1. General Release and Waiver of Liability and Covenant Not to Sue
I, the undersigned, and my heirs, assigns, administrator, executor, personal representative or next of kin, or any who make claim through me, hereby agree to release, to waive, to discharge, and covenants not to sue, the City of Clarksville, its’ elected or appointed officials and employees or agents, individually, or as a body politic and corporate, from any and all liability, for any and all legal and / or administrative claims, actions, demands, lawsuits or proceedings of any kind or nature, including, but not limited to, any claims for damages of any kind or nature, interests, costs, attorney fees, or expenses of whatever kind or nature, or seeking declaratory or injunctive relief, or specific performance, which arise out of or through or in connection with Participant’s participation in a City sponsored internship program or court ordered community service program. Participant understands that there may be physical risks of injury or death by participating in the City internship program or court ordered community service, and agrees to voluntarily assume such risks.
2. Indemnity
I, the undersigned, and my heirs, assigns, administrator, executor, or personal representative, agree to indemnify, defend, and hold harmless the City of Clarksville, its’ elected or appointed officials and employees or agents, individually, or as a body politic and corporate, against any and all legal and/or administrative claims, actions, demands, lawsuits or proceedings of any kind or nature, including, but not limited to, any claims for damages of any kind or nature, interests, costs, attorney fees, or expenses of whatever kind or nature, or seeking declaratory or injunctive relief, or specific performance, which may be imposed upon or incurred by the City which arise out of or through or in connection with Participant’s participation in a City sponsored internship program or court ordered community service program due to the negligent, reckless, or intentional act(s) or omission(s), or illegal conduct, whether of action or inaction, of Participant which results in death or bodily injury, or any damages to real or personal property, to any person or entity.
3. Volunteer Status
It is understood and agreed that Participant will NOT be considered an employee of the City within the meaning or application of any federal, state or local laws or regulations including, but not limited to, laws or regulations covering unemployment insurance, old age benefits, worker's compensation, on the job injury, labor or tax laws of any kind. Participant shall NOT be entitled to any benefits that may be afforded from time to time to the City’s employees, including without limitation, vacation, holidays, sick leave, worker's compensation and unemployment insurance. Further, Participant’s participation shall be strictly voluntary and in an unpaid status, without payment of benefit or remuneration of any kind or nature whatsoever. Participant’s participation shall NOT create, or be deemed to create, a partnership, joint venture, or the relationship of principal and agent between the City and Participant.
