This RELEASE AND WAIVER OF LIABILITY (the “Release”) is made by the undersigned (the “Volunteer”), his or her heirs, executors, administrators, personal representatives, successors, and assigns, in favor of Mercy Chefs, Inc. (“Mercy Chefs”), its parents, subsidiaries, affiliates, predecessors, successors and assigns, and all of their respective officers, directors, employees, stockholders, trustees, partners and other related persons or entities, in their corporate and individual capacities (the “Released Parties”).
The Volunteer desires to work as a volunteer for Mercy Chefs and engage in the activities related to being a volunteer (the “Activities”). Volunteer understands the Activities may cause harm to the Volunteer. Nevertheless, Volunteer, in exchange for good and valuable consideration, the receipt of which is hereby acknowledged, hereby freely, voluntarily, and without duress agrees as follows:
1. Release and Waiver. Volunteer irrevocably and unconditionally releases, forever discharges, indemnifies, and holds harmless the Released Parties from any and all liability, damages, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from or are related to Volunteer’s participation in, or presence around, the Activities and Mercy Chefs’ operations (hereinafter "Claim"), including, but not limited to, any Claim Volunteer may have against the Released Parties with respect to any bodily injury, illness, death, or property damage, whether caused by the negligence of any one or more of the Released Parties or otherwise.
2. Assistance. Volunteer acknowledges and understands that Mercy Chefs 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 in the event of injury or illness.
3. Medical Treatment. Volunteer irrevocably and unconditionally releases, forever discharges, indemnifies, and holds harmless the Released Parties from any Claim that arises or may hereafter arise on account of any first aid treatment or service rendered in connection with Volunteer’s participation in the Activities.
a. working with food, including, but not limited to food that may cause allergic reaction;
b. working with food related equipment, including, but not limited to, ovens, sinks, stoves, knives and other items that have dangerous characteristics;
c. travel to and from work sites;
d. loading and unloading; and
e. working in and around hazardous elements and/or disaster zones.
4. Assumption of Risk. Volunteer expressly and specifically assumes the risk of injury, illness, and/or harm associated with the Activities. Volunteer acknowledges and understands the Activities may be hazardous to the Volunteer, and may include, but are not limited to, the following:
5. Insurance. Volunteer acknowledges and understands that, except as otherwise agreed to by Mercy Chefs in writing, Mercy Chefs does not carry or maintain health, medical, or disability insurance coverage for any Volunteer. Each Volunteer is expected and encouraged to obtain his or her own medical or health insurance coverage.
6. Photographic Release. Volunteer does hereby grant and convey unto Mercy Chefs all interest in any and all photographic images, video, and audio recordings taken of Volunteer while participating in, or being present around, the Activities.
7. Miscellaneous. Volunteer expressly agrees this Release is intended to be as broad and inclusive as possible as permitted under applicable law. Volunteer agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release, which shall continue in full force and effect. Volunteer agrees that the Commonwealth of Virginia shall have sole and exclusive jurisdiction over any Claim of Volunteer and that the City of Chesapeake shall be the exclusive venue for such Claim. Volunteer also expressly waives any right to trial by jury for any Claim.