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Please read this document carefully before signing. Retain a copy for your records.
This Liability Waiver, Release of Claims, and Indemnification Agreement (Agreement) is entered into between:
Organization: End the Wait Foundation, a nonprofit corporation (ETW Foundation, ETW, the Foundation, or the Organization), and its officers, directors, employees, agents, successors, and assigns.Participant: The undersigned individual (Participant, I, or me), who agrees to serve as a Chapter Coordinator or Volunteer with the End the Wait Foundation.
The End the Wait Foundation is a nonprofit organization dedicated to raising awareness of chronic kidney disease (CKD), promoting living and deceased organ donation, and providing support to patients and families navigating kidney-related health challenges. The Foundation operates local chapters across the country, led by Chapter Coordinators and supported by volunteers, to advance its mission through events, outreach, education, and community engagement activities (Chapter Activities).
As a condition of participating in Chapter Activities in any capacity, ETW Foundation requires all Chapter Coordinators and Volunteers to execute this Agreement.
I understand and acknowledge that participating in Chapter Activities, including but not limited to community events, fundraising activities, public outreach, educational programs, patient support events, travel, and any other tasks undertaken on behalf of ETW Foundation, may involve certain inherent risks and hazards.
I voluntarily and knowingly assume all risks, known and unknown, associated with my participation in Chapter Activities, including risks that may result from the negligence of ETW Foundation or its officers, directors, employees, or other volunteers.
In consideration of being permitted to participate in Chapter Activities, I, on behalf of myself and my heirs, personal representatives, executors, administrators, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the End the Wait Foundation and its past, present, and future officers, directors, board members, employees, agents, chapters, chapter coordinators, volunteers, sponsors, partners, attorneys, successors, and assigns (collectively, the Released Parties) from any and all liability, claims, demands, actions, or causes of action of any kind arising out of or related to:
1. Any injury (physical, emotional, or otherwise), illness, disability, death, or property loss or damage I may sustain while participating in Chapter Activities;2. Any acts or omissions of ETW Foundation, its officers, directors, employees, agents, other chapter coordinators, or volunteers, whether negligent or not;3. Any third-party conduct, including the conduct of event participants, members of the public, or partner organizations;4. My use of any equipment, facilities, or materials owned or provided by ETW Foundation or its chapter partners;5. Any travel undertaken in connection with Chapter Activities, whether by personal vehicle, public transportation, or otherwise.This release applies to claims of negligence by any Released Party but does not extend to claims arising from gross negligence, willful misconduct, or intentional wrongdoing by the Released Parties.
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
6. My negligent or wrongful acts or omissions while performing Chapter Activities;7. My breach of any ETW Foundation policy, guideline, or code of conduct;8. Any unauthorized representations, commitments, or statements I make on behalf of ETW Foundation;9. Any misuse of ETW Foundation resources, branding, or intellectual property.
I understand and agree that I am serving as an independent volunteer or chapter coordinator, and not as an employee, contractor, or legal agent of ETW Foundation. I am not authorized to bind the Foundation to any contract, financial obligation, or legal commitment without prior written authorization from the Foundation's national leadership. ETW Foundation shall not be responsible for any unauthorized commitments made by me.
I agree to conduct myself in a professional, ethical, and lawful manner at all times while representing ETW Foundation. I agree to:
10. Comply with all applicable federal, state, and local laws and regulations;11. Follow all ETW Foundation policies, procedures, guidelines, and codes of conduct as communicated from time to time by Foundation leadership;12. Avoid making any public statements, social media posts, or communications that disparage ETW Foundation, its leadership, partners, donors, or the individuals it serves;13. Protect the privacy and confidentiality of any patients, families, donors, or other individuals whose information I may encounter in my role.
In the event of a medical emergency arising during Chapter Activities in which I am unable to provide consent, I authorize ETW Foundation representatives to seek emergency medical treatment on my behalf and to share necessary medical information with emergency responders. I agree to provide ETW Foundation with emergency contact information and to disclose any medical conditions or limitations that may affect my ability to safely perform volunteer duties.
In the course of my participation, I may have access to confidential information about ETW Foundation, including donor information, financial data, strategic plans, patient information, and operational details. I agree to maintain the confidentiality of such information during and after my service with ETW Foundation and not to disclose it to any third party without prior written authorization from Foundation leadership.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state in which the ETW Foundation is incorporated, without regard to conflicts of law principles.Severability. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.Entire Agreement. This Agreement constitutes the entire understanding between the Participant and ETW Foundation with respect to its subject matter and supersedes any prior oral or written understandings.Modifications. ETW Foundation reserves the right to update its policies and guidelines from time to time.Continued participation following notice of changes constitutes acceptance of the updated terms.Voluntary Execution. I represent that I have read and understood this Agreement, that I have had the opportunity to seek independent legal counsel before signing, and that I am signing it freely and voluntarily.