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WAIVER AND RELEASE OF LIABILITY
Thank you for your efforts on behalf of Koyamada International Foundation Kenya (KIF Kenya) and its affiliated organizations (“KIF”), a nonprofit organization and the community that it serves. We greatly appreciate your assistance and commitment to improve quality of people’s life by empowering global youth and women to reach their full potential and by providing humanitarian aid to promote global peace and sustainable development.
This Release and Waiver of Liability (the “Release”) executed as of the date indicated below, by the undersigned (the “Volunteer”) in favor of KIF, its officers, directors, employees, sub-contractors, sponsors, agents and affiliates (collectively, “KIF”). Volunteer desires to work as a volunteer for KIF and engage in the activities related to being a volunteer (the “Activities”). Volunteer understands that the Activities may include any of the positions or activities listed on the attached Schedule A or other activities at the discretion of KIF.
Volunteer hereby freely, voluntarily, and without duress executes this Release under the following terms:
1. Release and Waiver:
Volunteer does hereby release and forever discharge and hold harmless KIF and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Volunteer’s Activities with KIF. Volunteer understands that this Release discharges KIF from any liability or claim that the Volunteer may have against KIF with respect to any bodily injury, personal injury, illness, death, or property damage that may result from the Volunteer’s Activities with KIF, whether caused by the negligence of KIF or other Volunteer’s or third parties. Volunteer also understands that KIF does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
2. Medical Treatment:
Volunteer does hereby release and forever discharge KIF from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with Volunteer’s Activities with KIF.
3. Assumption of the Risk:
Volunteer understands that the Activities include work that may be hazardous to Volunteer, including, physical labor and physical activities. Volunteer hereby expressly and specifically assumes the risk of injury or harm in the Activities and releases KIF from all liability for injury, illness, death, or property damage resulting from the Activities.
4. Volunteer Warranties:
Volunteer warrants and represents that Volunteer is 18 years of age or older or has a waiver executed by Volunteers parent or legal guardian; Volunteer recognizes and appreciates any dangers and risks inherent in volunteering for KIF; Volunteer is submitting this release and waiver of liability declaration voluntarily and of Volunteer’s own free will; Volunteer does not have any physical or emotional issues, nor any history thereof, which will impair Volunteer’s ability to volunteer with KIF; Volunteer is a citizen of Kenya or has a legal right to reside in Kenya; Volunteer shall cooperate fully in the event KIF elects at its discretion to conduct a background check on Volunteer; Volunteer understands that Volunteer is not an employee, agent, independent contractor, affiliate or representative of KIF in any way; Volunteer understands and agrees that Volunteer’s hours worked for KIF are voluntary, unpaid and without compensation, benefits or consideration whatsoever; Volunteer understands that Volunteer must follow all of KIF’s policies and procedures; and Volunteer understand that Volunteer may be terminated at any time for any reason and without notice or cause at the discretion of KIF.
Volunteer understands that Volunteer does not qualify for worker’s compensation benefits and, except as otherwise agreed to by KIF in writing, KIF does not carry or maintain health, medical, or disability insurance for Volunteer. Volunteer is expected and encouraged to obtain his or her own medical or health insurance coverage.
6. Photographic Release:
Volunteer does hereby grant and convey unto KIF all rights, title, and interest in any and all photographic images and video or audio recordings made by KIF during the Volunteer’s Activities with KIF, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings and KIF may distribute the same in any and all media, known or hereafter created, at KIF’s discretion and without compensation to, or permission from Volunteer.
7. Confidentiality / Non-disclosure / Non-disparagement:
KIF’s “Confidential Information” is defined as proprietary information, trade secrets, or any other confidential information of KIF, that Volunteer learns or discovers within the scope of the Activities, including, but not limited to, any information identified as confidential or which under all of the circumstances ought to be treated as confidential. Volunteer shall not disclose, use, publish, disseminate or otherwise communicate, directly or indirectly, in whole or in part, at any time or in any manner, any Confidential Information to any third party without the prior written consent of KIF. Further, Volunteer warrants that Volunteer will not disparage KIF in any way whatsoever, whether in writing or orally, to any other person (including but not limited to, third party websites such as Yelp etc.), directly or indirectly, or by or through any other person or persona.
Volunteer expressly agrees that this Release in intended to be as broad and inclusive as permitted by the laws of Kenya and that this Release shall be governed by and interpreted in accordance with the laws of Kenya. Volunteer agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
I agree certify that all information submitted by me on this application is true and complete. I understand that if any false information, omissions, or misrepresentations are discovered, my membership application may be rejected or terminated at any time. In consideration of my membership application, I agree to adhere to the policies and regulations of Koyamada International Foundation (KIF) Kenya. I agree that KIF Kenya membership is as of the date payment is received by KIF Kenya and renewal is annual by payment of the membership fee.