Volunteer Agreement, Release and Waiver of Liability

Thank you for taking the time to Volunteer with the City of Owen Sound.  Each volunteer is required to complete a form.

This form includes a digital signature box which may not be compatible with some screen reading devices.  If you require assistance or an accessible format of this form, please call the Communications Advisor at 519-376-1440 ext. 1211.

Please ensure you read and agree to each section outlined below.

1. Participation

• I am participating as a volunteer and not as an employee of or providing employment to the City. If I am currently a City employee, I understand and agree that I am participating freely as a volunteer, on my personal time, and not as a condition or extension of my employment.

• As a volunteer, I will not, either now or in the future, receive any financial remuneration, salary, wage, payment, or any employee benefit whatsoever.

• I will not be accorded any employment rights by the City and nothing in this Agreement or the Activity shall be construed as creating a partnership, employment, internship or agency relationship between me and the City.

• Except as authorized, I will not be provided with or use the City’s facilities and equipment.

• All material prepared by me while participating in the Activity, including copyright therein, shall become the sole property of the City and be returned to the City. I waive any moral rights I may have with respect to all material prepared pursuant to this Agreement in favour of the City and any of its assignees and licensees.

• In the course of or incidental to my participating in the Activity, I may be in receipt of confidential information. I agree that I shall not at any time, while I am a volunteer for the City or at any time thereafter, disclose to anyone such confidential information, except as may be required or permitted by law or at the request of the City.

• There may be members of the media or City staff or their agents present during the Activity and that if I do not wish to have media taken of me (photographs, videos, quotations, audio recordings), it is my responsibility to make this known at the time.

• If I agree to have media (photographs, videos, quotations, audio recordings) taken of me during the Activity, or if I do not make it known at the time of the Activity that I do not media taken of me, I grant permission to the City to use any form of media taken of me during the Activity.

• I will not take any videos, photographs, or sound recordings of the Activity without the consent of City staff.

2. Acknowledgment and Assumption of Inherent Risk

• I acknowledge that my participation in the Activity involves certain elements of risk. The risk of sustaining injury can result from the nature of the activity itself, natural and manmade conditions, climatic conditions, the actions of third parties and my own physical condition and actions.

• I accept and fully assume all risks, loss, injury, or damage, without qualification, that may arise out of or result from my participation, including economic loss, personal injury, death to myself or damage to my property wherever sustained including on City premises, City owned land, public streets or elsewhere.

• I understand that the City is not responsible for my actions. I freely accept and fully assume all risks, dangers and hazards resulting from my participation. I further acknowledge that as a result of the COVID-19 pandemic crisis which commenced in 2020, my personal health and that of others is further exposed to additional risk due to the virus. I assume all risks related to this participation inclusive of community engagement which may increase my risk of virus exposure.

3. Assumption of Responsibility and Adherence to Rules

• I understand that it is my responsibility to adhere to the instructions given by the City staff responsible for the Activity for the protection of myself and others while participating in the Activity.

• I understand that, should it be deemed that I failed to adhere to rules and/or public health guidelines, I have put the health and safety of others at risk, and I will lose my privilege to participate in the Activity and may possibly be subject to legal action.

4. Release of Liability, Waiver of Claims & Indemnity Agreement

• I release the City and its employees, council members, officials and officers, agents and assigns for any and all claims for personal injury and/or property damage that may arise from or be in any way connected to my participation in the Activity. I understand that this release applies to both present and future injuries and that it binds my heirs, executors, and administrators.

• I am aware that while participating as a volunteer in the Activity I am not provided with any disability, accident or medical insurance or compensation and that I am not covered by the Workplace Safety & Insurance Act, should I become injured while participating as a volunteer.

5. Notice of Collection of Personal Information

• As a volunteer, through this form or otherwise, you may be providing the City with personal information as defined under the Municipal Freedom of Information Act. This information is collected under the legal authority of the Municipal Act, 2001, S.O. 2001 c.25. This information will be used and maintained by the City of Owen Sound for the administration of volunteer opportunities. Questions regarding this collection may be directed to the City Clerk, 808 2nd Avenue West, Owen Sound ON N4K 2H4, clerks@owensound.ca or 519-376-1440.

6. Training

• I have read, understand, and agree to abide by the attached Volunteer Handbook. I understand that failure to adhere to the Handbook could result in losing my privilege to participate in the Activity.

7. General

• I have been given the opportunity to seek independent legal advice prior to signing this document.
• This document will remain in force until a written agreement of termination is signed between the City and the undersigned.
• This document is intended to be as broad and inclusive as permitted by the laws of the Province of Ontario in which the Activity takes place and agree that if any portion of this Agreement is invalid, the remainder will continue in full legal force and effect.

Please read the Volunteer Hand Book linked here.

By signing this form, I acknowledge that I have read, understood, and agreed to the above conditions, release, and waiver.

I have read this Agreement and understand its terms.

I sign voluntarily and have full knowledge of its significance. I am at least eighteen (18) years of age and fully competent to sign this Agreement; or I am under eighteen (18) years of age and will be volunteering with the consent of a parent or legal guardian.