Volunteer Waiver of Liability / Confidentiality Agreement
VOLUNTEER RELEASE AND WAIVER OF LIABILITY
(Please read carefully! This is a legal document that affects your legal rights!)
This Release and Waiver of Liability (the “Release”) is executed on this date, by me (the "volunteer") in favor of the CITY OF ROGERS, an Arkansas municipality (“the City”), its officers, employees, and agents.
The Volunteer desires to participate in providing services to the public (“Services”), which the Volunteer understands may include working with a City crew, going to and from work locations, and providing manual labor. Volunteer’s participation is completely voluntary and Volunteer understands no compensation will be received by him/her. The Volunteer freely, voluntarily, and without duress executes this Release under the following terms:
1. Waiver and Release. Volunteer covenants not to sue, releases and holds harmless the City, its officers, employees and agents, from liability, claims and demands of whatever kind or nature, either in law or in equity, which arise from Volunteer’s participation in the Services. By signing this, Volunteer discharges the City, its officers, employees and agents from any liability or claim that Volunteer may have with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Volunteer’s participation in the Services. Volunteer also understands that the City does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, disability, or car insurance. Volunteer further understands that he/she is not an employee of the City and Volunteer waives any claim to wages or other City employee benefits.
2. Insurance and Indemnification. Volunteer releases and forever discharges the City from any claim whatsoever which arises now or later on account of any first aid, treatment, or service rendered in connection with the Volunteer’s participation in the Services. Volunteer understands that the City does not carry or maintain health, medical, disability, or car insurance coverage for any Volunteer. Volunteer agrees to indemnify and hold harmless the City and its respective successors, assigns, officers, employees, and agents from and against all claims directly or indirectly arising out of or related to the Volunteer’s participation in the Services. Each Volunteer is encouraged to have medical, health, and car insurance coverage in effect while participating in the Services.
3. Assumption of Risk. The Volunteer understands that the Services may include activities that may be hazardous to the Volunteer. Volunteer assumes the risk of injury or harm in these activities and releases the city from all liability for injury, illness, death, or property damage resulting from the activities of the Volunteer’s participation in the Services. The Volunteer hereby indemnifies the City, its officers, directors, employees, and agents for any action that Volunteer commits that may subject the City to liability.
4. Photographic Release. Volunteer grants to the City and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of me, for advertising and any other promotional purposes and in any manner and medium; to alter the same without restriction; and to copyright the same. I hereby release the City of its legal representatives and assigns from all claims and liability relating to said photographs.
5. Other. This release is intended to be as inclusive as the laws of Arkansas permit and that it shall be governed by the laws of Arkansas, with venue to be in the Circuit Court of Benton County, Arkansas. Volunteer agrees that if a clause or provision of this release is found by a court to be invalid, that finding shall not invalidate any other clause or provision of this release which shall continue to be enforceable.
a) Volunteer understands that the City of Rogers and its’ agencies are immune from liability and from suit for damages except to the extent that they may be covered by liability insurance and that no tort action shall lie against any such political subdivision because of the acts of its’ agents and employees. (See Ark. Code Ann. § 21-9-301). Volunteer further understands that this Waiver shall remain valid indefinitely or until revoked by me, in writing, with at least 7 days prior notice given to the City.
Volunteer Confidentiality Agreement
1. Any patron information the volunteer may gain access to in the course of their volunteer service is to be considered strictly confidential. Arkansas Code 13-2-701 defines confidential library records as documents or information in any format retained in a library that identifies a patron as having requested, used, or obtained specific materials.
2. If approached by a patron requesting account information from any account other than their own, the volunteer will respectfully direct them to an available staff member at a service desk.
3. Wrongful disclosure of patron information will result in the termination of volunteer services and may result in legal action in accordance with Arkansas Code 13-2-702.
4. At any time the volunteer may request to be provided with a copy of the referenced Arkansas Codes.
