PARK HOST VOLUNTEER ACKNOWLEDGMENT, INDEMNITY
AGREEMENT, AND RELEASE OF LIABILITY
1 Katie RiveR, desire to volunteer as a Park Host for the City of Santa Ana ("City"), without compensation beginning October 2024. In consideration for allowing me to volunteer as a Park Host, I agree as follows:
1. Volunteer Status. I understand and acknowledge that I am engaging as a Park Host as a volunteer and not as an employee, agent, or officer of the City. I further acknowledge that I am not entitled to compensation, benefits, or insurance coverage from the City. The City may terminate my status as a volunteer for the City at any time and for any reason.
2. Release of Liability. I HEREBY FULLY RELEASE, WAIVE,
DISCHARGE AND COVENANT NOT TO SUE THE CITY OF
SANTA ANA, ITS EMPLOYEES, ELECTED AND APPOINTED
OFFICIALS, VOLUNTEERS, ATTORNEYS, AGENTS AND ANY
OTHER PERSONS • ACTING ON THE CITY'S BEHALF
(HEREAFTER THE "RELEASEES") FROM ANY AND ALL
CLAIMS FOR BODILY INJURY (INCLUDING DEATH), AND
OTHER LIABILITY, DAMAGES, LAWSUITS, EXPENSES OF ANY
KIND (INCLUDING MEDICAL AND ATTORNEY'S FEES),
ARISING OUT OF OR RELATING TO MY PARTICIPATION AS A
PARK HOST FOR THE CITY OF SANTA ANA AND I AGREE TO
WAIVE ANY RIGHTS TO MAKE THE ABOVE CLAIMS
THROUGH A LAWSUIT OR OTHERWISE AGAINST THE
RELEASEES ABOVE.
3. Park Host Duties. I acknowledge and agree to comply with the Park Host duties and obligations set forth in the attached Exhibit A. I further agree to abide by the City's Volunteer Policy and Handbook, the City's Policy against Harassment, Discrimination and Retaliation, and any other City policies applicable to volunteers.
4. Trailer Use and Trailer Site Area. | acknowledge that, the City grants to me the right to enter and use the City Trailer Site Area as defined in Exhibit B, including the City Trailer, and subject to the
Permitted Uses described in Exhibit C. I acknowledge and agree that this right of entry for the City Trailer and City Trailer Site shall begin October _, 2024 and remain in effect until December 31, 2025 or until termination of the Park Host assignment by the City, whichever occurs first. Said Agreement regarding Trailer Use and Trailer Site Area may be extended for up to one (1) year in writing signed by the City Manager and in a form approved by the City Attorney. I acknowledge and agree that the right of entry for the City Trailer and City Trailer Site may be terminated at any time and for any reason. I understand and agree that I will be given a reasonable amount of time, not to exceed five (5) calendar days, to remove all personal belongings from City Trailer and City Trailer Site. I understand and agree that this Agreement is not a lease or grant of any possessory or other interest in City Trailer or City Trailer Site.
5. Restoration and Clean Up. I acknowledge that after use of the City Trailer Site, I shall restore the City Trailer Site and City Trailer to its original condition in which it existed immediately prior to this Agreement, leave the City Trailer Site and City Trailer in a neat and clean condition to the sole satisfaction of the City, free of trash and debris, and remove all property and materials of mine.
Compliance with Laws. I agree to comply with all applicable federal, state, and local laws, ordinances, regulations, and permits as it pertains to be park Host volunteer duties and use of the City's Trailer and Trailer Site.
7. Damage. In the event that I damage any portion of the City Trailer or City Trailer Site and/or the improvements or equipment therein, Alemat vely. I understand ana ache dange that the cile coat. its election repair the damage in which case I shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City.
