VOLUNTEER WAIVER, RELEASE, AND INDEMNITY AGREEMENT

The undersigned Volunteer or Parent/Legal Guardian of Volunteer if Volunteer is under age 18 (hereafter referred to using "I", "me", or "my") has agreed to volunteer my services for the Yerba Buena Gardens Conservancy ("YBGC") volunteer activities and all related activities, including any activities incidental to such participation ("Volunteer Activities").

I understand that for Volunteers age 13 and below, a Parent/Legal Guardian of Volunteer is required to be present during Volunteer Activities.

I understand that YBGC provides no compensation for my services and that I am not entitled to any benefits from YBGC, including but not limited to workers' compensation benefits.

Assumption of Risk

I understand that participation in the Volunteer Activities involves certain risks, including, but not limited to, serious injury, death, and damage to property. I attest and verify that I am in good health, possess the physical fitness and ability to perform the Volunteer Activities, and that I have no physical limitations that would affect or prevent my performance of the Volunteer Activities. If I do not feel that I am capable of performing any of the Volunteer Activities, I assume the responsibility of informing whomever is designated as the Supervisor or Manager of the Volunteer Activities.

I further understand that for Volunteers age 13 and below, a Parent/Legal Guardian of Volunteer is required to be present during Volunteer Activities.

In consideration for being allowed to participate in the Volunteer Activities, I hereby assume the risk of, and responsibility for, any such injury, death, or damage which I may sustain arising out of or in any way connected with performance of the Volunteer Activities, including injury, death, or damage resulting from any acts or omissions, whether negligent or not, or any property or equipment owned or supplied by or on behalf of YBGC, its officers, directors, employees, sub-contractors, sponsors, agents, affiliates, volunteers, and any other promoters, operators, or co-sponsors of the Volunteer Activities. I understand and agree that YBGC is not responsible for any injury, death, or property damage arising out of the Volunteer Activities, even if caused by their ordinary negligence or otherwise.

I am voluntarily participating in the Volunteer Activities with knowledge of the danger involved and I agree to accept all risks of participation.

Release and Indemnification

In consideration for being allowed to participate in the Volunteer Activities, I hereby release, waive, and discharge YBGC, its officers, directors, employees, sub-contractors, sponsors, agents, affiliates, volunteers, and any other promoters, operators, or co-sponsors of the Volunteer Activities from any and all liability, claims, or causes of action arising out of or in any way connected with my performance of the Volunteer Activities, including for property damage, personal injury, or wrongful death, or upon its acts or omissions, whether negligent or not ("Waiver"). I agree to this Waiver on behalf of myself, my family, estate, heirs, executors, administrators, and assigns.

As further consideration for being allowed to participate in the Volunteer Activities, I hereby agree, on behalf of myself, my family, estate, heirs, executors, administrators, and assigns, to indemnify and hold harmless YBGC, its officers, directors, employees, sub-contractors, sponsors, agents, affiliates, volunteers, and any other promoters, operators, or co-sponsors of the Volunteer Activities, from any and all claims for compensation, personal injury, property damage, or wrongful death caused by my negligence or willful misconduct in the performance of the Volunteer Activities.

Interpretation and Insurance

I understand that this document is intended to be as broad and inclusive as permitted by the laws of the state of California and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect.

I also acknowledge that YBGC has not arranged and does not carry any insurance of any kind for my benefit or that of Volunteer (if Volunteer is under 18), my parents, guardians, trustees, heirs, executors, administrators, successors, and assigns.

I also understand that this document is a contract which grants certain rights to and eliminates the liability of YBGC.

Photo and Media Release

In consideration of being permitted to participate in the Volunteer Activities, I hereby grant permission to YBGC, its officers, directors, employees, agents, affiliates, volunteers, contractors, sponsors, and program partners to use photographs, video recordings, or other media taken of me (and/or my minor child, if applicable) during participation in the Volunteer Activities for purposes including, but not limited to, program guides, brochures, websites, flyers, news releases, and other promotional or educational materials. I expressly waive any rights of compensation or ownership thereto.

Knowing and Voluntary Execution

I have carefully read this Volunteer Waiver, Release, and Indemnity Agreement and fully understand its contents. I understand that by signing this form, I am giving up legal rights and remedies. I knowingly and voluntarily give up these rights and remedies of my own free will.