Volunteer Waiver The Festival Foundation encourages volunteer participation by all who are interested. At the same time, The Festival Foundation has an obligation to provide a safe and secure environment for its guests, and also has a responsibility to be cautious in handling its assets. To that end, The Festival Foundation reserves the right to conduct a criminal background check on any volunteer. A criminal conviction will not necessarily prevent an applicant from volunteering; consideration will be made on a case-by-case basis as to whether an individual with a record may serve as a volunteer.
The Festival Foundation shall keep all information obtained from the criminal background check process strictly confidential, and this information will be used only as part of the volunteer placement process. Only appropriate personnel at The Festival Foundation will have access to this information.
By clicking on "I agree" at the end of this registration form, you hereby consent and authorize the release of any criminal history records and information to The Festival Foundation and understand that your application may be rejected based on the results of your criminal history. You may request further information from The Festival Foundation in regard to the general guidelines that are used for volunteer approval and dismissal in the application process.
VOLUNTEER RELEASE OF LIABILITY
(THIS IS A LEGAL DOCUMENT. PLEASE READ CAREFULLY AND IF YOU AGREE WITH ITS
CONTENTS, SIGN WHERE INDICATED BELOW.)
Volunteer at The Festival Foundation assumes all risks, hazards and conditions encountered while
on The Festival Foundation premises. The Festival Foundation shall not be held responsible for any damage, loss of personal
property or expense incurred by Volunteer while performing any of his/her activities on the premises
while acting as a Volunteer.
Volunteer shall be responsible for, bear, relieve, indemnify, defend and hold The Festival Foundation and its agents and
employees (the "Indemnitees") harmless from and against any and all claims, actions, damages,
liabilities, losses, cost and expenses, including but not limited to attorneys' fees and settlement costs,
arising directly or indirectly out of or resulting from or in connection with the Volunteer's activities
while on The Festival Foundation premises, provided that any such claim, action, damage, liability, loss, cost or
expense does not arise out of the sole negligence or willful misconduct of The Festival Foundation or any of its
agents or employees.
I authorize The Festival Foundation to record my image and voice (or that of my minor child named below) and give The Festival Foundation
and all persons or entities acting pursuant to The Festival Foundation permission or authority all rights to use the
recorded images and vocal recordings. I understand that said images and recordings will be used for
educational, advertising, and promotional purposes in all conventional and electronic media, and any
future media. I also authorize the use of any printed material in connection therewith. I understand
and agree that these images and recordings may be duplicated, distributed with or without charge,
and/or altered in any form or manner without future/further compensation or liability, in perpetuity.
Because The Festival Foundation activities are open for other individuals, I recognize that I am at higher risk of contracting COVID-19 OR OTHER COMMUNICABLE DISEASE VARIANT OR EQUIVALENT. I also agree, that in the event anyone in my family or friends has been diagnosed with a confirmed COVID-19 OR OTHER COMMUNICABLE DISEASE VARIANT OR EQUIVALENT diagnosis, or has been exposed to a confirmed COVID-19 OR OTHER COMMUNICABLE DISEASE VARIANT OR EQUIVALENT diagnosed individual, I will advise The Festival Foundation staff, and refrain from activities at The Festival Foundation. Further, I agree, for myself and/or my minor child, that:
1. With full awareness and appreciation of the risks involved, I, for myself, and/or on behalf of my minor child, hereby forever release, waive, discharge, and covenant not to sue The Festival Foundation or their agents, servants, volunteers, employees, successors, assigns and/or any others taking part in The Festival Foundation Activities (collectively the “Released Parties”) from any and/or all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my minor child related to COVID-19 OR OTHER COMMUNICABLE DISEASE VARIANT OR EQUIVALENT, whether caused by the negligence of the Released Parties, or otherwise, while participating in any Festival Foundation Activities.
2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my and/or my minor child’s participation in The Festival Foundation Activities, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19 OR OTHER COMMUNICABLE DISEASE VARIANT OR EQUIVALENT.
3. By signing below I acknowledge that I have read the foregoing Waiver of Liability and Indemnification (“Waiver), understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in participating in The Festival Foundation Activities, to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Waiver shall be governed by and construed in accordance with Michigan law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Waiver as a whole.