This City of Santa Barbara Garden Education Program Volunteer Agreement (“Volunteer Agreement”) is specific to the participation in the Garden Education Program Volunteer Opportunities with Santa Barbara Public Library (“SBPL”).
In consideration of being permitted to volunteer for the SBPL Garden Education Program or use any City of Santa Barbara (“City”) facilities in connection with this Garden Education Program, I, the undersigned, being of lawful age, knowingly and voluntarily state and agree as follows:
I certify that I am not an employee of the City, and if I am singing on behalf of a minor, I certify the minor is not an employee of the City.
I acknowledge and understand that Garden Education Program activities include, but are not limited to, pulling weeds, watering, planting, mulching, harvesting, pruning, preparing garden beds, using common garden tools, and physical movement including but not limited to bending, squatting, kneeling, pushing a wheelbarrow or similar hauling device, and lifting and carrying items of various sizes and weights.
I certify and agree that I am capable of performing the duties set forth in this Volunteer Agreement and know of no physical condition which would preclude the performance of those duties and if I am singing on behalf of a minor, I certify that the minor is capable of performing the duties set forth in this Volunteer Agreement and there are no known physical conditions that would preclude the minor from performing those duties. I agree to notify Library Staff if any such physical condition shall arise during the course of volunteering with Santa Barbara Public Library.
I agree to comply with rules, policies, and procedures of the City including, but not limited to, the City Drug Free Workplace Policy, and if I am signing on behalf of a minor, that minor agrees to comply with the rules, policies, and procedures of the City including the Drug Free Workplace Policy. I further understand that if I, or the minor I am signing on behalf of, want a copy of the City Drug Free Workplace Policy or any other policy, I can request from Library Staff an internet link or a printed copy.
I acknowledge and agree that I have read and understand the SBPL Code of Conduct and agree to abide by it, and if I am singing on behalf of a minor, that minor has read and understands the SBPL Code of Conduct and agrees to abide by it. I understand that if I, or the minor I am signing on behalf of, want a copy of the SBPL Code of Conduct I can request from Library Staff an internet link or printed copy.
I understand that SBPL reserves the right to take and use photos of participants for publicity purposes free of charge and that these photos of participants may be used in SBPL promotional materials. I understand that I may opt out of consenting to SBPL’s use of my photos or videos for promotional materials, or if I am singing on behalf of a minor, I can opt out of consenting to SBPL’s use of their photos or videos for SBPL’s promotional materials, by selecting the “no” box below:
YES 𝤿 by checking this box, I hereby grant SBPL permission for the free use of my likeness, name, voice, and words in any broadcast, telecast, print or internet media, or social media account.
NO 𝤿 by checking this box I am opting out of consenting to SBPL’s use of my photos or videos in Library promotional materials.
I understand, or if I am signing on behalf of a minor then the minor understands, that a volunteer assignment may be terminated for grounds that include but are not limited to failing to complete responsibilities in an acceptable manner, failing to fulfil the time commitment or training requirements, abusing SBPL rules or policies, exercising unsafe work practices, or excessively disrupting program participants or staff. I further understand that a volunteer may be dismissed at any time and SBPL reserves the right to request that a volunteer leave the Library premises immediately if circumstances warrant such actions.
HOLD HARMLESS AND INDEMNIFICATION.
THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE THE CITY OF SANTA BARBARA, ITS EMPLOYEES, OFFICERS AND AGENTS (hereinafter referred to as "releasees") from all liability to the undersigned, his or her personal representatives, assigns, heirs, and next of kin for any loss, damage, or claim therefore on account of injury to the person or property of the undersigned, whether caused by any negligent act or omission of the releasees or otherwise while the undersigned is participating in the City activity or using any City facilities in connection with the activity.
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS the releasees from all liability, claims, demands, causes of action, charges, expenses, and attorney fees (including attorney fees to establish the releasee's right to indemnity or incurred on appeal) resulting from involvement in this activity whether caused by any negligent act or omission of the releasees or otherwise.
THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE while upon City property or participating in the activity or using any City facilities and equipment whether caused by any negligent act or omission of releasees or otherwise.
The undersigned expressly agrees that the foregoing release and waiver, indemnity agreement and assumption of risk are intended to be as broad and inclusive as permitted by California law and that if any portion thereof be held invalid, notwithstanding, the balance shall continue in full legal force and effect.
I acknowledge that I have read the foregoing and that I am aware of the legal consequences of this agreement, including that it prevents me from suing the City or its employees, agents, or officers if I am injured or damaged for any reason as a result of participation in this activity. I further acknowledge that no oral representations or statements or inducements have been made.
