1. Volunteer Services: The volunteer desires to provide volunteer services for Olelo and to engage in activities related to serving as a volunteer or an intern.
a. Volunteer understands that:
(i) Volunteer is not an employee of Olelo,
(ii) the scope of the Volunteer’s relationship with Olelo is limited to a volunteer position,
(iii) Volunteer will not be paid for Volunteer's participation, and
(iv) Volunteer is not covered by, or eligible for, any life, disability, medical, dental, vision or other health, worker’s compensation, unemployment, or other insurance or benefits traditionally associated with employment or termination of employment, as a result of Volunteer's volunteer services. Volunteer expressly waives any such claim for compensation, insurance, and benefits from Olelo.
b. As a volunteer, Volunteer understands that Volunteer controls, and will advise Olelo of, the dates and times when Volunteer is available to participate. Olelo program or activity(each, a "Program" and two or more, collectively, "Programs") selected by Olelo. A volunteer may choose at any time not to participate in Program, or to stop Volunteer's participation entirely, with Olelo.
c. Volunteer understands that the equipment, materials, information, data, and tools provided by Olelo are and remain the property of Olelo, and Volunteer agrees to return all equipment, tools, information, data, and any remaining materials to Olelo at the end of Volunteer's service.
d. Volunteer also acknowledges that Olelo has not arranged for, and does not carry, any insurance of any kind for the benefit of Volunteer or its guardians, trustees, heirs, executors, administrators, successors, and assigns and that Volunteer is responsible for his/her own insurance coverage in the event of personal injury or illness as a result of Volunteer’s services to Olelo or occurring while at an Olelo program or activity site, location or premises (each, a "Site" and two or more, collectively, "Sites") or during an Olelo Program. Volunteer represents that, to his or her knowledge, Volunteer is in good health and suffers no physical impairment that would or should prevent Volunteer's participation in any volunteer activities.
2. Awareness and Assumption of Risk: Volunteer understands that Olelo Programs have inherent risks that may arise from the Programs themselves (such as video production), Volunteer's own actions or inactions, or the actions or inactions of Olelo, its directors, officers,
employees and agents, other volunteers, and others present at a Site or participating in the Program. Volunteer assumes full responsibility for any and all risks of bodily injury, death, illness, infection, disease or property damage caused by or arising directly or indirectly from Volunteer's presence at a Site or participation in a Program, regardless of the cause.
A volunteer is aware that participation as a volunteer may require periods standing, sitting, use of and proximity to equipment, tools, and materials, and lifting and carrying up to 50 pounds and will require the exercise of reasonable care to avoid injury. A volunteer is voluntarily participating in a Program with knowledge of the hazards and potential dangers involved and agrees to accept any and all risks of personal injury and property damage.
3. Waiver and Release: In consideration for Volunteer's participation in a Program, Volunteer, on behalf of himself/herself and his/her assignees, heirs, guardians, and legal representatives and along with anyone claiming through them (collectively, the "Releasing Parties"), hereby waives, releases and forever discharges any and all claims, causes of actions, disputes, demands of whatever kind of nature, either in law or in equity, against Olelo; the owners(including Olelo) of each Site on which Programs take place (collectively, the “Landowners”); and? Olelo’s and Landowners’ assigns, successors, directors, officers, agents, employees, volunteers, administrators, other legal representatives and affiliates (collectively, the "Released Parties”), in their individual capacity or in their business capacities, for and from any and all liabilities, losses, damages, agreements, contracts, obligations, promises, debts and/or accounts of any kind or any nature, whether currently known or unknown, and expenses and attorneys’ fees, resulting from death, injury, illness, infection, disease or damage to Volunteer's person or property, caused by, or arising directly or indirectly from, Volunteer's presence at a Site, or participation in a Program, regardless of the cause and even if caused by negligence, whether passive or active, which Volunteer and/or the other Releasing Parties have or ever had or may have in the future against Olelo or any of the Released Parties. Volunteer, on behalf of himself/herself and the Releasing Parties, agrees not to use any of the Released Parties on the basis of these waived, released, and discharged claims. Volunteer, on behalf of himself/herself and the Releasing Parties, waives, to the fullest extent permitted by law, the protections of any applicable law, which provides that a general release does not extend to certain claims not known to a Releasing Party at the time Volunteer signs this waiver and release.
4. Indemnification: Volunteer will defend, indemnify and hold the Released Parties harmless from and against any and all liabilities, losses, damages, claims, and attorney’s fees and costs that may be suffered by any Released Party resulting directly or indirectly from Volunteer's activities, acts and omissions, and Volunteer's presence at a Site, except and only to the extent the liability is caused solely by the gross negligence or willful misconduct of the relevant Released Party.
