health Department;
B. The Conservancy has instructed the Volunteer to maintain social-distancing of at least six (6’) feet between the monitor and any co-workers, contractors, property owners, other Volunteers or other third-party individuals the Volunteer may come into contact with at all times during the effective period of the emergency declarations set forth above;
C. Volunteer, by their signature below, fully understands these instructions related to protective measures to be maintained at all times prior to, during, and after the volunteer activity to be conducted by the Volunteer, and agrees to comply with and abide by these instructions;
D. The Volunteer understands that the Conservancy discourages in-person interaction with all co-workers, contractors, property owners, or other third-party individuals the Volunteer could potentially encounter in the course of the performance of the volunteer activities, and that any in-person interactions with such individuals would be contrary to the express, written instructions of the Conservancy, as well as contrary to the duties, obligations, and requirements set forth in the emergency declarations and executive orders set forth above;
E. The Volunteer recognizes that in-person interaction described above is not necessary for the performance of the volunteer activities, that engaging in such in-person interaction could involve the risk of serious illness (and potentially even the loss of life), and that, due to the nature of the coronavirus as a “novel” virus, unanticipated consequences are also possible. Should the Volunteer choose to undertake such in-person interaction(s), the Volunteer would be knowingly assuming such risks; and
F. The Volunteer affirms that they are 18 years or older, and that they intend this Agreement to be a complete and unconditional release of all liability of the Conservancy to the greatest extent allowed by law in Michigan for risks related to the in-person interactions described above.
2. Waiver of Liability. By the signature set forth below, the Volunteer agrees on behalf of themselves, their heirs, personal representatives, and assigns, to release, waive, and discharge the Conservancy and all Conservancy Agents from liability from any and all claims, losses, damages, or liabilities in connection with in-person third party contacts, including without limitation claims arising out of the negligence of the Conservancy and Conservancy agents, to the extent permitted by Michigan law. This includes but is not limited to: (i) personal illness (including disability and/or death); and (ii) any and all claims resulting from the coronavirus.
3. Indemnification. The Volunteer shall indemnify and hold harmless the Conservancy and any Conservancy agents against any losses, claims, damages, or liabilities to any such person in connection with the Volunteer’s in-person interaction(s) with third-party individuals against the express written instructions of the Conservancy and the recommendations and guidelines issued by the public health authorities listed above.
4. Covenant Not to Sue. I covenant not to sue the Conservancy or any Conservancy Agents for any present or future claim I might have arising out of or related to in-person interactions with third-party individuals while traveling to/from volunteer activity sites and visiting properties to perform volunteer activities on behalf of the Conservancy. This includes but is not limited to any and all claims, losses, damages, or liabilities in connection with in-person third-party contacts, including without limitation claims arising out of the negligence of the Conservancy and Conservancy agents, personal illness (including disability and/or death), and any and all claims resulting from contraction of the coronavirus in conjunction with this volunteer activities.
5. Interpretation of Agreement. This Agreement was entered into at arm’s length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Volunteer and the Conservancy agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provision contained within this Agreement shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.
I have carefully read this waiver of liability agreement, and fully understand that it is a release of liability. I expressly agree to release and discharge the Conservancy and all of its Directors, staff, agents, representatives, Volunteers, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against the Conservancy for personal illness. I am aware that by signing below I am entering a contract between myself and the Leelanau Conservancy and I sign this contract of my own free will.
Volunteer Signature & Date below