Liability for Volunteer Work

We did some volunteer work on site this week for a National program. Anyone wishing to work with this is required to sign a waiver of release prior to beginning any volunteer work. We have discussed HOA members volunteering to do work within the HOA but everyone fears being sued. Below is the paper that we were required to sign. It is a legal document so I wondered if something like this would also work for volunteers doing HOA work or is it overkill ? Where are the lawyers when we need them?

READ CAREFULLY! THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS!

This Release and Waiver of Liability (the “Release”) executed on this ___ day of _______________, 20__, by
________________________ (the “Volunteer”) ( The name of the corp) nonprofit corporation, their directors, officers, employees, and agents

The Volunteer desires to work as a volunteer for and engage in the activities related to being a volunteer (the “Activities”). (list of activities)

The Volunteer hereby freely, voluntarily, and without duress executes this Release under the following terms:

1. Release and Waiver. Volunteer does hereby release and forever discharge and hold harmless (corp name)and its successors and assigns
from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise
from Volunteer’s Activities (corp name)
Volunteer understands that this Release discharges (Corp Name) from any liability or claim that the Volunteer may have against (corp name) with
respect to any bodily injury, personal injury, illness, death, or property damage that may result from Volunteer’s Activities
whether caused by the negligence of (corp name) or its officers, directors, employees, or agents or otherwise. Volunteer also understands that
(Corp name) does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to
medical, health, or disability insurance in the event of injury or illness.

2. Medical Treatment. Volunteer does hereby release and forever discharge (XX) from any claim whatsoever which arises or may
hereafter arise on account of any first aid, treatment, or service rendered in connection with the Volunteer’s Activities
.
3. Assumption of the Risk. The Volunteer understands that the Activities included work that may be hazardous to the Volunteer,
Volunteer hereby expressly and specifically assumes the risk of injury or harm in the Activities and releases (XX)
from all liability for
injury, illness, death, or property damage resulting from the Activities.

4. Insurance. The Volunteer understands that,( XX) does not carry or maintain
health, medical, or disability insurance coverage for any Volunteer.
Each Volunteer is expected and encouraged to obtain his or her own medical or health insurance coverage.

6. Other. Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the State of (XX)
and that this Release shall be governed by and interpreted in accordance with the laws of the State of (XX). Volunteer agrees
that in the event that any clause or provision of this Release 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 Release which shall continue to be enforceable.
IN WITNESS WHEREOF, Volunteer has executed this Release as of the day and year first above written.
Witness:_______________________________ Volunteer:________________________________________

I think that by its very nature, a non profit that uses members as volunteers is protected from most legal lawsuits from that volunteer.

Public participation is another thing.

That's not necessarily true. In fact, the more I think about it, it's not at all true. MOST charitable organizations and MOST non-profits have insurance to help insulate them in case of a lawsuit. But the "nature" of the organization doesn't have a thing to contribute to any protection from lawsuits from anyone, including volunteers.

Donna, we've been told by attorneys over the years that having the written waiver is a good thing, but, as Brian pointed out, it really is no guarantee that someone injured won't either be able to sue or won't win the suit.

It would really depend on the nature of the injury, how it occurred, the level or degree of negligence on the part of the organization, etc.

If nothing else, it's a good psychological tool to use, because if a volunteer signs it, he or she would be more likely to be aware that if they got hurt, it would be a little harder to win a lawsuit, and he or she might be a little more careful in their activities.

Donna:

We added a policy that covers any volunteers serving on a committee on the insurance policy. It wasn't much here in NC. I would suggest exploring the possibility of adding such an amendment to your policy.