5. Medical Treatment and Care; Consent and Waiver: VOLUNTEER UNDERSTANDS THAT IFVOLUNTEER IS INJURED, EXPOSED OR INFECTED IN THE COURSE OF ANY PROGRAM OR ON ANY SITE, VOLUNTEER IS NOT COVERED BY OLELO'S WORKERS COMPENSATION OR HEALTH INSURANCE. Does volunteer authorize? Hello to provide to Volunteer first aid and, through medical personnel of its choice, medical assistance, transportation, and emergency medical services. Volunteer understands that Volunteer will be responsible for all medical, health, and other costs incurred in connection therewith. This consent does not impose a duty upon? Hello to provide such assistance, transportation, or services. In addition, the Volunteer, on behalf of himself/herself and each Releasing Party, waives and releases any and all claims against the Released Parties arising out of any such first aid, treatment, or medical service, including the lack or timing of such.
6. Policies and Safety Rules: For Volunteer's safety and that of others, Volunteers will comply with all of Olelo’s volunteer policies, safety rules, and other directions for all Programs and volunteer activities. The volunteer will supervise all children, minors, and other persons for whom the Volunteer is responsible. If the Volunteer becomes aware of any hazardous condition or danger at a Site, the Volunteer will immediately alert Olelo.
7. Publicity; Photographic Release; Assignment of Work Product: Volunteer consents to the use by Olelo of Volunteer's image, voice, name, and/or story in any format, including video, audio, print, or electronic (collectively, the “Materials”), as Olelo may deem it appropriate to promote its Programs. Olelo may make the Materials available at its discretion to third parties, on Olelo’s website, in Olelo’s programming and publications, or through any other media, including videos, and social networking websites. Volunteer waives any right to inspect or approve the finished product or to receive any payment. Volunteer grants and assigns to Olelo all copyrights in the Materials and waives all legal claims, including those relating to copyright, or rights of publicity or privacy. Volunteer grants and conveys to Olelo all rights, titles, and interests in any and all photographs, images, video, or audio recordings of Volunteer or Volunteer's likeness or voice made by Olelo in connection with Volunteer providing volunteer services to Olelo. If Volunteer prepares any work product for Olelo, Volunteer intends for Olelo to have full and exclusive rights to such work product, including audio/video recordings and materials, brochures, reports, websites, software, presentations, or other materials Volunteer creates or helps to create in the course of Volunteer's activities, and any intellectual property rights in or derivatives of such work product.
Accordingly, Volunteer:
(a) assigns to Olelo all rights, titles, and interests worldwide in the work product;
(b) grants to Olelo an irrevocable, exclusive, royalty-free, perpetual, and worldwide license to any rights in the work product that cannot be assigned to Olelo; and
(c) waives enforcement against Olelo of any rights in the work product that cannot be assigned or licensed to Olelo.
8. Confidentiality:
As a volunteer, a Volunteer may have access to confidential information. At all times during and after his or her participation, the Volunteer agrees to hold all such confidential information in confidence and not disclose or use it, except as required in Volunteer's Olelo volunteer activities or as Olelo’s executive director expressly authorizes in writing. Volunteers will not copy, transcribe, record, or memorize confidential information in any manner, nor disclose or use such information for any purpose other than for the limited purpose of providing the authorized services to Olelo.
9. Background Check: Volunteers are required to undergo a criminal background check prior to any Volunteer activity per Chapter 7 of Title 8, Hawaii Administrative Rules. The volunteer consents to the background check and agrees to provide needed information.
10. General Provisions:
a. Volunteer's participation in any Program may be terminated by either party at any time; provided, however, that all covenants, agreements, understandings, and obligations of Volunteer herein shall survive such termination.
b. This is the final, complete, and exclusive agreement between Olelo and Volunteer, and supersedes all prior or contemporaneous communications or understandings, either oral or written. This Release will be binding to the fullest extent permitted by law. If any provision of this Release is found to be illegal, invalid, or unenforceable, the enforceability of the remaining provisions of this Release shall not be affected and shall remain effective.
c. Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Hawaii and that this Release shall be governed by and interpreted in accordance with the laws of the State of Hawaii. Both parties consent to jurisdiction under the state and federal courts within the State of Hawaii. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
d. Headings to this Release are for convenience only and shall not be construed to limit or otherwise affect the terms of this Release.
The volunteer has read this Release, and by signing below, fully understands its terms and is aware that is a release and waiver of liability and that Volunteer is giving up certain legal rights by signing it. Volunteer signs it voluntarily and of Volunteer's own free will.
COVID Statement
In response to COVID-19, we are taking our lead from the State Department of Health and CDC to protect the health of our volunteers, staff, and community. We strictly enforce the following: any volunteer exhibiting symptoms of illness or possible illness must remain home. Should any volunteer arrive at ‘Olelo showing symptoms of illness, they will be asked to go home.