Denver Audubon Volunteer Agreement

Thank you for volunteering to help Denver Audubon Society, a Colorado nonprofit corporation (“Denver Audubon”).  Your donation of time and effort provides a valuable service and benefits the mission of Denver Audubon to inspire  actions that protect birds, other wildlife, and their habitats through education, conservation, and research. 


This Volunteer Agreement (“Agreement”) must be completed and signed by you. By signing this Agreement you hereby  represent that you are at least 18 years old. This Agreement will govern all activities in which you participate as a  volunteer for Denver Audubon. You hereby agree: 



Volunteer Capacity  

You understand and acknowledge that you have not been engaged by Denver Audubon as an employee and you are  acting solely in a voluntary capacity. Accordingly, you hereby agree and acknowledge that (i) you are not entitled to  any compensation, wages or other benefits for your work with Denver Audubon, including without limitation insurance  to cover any personal injury, illness, or property damages that may result from your services as a volunteer; (ii) you  hereby irrevocably assign fully to Denver Audubon all right, title and interest in and to any and all copyrightable material,  notes, records, drawings, designs, inventions, improvements, developments, ideas, discoveries and trade secrets  conceived, discovered, authored, created, invented, developed or reduced to practice by you, solely or in collaboration  with others, during the period of time you are performing volunteer activities with Denver Audubon, and any other  intellectual property rights relating to the foregoing; (iii) you are not compelled to continue volunteering for Denver  Audubon for any reason and you may cease volunteering with Denver Audubon at any time and for any reason; (iv)  Denver Audubon may cease use of your services at any time for any reason; and (v) you will follow the supervision and  direction of any personnel, employee or designated volunteer of Denver Audubon. 


Liability Waiver; Assumption of Risk; and Release 

By entering into this Agreement, you acknowledge that you are volunteering for Denver Audubon activities, which may  include in-the-classroom and outdoor field trip experiences. You understand that there are possible dangers associated  with the Program, including but not limited to, contact with allergenic plants, stinging insects, and wildlife such as  venomous snakes, as well as possible personal injury for volunteering and transporting to field trip sites. You  understand that your volunteer efforts may involve sustained physical activity. You represent that you are in good health  and are aware of no physical problem or condition that will limit or interfere with your ability to participate in the Program.  If a personal injury occurs during your volunteer services, you hereby authorize Denver Audubon, its employees, or  other volunteers, to seek and consent to emergency medical attention for you and further agree to be liable for and to  pay all costs incurred in connection with such medical attention. 


You understand that transportation to and from activities may be provided by private vehicle or walking. In the event  that private transportation is used, Denver Audubon has no responsibility for the conduct of the driver/vehicle and has  no responsibility for ensuring that the driver of the vehicle has accurate and adequate insurance and/or license. If you  are driving as part of your volunteer activities, you hereby represent that you have accurate and adequate insurance to  cover yourself and those you are transporting. 


Communicable Diseases: An inherent risk of exposure to communicable diseases, including without limitation  COVID-19, exists in any public place where people are present. Such contagious diseases could lead to severe  illness and death and transmission and severity depend on a significant number of variables that are outside  of the control of Denver Audubon, including without limitation, age of the volunteer and underlying medical  conditions. By volunteering your services, you voluntarily assume all risks related to exposure to such  communicable diseases. 


You agree that you are volunteering at your own risk, and acknowledge that Denver Audubon has made no warranty  or representation, expressed or implied, regarding the safety of its activities. 


You hereby forever release Denver Audubon, its officers, directors, employees, agents, licensees, partners,  sponsors, contractors, successors, and assigns (the “Released Parties”) from and for any and all claims,  demands or causes of action, either at law or in equity, and whether known or unknown, which you have or  may have on account of any loss, damage, or injury to person (including death) or property suffered or incurred  by you, except as a direct result of Denver Audubon’s gross negligence in connection with its activities. This  release shall be binding upon me and my heirs, next of kin, executors, administrators and assigns. 


Publicity Release and Confidentiality  

You hereby grant permission to Denver Audubon to reproduce your appearance, likeness, and voice in connection with  Denver Audubon activities in any and all manners, including promotional materials, and any and all media, including  the Internet and social media, throughout the world and in perpetuity. You hereby forever release the Released Parties from and for any and all claims, demands or causes of action, either at law or in equity, and whether known or unknown, which you have or may have for libel, defamation, invasion of privacy or right of publicity  arising from Denver Audubon’s use of my appearance, name, likeness, voice and biographical information,  including but not limited to, the distribution, broadcast or exhibition thereof. 


You acknowledge that, in the course of volunteering, you may be exposed to information that Denver Audubon  considers to be confidential, proprietary or otherwise personal in nature to Denver Audubon. You agree to keep any  such information strictly confidential and will not use any such information for any purpose other than in furtherance of  Denver Audubon’s mission and your volunteer activities without Denver Audubon’s prior written consent. 


Indemnity 

You hereby agree to indemnify and hold harmless Denver Audubon from any and all claims and damages suffered or  sustained by Denver Audubon that were caused by you, other than those claims and damages arising from actions  taken as the result of explicit direction from Denver Audubon. 


Acknowledgement of Understanding: 

You acknowledge that you have read this Agreement in its entirety, and fully understand its terms and conditions. You  acknowledge that you are signing this Agreement, including its waiver and release provisions, freely and voluntarily,  and that you intend by your signature to completely and unconditionally release the Released Parties to the fullest  extent allowed by law. You further acknowledge and understand that this Agreement and its waiver and release  provisions shall become effective upon your signature below, and shall forever remain in full force and effect from the  date you sign it. 


This Agreement contains the entire understanding and agreement between you and the Released Parties regarding  the subject matter of this Agreement, and it supersedes any and all prior commitments, agreements or understandings  between you and the Released Parties pertaining to its subject matter. This Agreement may not be altered or amended  except by a written instrument that is signed by both you and Denver Audubon. You acknowledge that you have not  relied upon any representation or statement outside of this Agreement with regard to the subject matter, basis or effect  of this Agreement. 


You expressly agree that this Agreement is intended to be as broad and inclusive as permitted by applicable  law and that this Agreement shall be governed by and interpreted by the laws of the State of Colorado,  regardless of any conflict of laws statutes. You agree that in the event that any clause or provision of this  Agreement 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 Agreement, which shall continue to remain in full force and effect.