Volunteer Hold Harmless, Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 and Other Policies

Please read the following Hold Harmless Agreement, Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 and Code of Conduct Agreement carefully. Checking the box on your Volunteer Agreement form confirms your understanding and agreement to their terms, conditions and requirements.

Hold Harmless Agreement

I acknowledge that I have been informed by the terms of this agreement that my volunteer service with David M. Carmines Memorial Foundation, a South Carolina501(c)(3) (tax-exempt charitable) organization (“David M. Carmines Memorial Foundation”) involves disaster relief work that is potentially hazardous and/or dangerous. I acknowledge that the volunteer work I will be asked to perform may expose me to illness, injury, emotional trauma or illness, disability and/or death.

I acknowledge that I may be travelling, including in my own or other motor vehicles, both owned and non-owned by David M. Carmines Memorial Foundation, and working in dangerous and unhealthy circumstances with limited access to medical care.

I also acknowledge that I may be exposed to or called upon to work with dangerous equipment and/or dangerous conditions, which may cause injuries and/or death and/or property damage to me, my motor vehicle and passengers, or other property or individuals. I acknowledge that the David M. Carmines Memorial Foundation employees and volunteers with whom I will be travelling, working and/or receiving assignments, advice or instruction, many of whom are untrained in the work being performed, are, by the nature of the project, subject to errors in judgments and decisions. Among the possible mistakes in judgments and decisions are: my physical and emotional ability to handle the tasks and conditions existing during the term of my volunteer service; a failure to correctly assess any injury or physical or mental health condition I may have at the time of my volunteer service or sustained during the period of my volunteer service; and my experience or expertise in handling assigned tasks.

I acknowledge and affirm that I have the opportunity to ask any questions I may have of David M. Carmines Memorial Foundation personnel prior to my departure for volunteer service and prior to the commencement of my volunteer work. I also acknowledge that, despite any answers I have received with respect to my inquiries, the conditions and circumstances of my volunteer service may change to meet the demands of the disaster relief project. I understand that my volunteer service shall remain at the will of David M. Carmines Memorial Foundation and may be terminated at any time for any reason by David M. Carmines Memorial Foundation.

If at any time I conclude that I am physically or emotionally incapable of performing a task or enduring the conditions existing during my volunteer service, I understand that it is my sole responsibility to inform David M. Carmines Memorial Foundation personnel that I cannot or will not perform an assigned task or that I cannot or will not continue to endure the conditions of my volunteer service. Should I elect to perform a task after informing David M. Carmines Memorial Foundation personnel or volunteers of my reservations about performing the task, I fully acknowledge that the decision to do so is my own, free from pressure or duress by any person. I understand that I am free to end my volunteer service at any time, without reservation or penalty of any kind. I agree that my decision to perform an assigned task is my certification that I am physically and/or emotionally capable of performing the assigned task despite any prior representations I may have made regarding my physical and/or emotional health.

I hereby agree, on behalf of my children, heirs, executors, administrators and assigns, to the fullest extent allowed by applicable law, to release, indemnify and defend David M. Carmines Memorial Foundation and any and all of its volunteers, personnel, board members, contractors, partners, donors and associates with respect to all claims, liabilities, losses, suits or expenses, including all litigation costs and attorney’s fees, brought by anyone, including me, in connection with my participation in David M. Carmines Memorial Foundation projects. By this agreement I agree to waive all claims, whether legal or equitable, for losses, including property damage or bodily injury sustained in connection with use of my motor vehicle or any other motor vehicle in connection with David M. Carmines Memorial Foundation projects, that I may claim to be caused, in whole or in part, by the negligence of David M. Carmines Memorial Foundation personnel, volunteers, board members, contractors, partners, donors and associates.

I authorize David M. Carmines Memorial Foundation to copyright, publish, use, sell or assign any and all photographic portraits or pictures, television spots, movie films, videotapes and/or sound recordings or any part thereof, that may have been taken of me during my volunteer service. I hereby waive any right I may have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied.

