ASSUMPTION OF RISK, RELEASE, AND WAIVIER OF LIABILITY, AND INDEMNITY AGREEMENT

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. BY AGREEING TO THIS CONTRACT AND REGISTERING TO VOLUNTEER WITH THE CITY OF CINCINNATI AND THE CINCINNATI PARK BOARD, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE. YOU MUST AGREE TO THIS CONTRACT BEFORE YOU CAN PARTICIPATE IN A VOLUNTEER ACTIVITY. IF YOU DO NOT UNDERSTAND THIS CONTRACT, SEEK CLARIFICATION FROM A LEGAL ADVISOR.
The City of Cincinnati and the Cincinnati Park Board appreciate your desire to volunteer with the City’s parks. There are many volunteer activities through which you can contribute to our vibrant urban park system.
In consideration for permission to volunteer with the City of Cincinnati and the Cincinnati Park Board, you, for yourself and your heirs, personal representatives, and assigns, agree as follows:
Inherent Risks and Dangers: The volunteer activities in which you may participate include, but are not limited to, horticultural work, grounds work and maintenance, construction and maintenance of buildings and other facilities, debris removal, trail maintenance, work in Parks offices or facilities, set up and tear down for Parks events, and staffing of Parks events. Many of these activities involve physical labor and/or the use of tools. Each volunteer activity carries certain inherent risks and dangers that may result in harm to you, including personal loss, injury, accident, illness, paralysis, permanent disability, or death.
These risks and dangers may result from your acts, omissions, or negligence, or that of others, including, but not limited to, City and Parks employees, agents, and other volunteers. Based on the inherent nature of the volunteer activities, it is impossible to prevent all potential risks and dangers despite all reasonable efforts on behalf of the City and the Park Board. Before you participate in any volunteer activity, you agree to inform yourself of the risks and dangers potentially associated with that volunteer activity, including by reviewing all information provided or available to you regarding such volunteer activity.
Assumption of Risk: You hereby acknowledge and agree that you have reviewed information provided to you regarding the volunteer activities in which you wish to participate, including the information provided in this contract; that you understand the nature of those volunteer activities; that you are qualified, in good health, and in proper physical condition to participate in those volunteer activities; that there are certain inherent risks and dangers associated with volunteer activities, including but not limited to those identified above; and that you knowingly and voluntarily accept and assume responsibility for all such risks and dangers, and all other risks and dangers, of whatever nature, that could arise out of or occur during your participation in volunteer activities.
Release and Waiver: You hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the City of Cincinnati, the Cincinnati Board of Park Commissioners, any subdivision of either, and their agents, employees, officers, attorneys, directors, donors, sponsors, and volunteers, (collectively, the “Releasees”), from and for any liability, claims, demands, costs, expenses, or damages of whatever kind or nature, either in law or equity, arising from or in any way related to your participation in volunteer activities. You understand that this release and waiver discharges Releasees from any liability or claim that you may have with respect to any personal loss, injury, accident, illness, paralysis, permanent disability, or death arising from or in any way related to your participation in volunteer activities, whether or not caused by Releasees’ negligence or the negligence of any of them.
Indemnification and Hold Harmless: You hereby agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from and for any liability, claims, demands, costs, expenses, or damages of whatever kind or nature, either in law or equity, arising from or in any way related to your participation in volunteer activities.
Medical Care: You hereby acknowledge that Cincinnati Parks employees and volunteers are not qualified to administer emergency medical or first aid care, and you consent to the securing of emergency medical services, including emergency medical transport, on your behalf if you are incapacitated or injured.
Permission to Use Likeness/Name: You agree to allow, without compensation, your likeness and/or name to appear and to otherwise be used in media, regardless of form, promoting Cincinnati Parks, its events, and its activities.
Severability: You expressly agree that the foregoing Assumption of Risk, Release, Waiver, and Indemnity provisions are intended to be as broad and inclusive as is permitted by the law of the State of Ohio and that, if any portion thereof is held invalid, the balance shall continue in full legal force and effect.
Assumption of Risk, Release, and Waiver of Liability Relating to Coronavirus/ COVID-19: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and health agencies recommend vaccination, social distancing, and wearing facial coverings in some circumstances.

The City of Cincinnati and the Cincinnati Park Board (collectively “Parks”) have created protocols and preventative measures to help reduce the spread of COVID-19. By participating in Parks-related activities and programs, including volunteering with Parks in any capacity (“Parks programs”), you agree to follow all such protocols and all federal, state, and local laws and orders governing prevention and treatment of COVID-19, including but not limited to the following: Do not participate in Parks programs if you or someone in your home is symptomatic (e.g., fever, cough, shortness of breath), or if someone you’ve come into close contact with is under investigation for or diagnosed with a COVID-19 infection; use face coverings and practice social distancing in accordance with CDC protocols at all times while participating in Parks programs; keep at least six feet from other people even when working outside; use gloves at all times to handle tools and equipment. Parks will provide hand soap, sanitizer, and cleaning supplies such as Clorox and paper towels on site. You must frequently use these cleaning products for yourself and for equipment between uses. If you do not see cleaning products, ask a Parks representative and they will be provided to you. Parks cannot guarantee that you or others will not become exposed to or infected with COVID-19 by participating in Parks programs regardless of whether the protocols, laws, and orders are followed, and regardless of Parks’ reasonable efforts to protect against the spread of COVID-19.

By signing this agreement, you agree to adhere to the above protocols and rules governing COVID-19. You acknowledge that your attendance or participation in any Parks program may increase your risk of contracting COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you or others may be exposed to or be infected by COVID-19 by attending or participating in Parks programs, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. You understand that the risk of becoming exposed to or infected by COVID-19 at the Parks program may result from the acts, omissions, or negligence of myself and others, including, but not limited to, Parks employees, agents, volunteers, and other program participants. You understand that based on the inherent nature of Parks programs and proximity to other people, it is impossible to prevent all potential sources of transmission of COVID-19 despite all reasonable efforts of Parks.

You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself or others you come into contact with, including but not limited to personal injury, disability, or death, as well as any illness, damage, loss, claim, liability, or expense, of any kind, that you or others may experience or incur in connection with my participation in the Parks programs due to exposure or infection by COVID-19. You hereby release, covenant not to sue, discharge, and hold harmless Parks, its employees, agents, and volunteers, from any and all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to my participation in the Parks programs. You understand and agree that this release includes any claims based on the actions, omissions, or negligence of Parks, its employees, agents, and volunteers, whether a COVID-19 exposure or infection occurs before, during, or after participation in the Parks programs.

Acknowledgment of Understanding: By clicking on the button below, you represent that you have read this contract carefully; that you have had the opportunity to seek independent legal advice regarding it; that you fully understand that you are giving up substantial rights in connection with your volunteer activities; that the terms herein are contractual and not a mere recital; and that you agree to these terms freely and voluntarily.

Checking the box labeled “I agree to all of the above Volunteer Terms and Conditions” and continuing the registration process constitutes your acceptance of these terms. Do not continue if you do not agree with these terms and conditions.

Please print a copy of this page for your records.