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Volunteer with Boise Bicycle Project

| October Kids B.A.S.H.

October 13th, 2018
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Disclaimer

BOISE BICYCLE PROJECT
AGREEMENT AND RELEASE OF LIABILITY

RECITALS

In exchange for good and valuable consideration of being a volunteer at Boise Bicycle Project, volunteer hereby agrees to the following terms, conditions, and release of liability ("Agreement and Release") as set forth herein:

TERMS, CONDITIONS AND RELEASE

1. Volunteer agrees that he/she will abide by all instructions of the BBP employees administering the programs and will treat all BBP employees, volunteers, patrons, and other Program participants with respect.

2. Volunteer agrees that he/she will attend the scheduled shifts and events at the times and locations specified by the BBP employees administering the programs and will not be tardy or engage in unexcused absences.

3. Volunteer agrees to abstain from use of any illegal drugs or alcohol that would impair Volunteer to any degree during the scheduled shifts and events.

4. Volunteer agrees to devote his/her full attention and efforts to their assigned duties during participation in any scheduled shift or event.

5. Volunteer acknowledges and agrees that BBP may terminate the Volunteer's participation in the Program for any reason in BBP's sole judgment, including but not limited to violation of any of the terms of this Agreement and Release, violation of any applicable law, or failure to abide by the guidelines set forth in the Volunteer handbook

6. ASSUMPTION OF RISK: By signing this Agreement and Release, Volunteer acknowledges that participation in programs will include potentially hazardous activities, including but not limited to use of hazardous chemicals and solvents, heavy tools, pressurized equipment and other potentially dangerous machinery, as well as test riding bicycles in traffic. Volunteer acknowledges that these are dangerous activities that carry with them certain hazards and risks, including serious bodily injury or death, all of which the Volunteer acknowledges and has hereby been made aware, and with regard to which Volunteer agrees by signing below, Volunteer understands all of the points set forth above and accepts and assumes the risks and dangers of participation in programs, including but not limited to the points listed above, and acknowledges Volunteer's safety is his/her responsibility.

7. WAIVER AND LIMITATIONS OF LIABILITY: In consideration for admission to and participation in BBP programs, to the fullest extent allowed by law, Volunteer hereby releases the BBP, its directors, officers, employees, volunteers and agents (collectively "Releasees") from any and all liability for any and all claims and causes of action which Volunteer may hereafter have on account of ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES TO PROPERTY AND/OR BODILY INJURY, INCLUDING DEATH however caused, resulting from, arising out of or in any way connected with participation in the Program and any other related BBP programs, including but not limited to injury caused by the negligence of the Releasees or any other person. To the extent any claim is not waived by this clause, Volunteer further agree that damages against any party in any suit based in contract, tort, or any other legal theory shall be capped at the price paid to BBP for participation in programs or purchase of any related bicycles, parts or services, and Releasees will have no liability in excess of that amount.

8. INDEMNITY: Volunteer agrees to indemnify the Releasees and to assume and be responsible for all harm, injury or damage caused by Volunteer to any of the Releasees, the Releasees' property or equipment, or other persons arising out of or relating to participation in the Program.

9. CHOICE OF LAW AND VENUE: This Agreement and Release shall be construed and interpreted in accordance with the laws of the State of Idaho without reference to its choice of law provisions. The venue for any claims or litigation related to Volunteer's participation on the Program will be in the District Court of the Fourth Judicial District of Idaho in and for the County of Ada.

10. SEVERABILITY: If any provision, sub-part, sentence, or other individual piece of this Agreement and Release is determined to be legally invalid or without legal enforceability, the rest of this Agreement and Release shall remain effective.

Volunteer enters into this agreement on behalf of himself/herself, his/her heirs, executors, administrators, personal representatives and assigns. This Agreement and Release shall be binding upon the Volunteer, the Volunteer's heirs, executors, administrators, personal representatives, and assigns, and shall inure to the benefit of the Releasees and their successors and assigns.