OC Habitats, Inc.(OCH), is a nonprofit organization whose mission is to is to provide a public service in the form of conservation efforts for the many habitats of Orange County, California through conservation efforts, rehabilitation, education, volunteerism, monitoring and partnering with other entities whose goal is to promote the preservation, conservation, and restoration of natural habitats and the species within.  OCH regularly engages volunteers in its activities.  By signing below, I, the volunteer (or Volunteer’s legal guardian), agree that:

Policy and Safety Rules:  For my safety and that of others, I will comply with OCH’s volunteer policies, safety rules and other directions for all volunteer activities. I will supervise any child or other person for whom I am responsible. If I become aware of any hazardous condition or danger at a OCH program site, I will alert OCH staff or directors.

Uphold OCH Mission: By signing this waiver I am accepting a volunteer position with OC Habitats and I am promising to uphold the mission of OC Habitats and that my intentions as a volunteer/intern are purely for the benefit of the ecological habitats and species that live within Orange County, California and to educate the public in a non-biased or nonpartisan manner.
Awareness and Assumption of Risk: I understand that OCH activities have inherent risks that may arise from the activities themselves, my own action or inactions, or the action or inaction of OCH, its directors, officers, employees and agents, other volunteers, and others present at OCH program sites. Risks can include scrapes, bumps, bruises to breaks and lacerations during our outdoor activities such as habitat hiking tours and restoration events.  I assume full responsibility for any and all risks of bodily injury, death or property damage caused by or arising directly or indirectly from my presence at OCH program sites or participation in OCH activities, regardless of the cause.

Waiver and Release of Claims: In consideration for my participation in Client programs, I waive and release any and all claims against: OCH; the owner(s) of the premises on which OCH programs take place (collectively, “Landowners”); and OCH’s and Landowners’ directors, officers, agents, employees, volunteers and affiliates (collectively, the “Released Parties”), for any liability, loss, damages, claims, expenses and attorneys’ fees resulting from death, or injury to my person or property, caused by or arising directly or indirectly from my presence at a OCH program site or participation in OCH activities, regardless of the cause and even if caused by negligence, whether passive or active. I agree not to sue any of the Released Parties on the basis of these waived and released claims. I waive the protections of Section 1542 of the California Civil Code, which provides that a general release does not extend to certain claims not known to me at the time I signed this waiver and release.

Medical Care Consent and Waiver: I authorize OCH to provide to me first aid and, through medical personnel of its choice, medical assistance, transportation and emergency medical services.  This consent does not impose a duty upon OCH to provide such assistance, transportation, or services. In addition, I waive and release any claims against the Release Parties arising out of any first aid, treatment or medical service, including lack or timing of such, made in connection with my volunteer activities with OCH.

Schedules: I understand that volunteer schedules and duties are diverse and varied depending upon the program needs and volunteer availability.  I further understand that as a volunteer/intern, I may be dismissed at any time without cause as determined by OCH and that OCH reserves the right to request that a volunteer leave immediately if circumstances warrant such action.  

Background Checks and Fingerprinting:  Submission of this waiver grants permission for OC Habitats to perform a background check and fingerprint of all volunteers who will be working with minors in our educational programs.

Indemnification: I will defend, indemnify and hold Released Parties harmless from and against any and all liability, loss, damages, claims and attorney’s fees that may be suffered by any Released Party resulting directly or indirectly from my OCH volunteer activities or presence and OCH program sites, except and only to the extent the liability is caused by gross negligence or willful misconduct or the relevant Released Party.

Confidentiality: As a volunteer, I may have access to confidential information.  At all times during and after my participation, I agree to hold any such confidential information in confidence and not disclose or use it except as required in my OCH volunteer activities or as OCH’s executive director expressly authorizes in writing.

Assignment of Work Product: If I prepare an y work product for OCH, I intend for OCH to have full and exclusive right to such work product, including brochures, reports, website, software, presentations, or other materials I create or help to create for OCH, and any intellectual property rights in or derivatives of such work product.  Accordingly, I: (a) assign to OCH all rights, title, and interest worldwide in the work product; (b) grant to OCH an irrevocable, exclusive, royalty-free, perpetual, and worldwide license to any right in the work product that cannot be assigned to OCH; and (c) waive enforcement against OCH of any rights in the work product that cannot be assigned or licensed to OCH.

Publicity: I consent to the use by OCH of my image, voice, name and/or story in any format, including video, print, or electronic (collectively, the “Materials”), as OCH may deem appropriate to promote its programs.  OCH may make the Materials available at its discretion to third parties, on OCH’s website, in OCH’s publications, or through any other media, including social networking websites. I waive any right to inspect or approve the finished product or to receive any payment.  I grant OCH all copyrights in the Materials and waive any legal claims, including those relating to copyright, or rights of publicity or privacy.

Volunteer Not an Employee: I understand that (i) I am not an employee of OCH, (ii)that I will not be paid for my participation, and (iii) I am not covered by or eligible for any OCH insurance, health care, worker’s compensation, or other benefits.  I may choose at any time not to participate in an activity, or to stop my participation entirely, with OCH.

General Provisions: I understand that this agreement will be binding for the duration of my involvement with OCH’s programs.  This is the final, complete, and exclusive agreement between OCH and me, and supersedes all prior or contemporaneous communications or understandings, either oral or written.  This agreement will be binding to the fullest extent permitted by law.  If any provision, of this agreement is found to be illegal, invalid or unenforceable, the remaining terms will be effective.