2022 Volunteer Application
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ALL volunteers MUST be at least 16 years old.
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What days are you available to volunteer?
2021 VOLUNTEER AGREEMENT, WAIVER & RELEASE
EVERYONE MUST READ AND AGREE THIS AGREEMENT, WAIVER AND RELEASE, SO PLEASE READ CAREFULLY BEFORE SIGNING BELOW. (“AWRL”)
I, on behalf of ME or MY BUSINESS, will be present at and participating in activities at the EVENT located at various locations, either indoor or outdoor, throughout the United States (the “EVENT”). I may be participating as EVENT staff or general laborer for such activities that may include: producing food festivals which consists of food sales, carnivals, tasting competitions, liquor and entertainment, such as music and dancing, or doing EVENT setup/breakdown of tents, structures, or any other EVENT related requirements. (Any and all of the foregoing are referred to in this document as “ACTIVITIES”).
Various activities at any EVENT may be organized, provided, or conducted by affiliated persons or entities including ROCK THE FORK PHOENIX, LLC, and such affiliated persons or entities are collectively referred to herein and solely for purposes of this document as (the “PRODUCERS”).
1. CAPABLE OF PARTICIPATION: a) I certify that, for the duration of any EVENT I, am physically fit enough to perform my volunteer services, I have sufficiently trained for participation with any EVENT requirements and have not been advised otherwise by a qualified health professional.
a) I hereby take the following actions for myself, my executors, administrators, heirs, next of kin, successors, assigns, my staff members, or anyone else who might claim or sue on my behalf, and I expressly acknowledge that it is my intent to take these actions: (i) I AGREE to abide by the rules adopted by the EVENT; and (ii) I AGREE that prior to participating in any EVENT, I will inspect my and other’s volunteer area, equipment, food, chairs, tables, tents, grounds and/or facilities, other equipment, and areas to be used and if I believe any to be unsafe I will advise the person supervising EVENT.
2. EXPENSES: If applicable, PRODUCERS shall reimburse ME for the following expenses that are attributable directly to work performed under this Agreement. I shall submit an itemized statement of MY expenses. PRODUCERS shall pay ME within 30 days after receipt of each statement.
3. VEHICLES AND EQUIPMENT: I will furnish all vehicles, equipment, tools, and materials used to provide the services required by this Agreement. PRODUCERS will not require ME to rent or purchase any equipment, product, or service as a condition of entering into this Agreement.
4. INDEPENDENT VOLUNTEER STATUS: I AM an independent volunteer, and I shall not be deemed, PRODUCERS’ employee. In its capacity as an independent volunteer, I agree and represent, and PRODUCERS agree, as follows to perform volunteer services, as needed by PRODUCERS.
5. UNEMPLOYMENT COMPENSATION: PRODUCERS shall make no state or federal unemployment compensation payments on behalf of ME. I will not be entitled to these benefits in connection with volunteering services performed under this Agreement.
6. WORKER’S COMPENSATION: PRODUCERS shall not obtain workers' compensation insurance on behalf of ME.
7. INSURANCE: PRODUCERS shall not provide insurance coverage of any kind for ME.
8. TERM OF AGREEMENT: This agreement will become effective when signed by both parties and will terminate on the earlier of the date I complete the services required by this Agreement.
9. TERMINATING THE AGREEMENT: With reasonable cause, either PRODUCERS or I may terminate this Agreement, effective immediately upon giving written notice.
10. MODIFYING THE AGREEMENT: This Agreement may be modified only by a writing by PRODUCERS and provided to ME.
11. NO PARTNERSHIP: This Agreement does not create a partnership relationship. I do not have authority to enter into contracts on PRODUCERS’ behalf.