I authorize David M. Carmines Memorial Foundation to seek and obtain medical care for me should its personnel deem it necessary to do so. I also authorize David M. Carmines Memorial Foundation to seek and obtain my evacuation from the disaster relief site. In so doing, I agree to hold harmless any and all persons who seek or obtain my evacuation and/or medical care. Eligible medical services and any evacuation will be paid in accordance with David M. Carmines Memorial Foundation’ Business travel insurance policy as allowed and approved by its carrier. With respect to any medical expenses or evacuation not covered by this policy, or which is deemed ineligible by David M. Carmines Memorial Foundation’ carrier, I agree to assume full responsibility for the cost of all such medical services and/or evacuation.

I agree that this agreement shall be governed by South Carolinalaw, without reference to principles of conflicts of laws. Any legal action I may take, despite the terms of this agreement, shall be brought in the Commonwealth of Massachusetts. Before bringing any legal action for any claim I may make, I agree to participate in mediation in the Commonwealth of South Carolina with a Massachusetts-based mediator mutually acceptable to the parties. If mediation should fail to resolve any claim I may make, I agree to engage in binding arbitration in the Commonwealth of South Carolinaunder the rules and regulations of the American Arbitration Association and before an arbitrator approved under its rules and regulations mutually acceptable to the parties. Should any claim I may make be dismissed or withdrawn, either in arbitration or in a court proceeding, I agree to pay all the costs and attorney’s fees incurred by David M. Carmines Memorial Foundation, its personnel or volunteers.

Should any portion of this agreement be determined to be unenforceable, the remaining portions of the agreement shall remain in full force and effect without modification.

I give my consent to David M. Carmines Memorial Foundation to conduct a full and complete background investigation of me at any time in connection with my volunteer service.

I have read this document, or in the event I am unable to read this agreement by reason of language and/or understanding, I have independently undertaken to have it read to me or translated for me, and I acknowledge that I have voluntarily signed it, and that no oral or written representations, statements, or inducements apart from the terms of this agreement have been made to me in signing this agreement. I further agree that no prior or contemporaneous oral or written statement may be used by me to modify the terms of this agreement nor may this agreement be modified in any respect following the date of my signature except by way of a written modification agreement with David M. Carmines Memorial Foundation.

I understand that this agreement is subject to David M. Carmines Memorial Foundation’ privacy policy, which assures me that David M. Carmines Memorial Foundation will not share my personal information with anyone outside the organization without my permission. Additionally, I have been assured that all information regarding me, whether collected online or in person, is collected via secure channels and stored in David M. Carmines Memorial Foundation’ secure databases and facilities.

Assumption of the Risk 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 federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. David M. Carmines Memorial Foundation has put in place preventative measures to reduce the spread of COVID-19; however, David M. Carmines Memorial Foundation cannot guarantee that you will not become infected with COVID-19. Further, attending the Hilton Head Island Seafood Festival program could increase your risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk I may be exposed to or infected by COVID-19 by attending the David M. Carmines Memorial Foundation program and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I also agree to comply with all federal, state and local mandates, as well as any policies of David M. Carmines Memorial Foundation, relating to social distancing, hygiene, cleaning and disinfection and any required health screenings. I agree to stay home if I have been exposed to COVID-19 in the past 14 days, am not feeling well or am displaying any symptoms of COVID-19. I also agree to immediately notify the Program Director if I experience any of the foregoing while on program. I understand that the risk of becoming exposed to or infected by COVID-19 on the David M. Carmines Memorial Foundation program may result from the actions, omissions, or negligence of myself and others, including, but not limited to, David M. Carmines Memorial Foundation employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with attendance at the Hilton Head Island Seafood Fetival. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless David M. Carmines Memorial Foundation, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of David M. Carmines Memorial Foundation, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any David M. Carmines Memorial Foundation program(s) or event(s).