In an effort to protect its citizens, employees and resources from harm or loss, the City of McAllen conducts background checks on its volunteers. As a condition of volunteering with the City you are required to undergo a background check. Failure to provide accurate or complete information on your application may result in your placement being denied.
Hold Harmless and indemnification agreement:
The undersigned volunteer (“Volunteer”) desires to participate and assist with the McAllen Performing Arts Center and associated activities. In consideration for Volunteer being permitted to enter, observe, use or participate in the premises, facilities, equipment, and affiliated programs and activities, without respect of location, of the McAllen Performing Arts Center in McAllen, Texas, Volunteer and, if Volunteer is a child minor, parent or guardian hereby agree to the following:
The Undersigned, for themselves, and their heirs, guardians, legal representatives, spouses, minor children, next of kin and assigns (collectively the “Undersigned”), warrant that it has inspected, considered, or immediately upon entering will inspect or consider McAllen Performing Arts Center and other City of McAllen facilities, and it accepts all facilities and equipment as being safe and reasonably suited for its entry, observation, use or participation.
Waiver and Release:
THE UNDERSIGNED HEREBY RELEASE AND FOREVER DISCHARGE AND HOLD HARMLESS THE CITY OF MCALLEN, ITS MAYOR, COMMISSIONERS, ATTORNEYS, AFFILIATES, BRANCHES, OFFICERS, VOLUNTEERS, AGENTS AND EMPLOYEES (HEREINAFTER COLLECTIVELY “CITY”) 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 THE UNDERSIGNED’S PARTICIPATION WITH MCALLEN PERFORMING ARTS CENTER.
THE UNDERSIGNED UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASE OF LIABILITY DISCHARGES THE CITY FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST THE CITY WITH RESPECT TO ANY ECONOMIC OR NON-ECONOMIC LOSSES, LIABILITIES, DAMAGES, SUITS, ACTIONS, CLAIMS, ATTORNEY’S FEES, COSTS, EXPENSES, OR DEMANDS, RELATING IN ANY WAY TO BODILY INJURY, ILLNESS OR DISEASE, DEATH, OR DAMAGE TO MYSELF OR TO MY PROPERTY, RESULTING FROM MY PARTICIPATION WITH ANY MCALLEN PERFORMING ARTS CENTER EVENTS, WHETHER CAUSES IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF THE CITY, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. I ALSO UNDERSTAND THAT THE CITY 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, ILLNESS, DEATH OR PROPERTY DAMAGE.
The Undersigned hereby release and forever discharge the City from any claim whatsoever that arises or may hereafter arise in account of any first-aid treatment or other medical services rendered during my participation with the McAllen Performing Arts Center.
I expressly agree that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Assumption of Risk:
I understand that my participation with the McAllen Performing Arts Center may include activities that may be hazardous to me, including but not limited to, the duties outlined in my assigned role description. So, I recognize and understand that my participation with the McAllen Performing Arts Center may, in some situations, involve inherently dangerous activities. The Undersigned hereby expressly and specifically assume the risk of injury or harm in these activities and release the City from all liability for injury, illness, death or property damage resulting from my participation in McAllen Performing Arts Center activities.
The Undersigned grants and conveys unto the City all right, title, and interest in any and all photographic images and video or audio recordings made by the City during my participation with the McAllen Performing Arts Center, including but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.