12. ASSUMPTION OF RISK: As a condition to participating, I HEREBY ASSUME THE RISKS OF MY PARTICIPATION IN ANY EVENT. I ACKNOWLEDGE that there may be third parties participating in any EVENT that may put me at risk and I also assume any and all other risks associated with participating in any EVENT including but not limited to: (a) food or water borne illness, (e.g. food poisoning, undercooked food, unwashed hands touching my food, wind blowing bacteria onto my food); (b) contact or collision with an object(s) (e.g., collision with spectators or EVENT personnel), contact with other participants, contact or collision with motor vehicles or machinery, and contact with man-made fixed objects or equipment; (c) encounter with equipment (e.g. stage, scaffolding, generator, or food trucks); (d) other equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure, imperfect equipment conditions, scolding hot stoves, pots, grills, and other cooking equipment); (e) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog, wind, snow, rain); (f) inadequate first aid and/or emergency measures; (g) judgment- and/or behavior-related problems (e.g., erratic or inappropriate co-participant or spectator behavior, erratic or inappropriate behavior by the participant, errors in judgment by personnel working the EVENT; (h) natural hazards (e.g. mud, grass, gravel, sand); (i) and loss of hearing caused by an extremely loud sound system, if you are exposed for an extended duration or by standing too close to any of the speakers. I further agree to follow the safety rules and regulations of any EVENT and understand and acknowledge that any of the risks mentioned in paragraph (j), and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic.
13. RELEASE: On behalf of myself, my spouse or domestic partner, my children, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, estate(s), and anyone else who can claim by or through such person or persons (collectively, the “Releasing Parties”), (a) I WAIVE, RELEASE, AND DISCHARGE THE FOLLOWING PERSONS OR ENTITIES: ROCK THE FORK PHOENIX, LLC, the PRODUCERS, and their insurance carriers, sponsors, exhibitors, EVENT vendors, EVENT promoters, subcontractors, product suppliers, participating charities, EVENT and EVENT directors, employees, instructors, volunteers, EVENT location owners and landlords, all states, cities, counties, or localities in which EVENTs or segments of EVENTs are held, and the officers, directors, employees, representatives, volunteers, and agents of any of the above (the “Released Parties”) FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES TO ME OR MY BUSINESS DUE TO EVENT ATTENDANCE, CLOSURE, OR ANY OTHER REASON WHATSOEVER, OR ANY LOST AND/OR STOLEN ITEMS, WHICH ARISE OUT OF, OR RELATE TO MY PARTICIPATION IN, OR MY TRAVELING TO AND FROM ANY EVENT, in any manner whatsoever, even if such claims, losses, or liabilities are caused by the ordinary negligence or acts or omissions of the Released Parties that I am hereby releasing or are caused by the ordinary negligence, or acts of any other person or entity; and (b) ALSO AGREE that the Released Parties shall not be responsible or liable in any way for: (i) any safety, participation or accounting procedures (“Procedures”) of any EVENT, or any changes thereof (ii) any other harm caused by an occurrence related to any EVENT, from and against any claim or cause of action arising out of the receipt or use of any Procedures associated with the EVENT, (iii) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable prizes, payments, or other materials (iv) or communications via telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (v) any condition caused by EVENTs beyond the control of the Released Parties that may cause any EVENT, and its EVENT Procedures therefrom, or any results of the Procedures to be disrupted or corrupted; (vi) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with any of the Procedures; (vii) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the EVENT Procedures; (viii) acceptance, possession, remittal or use of any prizes or payments; (ix) any alleged violation by Me of any law, regulation, or right held by a third party; (x) any EVENT where time and location changes, based on city permit processing and/or scheduling conflicts with location property managers; (xi) any EVENT where production time has exceeded, which leads to Procedures being adjusted to accommodate for time constraints in My city; and (xii) any challenge or EVENT were the weather is too dangerous for completing any EVENT, and needs to be stopped before I can complete any EVENT.
