In consideration for the City of Newport Beach (“City”) allowing me to voluntarily participate in the Community Emergency Response Team (CERT) Program (“Program”), I hereby agree as follows:
- Guidelines. I have read and agree to comply with the Program policies, rules, and regulations, and additionally, I agree to comply with other all applicable laws, rules, ordinances, regulations, policies, and procedures while volunteering.
- Volunteer. I understand that if I am accepted into the Program I will be a volunteer, not an employee of the City, and that no civil service status, benefits, insurance, compensation, consideration, or other right of employment shall accrue, or be due, to me.
- Termination. I understand and agree that the City may terminate my participation in the Program at any time, with or without cause, in its sole and absolute discretion.
- Background Check. I authorize the City to conduct a criminal background check upon my application into the Program, and periodically thereafter according to City policies and procedures.
- Emergency Services Act. I recognize that if I am accepted into the program as a volunteer, I will be covered by the provisions of the California Emergency Services Act during the time that I am performing approved volunteer activities, and accordingly, workers compensation benefits shall be the exclusive remedy for any injury that I sustain in the course and scope of my approved participation in the Program.
- Health Insurance. I certify that I have health insurance at the minimum coverage levels established by law which shall cover the cost of any emergency or other medical care that I may receive for an illness or injury that is outside of the coverage of the Emergency Services Act workers compensation coverage. To the extent that I do not have medical insurance coverage, I understand and agree that I will be solely responsible for any and all costs, fees, or other financial obligations.
- Assumption of the Risk. I am aware that my participation could result in injury to myself or others, including but not limited to, bodily injury, personal injury, death, disability, illness, property damage, or loss (hereinafter, “Risk of Injury”). I acknowledge that my participation is voluntary, and do so with full knowledge of the Risk of Injury. To the extent authorized by law, I hereby accept responsibility for any and all Risk of Injury on behalf of myself, and my descendants, dependents, spouse, domestic partners, heirs, executors, administrators, devisees, representatives and assigns, and anyone who might claim on behalf thereof (hereinafter, “Releasors”).
- Waiver and Release. To the extent authorized by law, on behalf of myself and Releasors I hereby release, discharge, and hold harmless the City, its officials, officers, agents, representatives, volunteers, employees, contractors, subcontractors, commissions, committees, foundations, and other such persons or bodies (hereinafter, “Released Parties”) from any and all liability for claims, demands, causes of action, damages, judgments, costs or expenses, compensation, consideration, remuneration, benefits, including but not limited to attorneys’ fees and costs (hereinafter, “Claims”), that are caused by, arise out of, in connection with, or result from my participation as a volunteer.
- Unknown Claims. I understand that this release and waiver extends to all claims of every kind or nature whatsoever, either in law or in equity, foreseen or unforeseen, known or unknown, which arise or may hereafter arise from my participation as a volunteer, and that this release and waiver discharges the Released Parties from any Claims that I and the Releasors may have against the Released Parties. Further, on behalf of myself and Releasors, I hereby waive all rights under California Civil Code § 1542, which states:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
- Name and Likeness. I hereby irrevocably grant worldwide rights to the City to copyright, publish, reproduce, exhibit, transmit, televise, digitize, display, and otherwise use and permit others to use my name, image, likeness and voice captured during the period of time that I am a volunteer, in any photographs, recordings, video, audio, writings or other publication in any form or medium whatsoever, including derivative works, now or hereafter created, for any purpose including, but not limited to, advertising, marketing, promotion, internet and social media, distributing to contractors, affiliates, or other third parties, or any other purpose whatsoever, without remuneration, compensation, royalties or other consideration to me, and I understand and agree that such material shall be the exclusive property of City to use in any manner in its sole and absolute discretion.
- Defense and Indemnity. To the extent authorized by law, I hereby promise to defend and indemnify the Released Parties from any and all Claims, demands, obligations, damages, actions, suits, losses or liability that are caused by, arise out of, in connection with, or result from my participation as a volunteer, except to the extent of the sole negligence or willful misconduct of the Released Parties.
- Medical Treatment. In the event of an emergency, I hereby authorize the Released Parties to make healthcare decisions and administer medical treatment to me if I am not capable of making healthcare decisions or administering medical treatment for myself until my power of attorney to make health care decisions for my behalf is able to do so.
I CERTIFY THAT I HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO THE ABOVE, AND THAT MY CONSENT IS NOT BASED ON ANY PROMISES, CONDITIONS, STATEMENTS, REPRESENTATIONS, OR OTHER INDUCEMENTS NOT SET FORTH HEREIN.