8. Utility Hook-Ups. I acknowledge that City will provide utility (gas, electricity and water hook ups) at City's expense for the City volunteer Park Host. Trailer during my use of the City Trailer in my capacity as a
9. AS-IS Condition. 1 acknowledge that the City makes no representations or warranties of any kind as to the condition of the City Trailer Site, the City Trailer, or any other matter relating to my use of the City Trailer Site or City Trailer. I hereby disclaim and waive any and all objections to the physical and other
characteristics and conditions of the City Trailer Site or the City Trailer. I acknowledge and agree that the use of the City Trailer Site and City trailer provided by the City will be on the basis of my own investigation of the condition of the City Trailer Site and City Trailer. I understand and agree that the right of entry to use the City Trailer Site and City Trailer provided by the City shall be granted on an "AS-IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which | hereby acknowledge and accept, any implied warranty of condition or fitness for a particular purpose or use. I understand and agree that my use of the City Trailer Site shall be subject to the City Trailer Site being in a usable and safe condition at the time of my use and I shall be responsible for determining whether the City Trailer Site is in such condition. In connection therewith, in the event that the City Trailer Site or access thereto is damaged or obstructed or the use by me is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the City Trailer Site usable or safe.
10. Personal Property. I shall secure sufficient insurance to cover the value of my personal belongings. I shall assume all risk of loss, theft, or damage to any of my personal property, equipment, or supplies arising from or connected with services I perform for the City in my capacity as a volunteer Park Host.
11. Knowing and Voluntary. I am over the age of eighteen and legally competent to sign this liability release, waiver and agreement. I understand that the terms herein are contractual and not a mere recital, this instrument is legally binding, and I have signed this document of my own free will.
12. Indemnity. I agree to indemnify, defend, and hold harmless City, and its respective agents, representatives, employees,
subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to my use of the City Trailer Site, the entry by any Party on the City Trailer Site and City Trailer, or my breach or default in the performance of any of its obligations under this Agreement; except for any claims arising solely from the negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, I, upon receipt of written notice from Covered Party, agree to defend the same at my expense with legal counsel reasonably acceptable to Covered Party. Provision of services shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 12 shall survive the termination or expiration of this Agreement.
13. Injury. I agree to release the City from any claim that may arise as a result of any first aid treatment or other medical services that I receive in connection with my service as a volunteer with the City.
If I am injured while volunteering as a Park Host, I authorize any physician licensed in California to provide the emergency treatment he or she believes, in his or her sole judgment is necessary. I also fully understand that the City does not assume any responsibility or obligation to provide financial assistance or other assistance, including but not limited to medical, health or disability insurance, in the event of injury, illness, death or property damage. Notwithstanding any other provision of this Agreement,
IN NO EVENT SHALL THE CITY BE LIABLE, REGARDLESS OF
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT,
FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR
INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT OR THE SERVICES PERFORMED IN
CONNECTION WITH THIS AGREEMENT.
14. Video and Photo. I understand that the City may photograph or videotape activities that I am participating in. I give my permission for the City to use photographs or videotape of me for the purpose
of promoting the City and its services, programs and parks. I give my permission for the City to use my image (either still photograph or video) and | understand that | will not receive any
compensation, now or in the future, for the use of my likeness.
15. Applicable Law. This acknowledgment shall be construed and enforced in accordance with the laws of the State of California. I understand and agree that this acknowledgment, release, and waiver is intended to be as broad and inclusive as permitted under California law. If for any reason any portion of this release and agreement is found to be invalid, the balance shall continue with full force and effect.
I HAVE CAREFULLY READ THIS ACKNOWLEDGEMENT, INDEMNITY
AGREEMENT, WAIVER AND RELEASE OF LIABLILITY AND FULLY
UNDERSTAND ITS CONTENT AND MEANING. I AM AWARE THAT
THIS FORM IS A RELEASE OF LIABILITY, AGREEMENT FOR
INDEMNITY, AND AN ACKNOWLEDGMENT OF CERTAIN
OBLIGATIONS ON MY PART AS A VOLUNTEER PARK HOST FOR THE CITY OF SANTA ANA:
Name: Katie Rivero
Signature: Hats
Date:
10/14/2024