Headin’ Home Volunteer Agreement
By checking the box on the Headin’ Home Volunteer Application, I agree:
- To hold as absolutely confidential all information that I may obtain directly or indirectly concerning clients, families, techs, volunteers, or staff. I agree that I will not seek confidential information in regard to any client.
- That I am applying for an unpaid volunteer position, and not paid employment. I understand and agree that this volunteer application nor the acceptance or performance of a volunteer position constitutes an employment relationship or a contract of employment. I further understand and agree that neither this volunteer application nor the acceptance or performance of a volunteer position constitutes a guarantee or promise of future employment.
- That if I accept a volunteer position, I will have a duty to be familiar with Headin’ Home guidelines, practices, and policies as they now exist or as they may be modified, added to, or abolished in the future. I agree to comply with all guidelines, rules, standards, practices, and policies.
- That the answers given by me on the Headin’ Home Volunteer Application are true and without omissions. I authorize Headin’ Home to investigate and/or verify any information relevant to my suitability as a volunteer.
- That any person giving false or misleading information will be subject to immediate termination.
- That I have read the Headin’ Home Volunteer Information Packet including Volunteer Service Guidelines Volunteer Information, and understand and agree to its provisions and policies.
ACTIVITY ACKNOWLEDGMENT & ASSUMPTION OF ALL RISKS, RELEASE OF LIABILITY, PHOTO RELEASE, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT
This Activity Release and Waiver of Liability, Covenant Not to Sue, Acknowledgment & Assumption of Risks, and Indemnification Agreement (“Release”) is entered into by the undersigned in favor of Headin’ Home, its owners, officers, employees, agents, volunteers, students, and guests involved in conducting activities of Headin’ Home (including but not limited to, Dante Pistone) and in favor of all landowners on whose property activites may occur (the “Released Parties”). In consideration of being permitted to spectate and participate in activities conducted by Headin’ Home, and to use the facilities of Headin’ Home, I acknowledge and agree as follows:
- ACKNOWLEDGMENT AND ASSUMPTION OF ALL RISKS. I understand that riding and being around horses are inherently dangerous activities and I am voluntarily participating in such activities, and being around such activities, with full knowledge of the dangers involved. Horses are powerful, easily frightened, unpredictable animals. All horses, even those that are well-trained and appear gentle, may buck, rear, stop short, change direction or speed at will, shy, spook, kick, strike, bite, and bolt – all without warning and without apparent cause or in response to wind, sounds, movement of people, cars, bikes, or other animals, or inanimate objects. The inherent risks include loss of control, falling or being thrown off, being stepped on, collisions with fences, gates, trees, horses, or other obstacles, or being hung up or entangled in stirrups, reins, or other gear, and trailering accidents. Tack may break. Cinches may come loose. I may encounter dangers due to terrain, creeks, weather, thunder, lightning, rocks, cliffs, obstacles man-made and natural, traffic, bees and insects, wild and domestic animals, as well as allergic reations to dust, insects, animals, or vegetation. I understand that SERIOUS PERMANENT INJURY, DISABILITY, OR DEATH OF MYSELF OR OTHERS MAY RESULT from handling, riding, or being in the vicinity of horses, and that property belonging to me or others may be damaged as well. I HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, PHYSICAL OR MENTAL ILLNESS, DISEASE OR DEATH TO MYSELF, INCLUDING FINANCIAL LOSSES (INCLUDING LOSS OF EARNING CAPACITY) AND DAMAGE OR DESTRUCTION OF PROPERTY OWNED BY ME OR IN MY CARE, RESULTING FROM HANDLING, RIDING, OR BEING IN THE VICINITY OF HORSES OR IN ANY ACTIVITIES CONDUCTED BY HEADIN’ HOME, INCLUDING RISKS KNOWN OR UNKNOWN AND INCLUDING RISKS CAUSED BY THE ACTIVE, PASSIVE, OR SOLE NEGLIGENCE OF THE RELEASED PARTIES OR OMISSIONS OR HIDDEN, LATENT, OR OBVIOUS DEFECTS OF ANY PROPERTY.
