Volunteer Release of Liability, Waiver, and Assumption of Risk Agreement (California)

Purpose:
BirchBark Foundation (“BirchBark”) is a California nonprofit organization dedicated to preserving the human-animal bond by helping families in crisis through financial assistance, education, and emotional support. Volunteers are an essential part of BirchBark’s mission. This document is intended to inform volunteers of the responsibilities and inherent risks associated with volunteer activities and to release BirchBark from certain liabilities under California law.

1. Volunteer Status

I understand that I am serving as a volunteer, not an employee, contractor, or agent of BirchBark. I will not receive wages, benefits, or other compensation for my services. Nothing in this agreement creates an employment relationship.

2. Assumption of Risk (California Civil Code § 1668)

I acknowledge that my volunteer work may involve inherent risks including, but not limited to:

  • Working with or around animals that may bite, scratch, or otherwise injure,

  • Lifting, carrying, or moving supplies and equipment,

  • Interacting with the public at community or fundraising events, and

  • Traveling to and from volunteer sites.

I freely and voluntarily assume all risks of injury, illness (including zoonotic diseases), or property damage that may arise out of my participation, whether foreseeable or not, even if caused by the ordinary negligence of BirchBark or its agents.

3. Waiver and Release of Liability

To the fullest extent permitted by California law, I hereby waive, release, and discharge BirchBark Foundation, its directors, officers, employees, volunteers, agents, affiliates, successors, and assigns (“Released Parties”) from any and all claims, demands, losses, liabilities, or causes of action arising from or related to my volunteer activities.

This release does not waive liability for gross negligence, willful misconduct, or violations of law that cannot legally be waived under California Civil Code § 1668 or other applicable statutes.

4. Medical Treatment and Emergencies

I authorize BirchBark to provide or obtain emergency medical care if I am injured or become ill while volunteering. I understand that I am responsible for any costs associated with such treatment. I acknowledge that BirchBark does not provide health or accident insurance for volunteers.

5. Insurance

I understand that BirchBark does not carry medical or workers’ compensation insurance for volunteers and that I am solely responsible for my own insurance coverage.

6. Photographic and Media Release

I grant BirchBark permission to use photographs, videos, and other media containing my likeness or voice taken during volunteer activities in BirchBark’s printed or digital materials, without compensation, for lawful organizational purposes.

If I do not consent to this, I will notify BirchBark in writing prior to volunteering.

7. Code of Conduct

I agree to perform my volunteer duties responsibly, follow all instructions from BirchBark staff, and comply with all applicable laws, policies, and safety procedures. I will act in a respectful and professional manner toward clients, staff, other volunteers, and animals.

8. Governing Law and Severability

This agreement shall be governed by and construed in accordance with the laws of the State of California. If any provision of this agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

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