1. I agree to volunteer with Digs with Dignity Corporation (“Digs with Dignity”).
2. As a volunteer, I understand that I control the dates and times when I do the work and that Digs with Dignity is not responsible for scheduling my volunteer work. I also understand that I will not be compensated for any time spent volunteering, nor am I entitled to any benefits. I acknowledge that I am not an employee of Digs with Dignity.
3. I am aware that participation as a volunteer may require periods of lifting and carrying up to 40 pounds or more and will require the exercise of reasonable care to avoid injury. I am voluntarily participating in this activity with knowledge of the hazards and potential dangers involved, and agree to accept any and all risks of personal injury and property damage. It is the responsibility of the volunteer to inform Digs with Dignity any physical limitations the volunteer may have.
4. AS CONSIDERATION FOR VOLUNTEERING WITH DIGS WITH DIGNITY, I HEREBY RELEASE AND DISCHARGE DIGS WITH DIGNITY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, REPRESENTATIVES, AGENTS AND CONTRACTORS (the “DIGS WITH DIGNITY PARTIES'') FROM ALL ACTIONS, SUITS, PROCEEDINGS, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) OF WHATEVER KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, EITHER IN LAW OR IN EQUITY, THAT I, MY PERMITTED ASSIGNEES, HEIRS, GUARDIANS AND LEGAL REPRESENTATIVES NOW HAVE, OR MAY HAVE IN THE FUTURE, INCLUDING, WITHOUT LIMITATION, FOR INJURY, DEATH OR OTHER DAMAGE OR OTHERWISE, RESULTING FROM MY PARTICIPATION IN VOLUNTEERING FOR DIGS WITH DIGNITY. I hereby agree that I, and my permitted assignees, heirs, guardians and legal representatives, will not make a claim against or sue the Digs with Dignity Parties for any such actions, suits, proceedings, claims, demands, liabilities, damages, costs or expenses against Digs with Dignity. I understand that this release discharges the Digs with Dignity Parties from any liability or claim that I may have against the Digs with Dignity Parties with respect to any bodily injury, personal injury, illness, death, property damage or property loss that may result from the activities, whether caused by the negligence of the Digs with Dignity Parties or otherwise.
5. I authorize Digs with Dignity to seek emergency medical treatment on my behalf in case of injury, accident or illness to me arising from my involvement as a volunteer. I understand that I, and not Digs with Dignity, will be responsible for medical costs incurred by such an accident, illness or injury. I hereby release, forever discharge and hold harmless Digs with Dignity from any claim whatsoever in connection with such treatment.
6. I understand that Digs with Dignity does not assume any responsibility for or obligation to provide financial assistance or other assistance, including, but not limited to, medical, health or disability insurance of any nature in the event of my injury, illness or death, or damage to or loss of my property. I also understand that if I am injured in the course of volunteering, I am not covered by Digs with Dignity’s workers’ compensation insurance program. I expressly waive any claim for compensation or liability on the part of Digs with Dignity in the event of any injury or medical expense.
5. I understand and agree that in the course of volunteering, I may be photographed, recorded and/or videotaped by Digs with Dignity for internal and/or promotional and marketing use. I hereby grant and convey to Digs with Dignity all right, title and interest, including, but not limited to, any royalties, proceeds or other benefits, in any and all such photographs, recordings and videos, and consent to Digs with Dignity’s use of my name, image, likeness and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission. I hereby irrevocably license to Digs with Dignity the right to use my name, voice, likeness, photograph(s) and all other indicia of my identity and persona for publication, distribution, creation of derivative works, general, advertising and publicity purposes, and any further use, in all media now known or hereafter devised. I waive any right to inspect and approve finished publicity materials and I will not hold Digs with Dignity responsible for any liability resulting from the use of the publicity materials in accordance with this agreement.
6. I agree that this agreement represents the full understanding between Digs with Dignity and me and supersedes all other prior agreements, understandings, representations and warranties, both written and oral, between us, with respect to the subject matter hereof. In the event that any clause or provision of this agreement shall be held invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this agreement which shall continue to be enforceable. This agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois, without reference to any choice of law doctrine. This agreement may not be assigned or transferred without the prior written consent of Digs with Dignity. This agreement is binding on and inures to the benefit of Digs with Dignity and me and our respective, as applicable, successors, permitted assigns, heirs, executors, administrators and representatives.