- RELEASE OF LIABILITY, INCLUDING LIABILITY FOR NEGLIGENCE. On behalf of myself, my family, heirs, estate, distributes, guardians, legal representatives and assigns, I HEREBY VOLUNTARILY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES AND EACH OF THEM FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, AND LIABILITIES based on any injury, disability, illness, disease, death, financial loss, property loss or damage, or other harm suffered by me, or by any third person for which I may be held responsible, that may result from my participation in or being in the vicinity of activities conducted by Headin’ Home, WHETHER CAUSED BY THE ACTIVE, PASSIVE, OR SOLE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
- PHOTO RELEASE. For valuable consideration received, I hereby grant to Headin’ Home and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs or video of me, or in which I may be included, for editorial trade, advertising and any other purpose and in any manner and medium; and to alter the same without restriction. I hereby release photographer and their legal representatives and assigns from all claims and liability relating to said photographs.
- COVENANT NOT TO SUE. I WAIVE ANY RIGHT TO PRESENT ANY LEGAL CLAIM OR SUIT against the Released Parties, whether based on negligence, breach of contract, breach of warranty, strict product liability, dangerous condition of property, or any other legal theories.
- INDEMNIFICATION. I AGREE TO FOREVER DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the Released Parties from and against any and all claims, suits, costs, or expenses of any kind including attorney fees and expert and consultant fees resulting from Headin’ Home activities REGARDLESS OF FAULT AND WHETHER OR NOT CAUSED BY THE ACTIVE, PASSIVE, OR SOLE NEGLIGENCE OF THE RELEASED. This obligation to defend, indemnify, and hold harmless equally binds by heirs, assigns, and representatives in the event of my death or incapacity. I FURTHER AGREE TO FOREVER INDEMNIFY, DEFEND, AND HOLD HARMLESS EACH OF THE RELEASED PARTIES from and against any claim of any person whom I bring or invite to Headin’ Home or otherwise permit to be in the vicinity of Headin’ Home, REGARDLESS OF FAULT AND WHETHER OR NOT CAUSED BY THE ACTIVE, PASSIVE, OR SOLE NEGLIGENCE OF THE RELEASED.
- UTAH LAW GOVERNS. ANY CLAIM MUST BE BROUGHT IN SALT LAKE COUNTY. This contract is governed by Utah law. Any claim against the Released Parties is governed by Utah law and must be brought in Salt Lake County, Utah, even if the injury occurred outside Salt Lake County.
- RELEASED MAY COMPEL ARBITRATION. In the event any claim or controversy arises out of the activities at Headin’ Home, the Released Party involved in the claim or controversy may elect to have the claim or controversy submitted to binding arbitration before a single arbitrator chosen in accordance with the rules of the American Arbitration Association who shall be an attorney admitted to practice in Utah for at least 15 years. The arbitration shall be conducted pursuant to the provisions of the Utah Code of Civil Procedure relating to the conduct of arbitration proceedings. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT, I AM WAIVING MY RIGHT TO A JURY TRIAL.
- AGREEMENT TO PAY FOR EMERGENCY MEDICAL TREATMENT. I agree that should medical treatment be required, I SHALL PAY FOR ALL SUCH MEDICAL EXPENSES.
- SEVERABILITY. I understand that this Release is intended to be as broad and inclusive as permitted by the law of the State of Utah. If any provision of this Release is held to be unenforceable, such provision shall be excluded and the balance of the Release shall be enforced in accordance with the remaining terms.
- LEGALLY BINDING. I have read this Release and understand that I am giving up legal rights, including my right to sue. I executed it knowingly and voluntarily without relying on any statement or representation of any Released Party. I understand that this is a binding legal document which supersedes any other agreement.
- PARENTS/GUARDIANS MUST SIGN FOR MINORS. I represent that I am 18 years of age or older and am legally competent to enter into this Release for myself. If signing for a minor, I represent that I am the parent or duly appointed legal guardian of the minor for whom I am signing this Release.
- PROTECTIVE EQUIPMENT ADVISORY. Headin’ Home Inc. strongly recommends that everyone in the vicinity of horses should purchase and wear a properly fitted and secured ASTM/SEI certified helmet. While Headin’ Home may provide protective equipment for me, I understand that it may not fit properly and that it may not meet industry standards. I accept responsibility for this risk.
I HAVE CAREFULLY READ THIS RELEASE AND AGREE TO ALL OF ITS TERMS.