Volunteer Waiver and Release, Indemnification and Intellectual Property Rights

Volunteer Waiver and Release, Indemnification, Adherence to Policies & Procedures, Photographic Release and Intellectual Property Rights

Cycling Without Age Napier Trust (CWA Napier), an affiliate of Cycling Without Age, is creating intergenerational experiences by providing Triobike rides for elders piloted by volunteers.

In consideration for permission to act as a volunteer for CWA Napier,
I,

Persons name *

First name

Last name

on behalf of myself, my personal representatives, administrators, executors, assigns, heirs, and next of kin:

1. Volunteer Relationship:
I hereby acknowledge my desire to volunteer my services to CWA Napier for charitable and/or humanitarian reasons. I understand and agree that as a volunteer, I am not an employee, partner, agent, representative or contractor of CWA Napier under law.

I also understand and agree that because I am donating services to CWA Napier for altruistic reasons: (i) I have no expectations of any compensation, pay, fee, or benefits for the services; and (ii) I am not entitled to wages or employee benefits to which any CWA Napier employees may be entitled.

This Agreement will apply to all CWA Napier events or activities in which I provide voluntary services (referred to herein as “Service”).

2. Waiver of Liability and Release:
I acknowledge, agree and represent that I understand and am aware that Service including, among others, use of CWA Napier equipment over public roads and facilities open to the public, and transportation to and from such Service, are hazardous activities involving inherent and other risks of injury to any and all parts of the body.

I further understand that injuries during Service are a common and ordinary occurrence and have made a voluntary choice to accept and assume All Risks of Injury or Death that might be associated with or result. These include, but are not limited to, collision, equipment failure, and jolts and bumps experienced during use of equipment.

I acknowledge that cover may be available under The Injury Prevention, Rehabilitation and Compensation Act 2001.

I further release, discharge and hold harmless CWA Napier, its directors, officers, employees, agents, administrators, insurers, successors and assigns from all liability and claims of any and every kind and nature, whether arising out of negligence or otherwise, for any injuries, including death and loss of property arising from Service.

I hereby waive all current and future claims, whether or not known and whether or not foreseeable, against any parties arising from any loss, damage or injury, including death, to my person and property arising from my Service.

3. Indemnification:
I agree to indemnify, hold harmless and defend, to the fullest extent permitted by law, CWA Napier, from and against all demands, claims, liabilities, suits, causes of action, judgments, damages, losses, penalties, and/or expenses of any kind or nature whatsoever, including attorneys’ fees, arising, directly or indirectly, from or resulting, directly or indirectly, from my Service hereunder, however caused and regardless of
any actions or omissions of CWA Napier.

I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by law, and if any portion is held invalid, the balance shall continue in full legal force and effect. I agree that no oral representations, statements or inducements apart from this Agreement have been made.

4. Adherence to Policies and Procedures:
By signing this document, I acknowledge I am licensed to pilot a Triobike and will adhere to the policies, rules, regulations, procedures and requirements included in the CWA Napier training provided. I will also abide by New Zealand traffic law and Napier City’s bicycle ordinances. I am 18 years of age or older and possess a valid driver’s license

5. Photographic Release and Intellectual Property Rights:
I understand and agree that photographs, video and audio recordings may be taken during all CWA Napier events or activities in which I provide voluntary services and authorize their use and reproduction by CWA Napier. All related files, recordings and prints shall become the sole property of CWA Napier.

My signature acknowledges that I am over the age of 18 and had sufficient time to read and understand this waiver. I have had the opportunity to seek my own legal advice and that I understand and agree to the conditions stated in this document and that they are binding on my heirs, next of kin, executors, administrators, and successors and all information is true and correct.

Signature

Dated *