14. PHOTO RELEASE: I GRANT PERMISSION for the use of my name and/or likeness relating to my participation in any EVENT, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my likeness. ALSO AGREE that the Released Parties shall not be responsible or liable in any way FROM THE USE OR REUSE OF MY APPEARANCE, PERFORMANCE, NAME, VOICE, LIKENESS, OR BIOGRAPHICAL INFORMATION (including, without limitation, any claim that such use invades any right of privacy and/or publicity)
15. COVENANT NOT TO SUE: (a) I AGREE NOT TO SUE ANY OF THE RELEASED PARTIES IN PARAGRAPH (3) FOR ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES DUE TO EVENT ATTENDANCE, CLOSURE, OR ANY OTHER REASON WHATSOEVER, OR LOST AND/OR STOLEN ITEMS, AND ALL POTENTIAL LIABILITIES LISTED IN PARAGRAPH (3)(a) PARAGRAPH (3)(b), and PARAGRAPH (4), THAT ARISE OUT OF OR RELATE TO MY PARTICIPATION IN ANY EVENT; and (b) To the fullest extent permitted by law, I AGREE TO DEFEND, PAY ON BEHALF OF, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES IN PARAGRAPH (3), for any and all claims or demands, suits, loss, or liabilities assessed against them by me, my parent or guardian, co-participants, rescuers, and others, as a result of ALL POTENTIAL LIABILITIES LISTED IN PARAGRAPH (3)(a) PARAGRAPH (3)(b), and PARAGRAPH (4), THAT ARISE OUT OF OR RELATE TO MY PARTICIPATION IN ANY EVENT WHATSOEVER.
16. GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the State of California, notwithstanding its conflict of law provisions. Any action or proceeding brought to enforce the terms of this Agreement or adjudicate any dispute arising out of this Agreement shall be exclusively brought in San Bernardino County, State of California.
17. PRIOR AGREEMENT: This Agreement supersedes and replaces any and all previous agreements between the parties.
18. SEVERABILITY: If any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of this Agreement (including, without limitation, Section a [the Assumption of Risk provision] and Section b [the Release] and Section d [the Covenant Not to Sue]) remain legal and enforceable, the remainder of this Agreement shall remain operative and binding on the Parties.
19. SURVIVAL: The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
20. ARBITRATION: (a) If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration. (b) Any dispute arising out of or relating to this contract, or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of Ontario, California, in accordance with the United States Arbitration Act. There shall be three arbitrators, named in accordance with such rules, and the arbitrators shall decide the dispute in accordance with the substantive law of the State of California, and the award of the arbitrators shall be accompanied by a statement of the reasons upon which the award is based.
21. NON-DISPARAGEMENT: On behalf of myself, my business, my business partners, my staff, my spouse or domestic partner, my children, and our respective and/or collective issue, parents, siblings, heirs, assigns, personal representatives, or estate, (“We” or “Us”) that, unless required to do so by legal process, We will not make any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about any EVENT, any elements thereof, or any person or entity connected with any EVENT, or the Released Parties. I acknowledge that any disparaging remarks of the information described in this paragraph will constitute a material breach of this AWRL and will cause the Released Parties substantial and irreparable injury and will cause substantial damages in excess of Five Million Dollars ($5,000,000), entitling the Released Parties to, among other things: (a) injunctive or other equitable relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this paragraph by Us; (b) recovery or disgorgement of the monies and other consideration, if any, I received in connection with such disparagement; (c) forfeiture of any and all cash and/or prizes that I may have been entitled to for participating in any EVENT; and (d) recovery of the Released Parties’ damages and attorneys’ fees and court costs incurred to enforce this paragraph.
I HAVE READ THIS AGREEMENT, WAIVER AND RELEASE AND UNDERSTAND ITS CONTENTS, AND UNDERSTAND THAT VOLUNTARILY PARTICIPATING IN THIS ACTIVITY, I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHTS TO FINANCIAL RECOVERY FOR INJURY, WHETHER THE INJURY RESULTS FROM THE INHERENT RISKS OF THE ACTIVITY OR FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. I UNDERSTAND THE RISKS AND I AM CAPABLE OF PARTICIPATING AS AN INDEPENDENT CONTRACTOR.
In order to be considered for any events, you must agree that you understand ALL the following:
It's very important that everyone that works with us has a positive attitude, is punctual, and acts as a brand ambassador for the event even if you are a volunteer.
I am at least 16 years old.
I understand that submitting this request does not guarantee a volunteer position.
I have read the 2021 Volunteer Agreement, Wavier & Release
I understand that I will be required to wear a face mask during my shift.
Review and Submit
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