This Release and Waiver of Liability in favor of Yakima Valley Partners Habitat for Humanity and Habitat for Humanity International, Inc. and any other Habitat for Humanity affiliated organization and their respective affiliates, directors, officers, trustees, employees, sponsors, donors, volunteers and agents (collectively, the “Released Parties”).
I, the Volunteer, desire to work as a volunteer for one or more of the Released Parties without compensation and engage in the activities related to being a volunteer. I understand that my activities may include but are not limited to the following: working at Habitat for Humanity offices and worksites; working in or for Habitat for Humanity ReStore operations; loading and unloading materials; traveling to and from work sites, towns, cities or countries; consuming food available or provided; living in housing provided for volunteers; assisting in disaster relief areas; constructing, repairing, and rehabilitating residential buildings; other construction-related activities; and other in-person and/or online volunteer activities ("Activities").
I, the Volunteer, understand that my Activities may include work that may be hazardous to me, including, but not limited to, exposure to lead, asbestos and mold, which may cause or worsen certain illnesses, especially if I do not wear protective equipment, am exposed for extended periods of time, or have a pre-existing immune system deficiency.
I also understand there is some inherent risk in consuming local foods and living in local accommodations in the city(ies) or country(ies) visited. I further understand I may be traveling to and from locations where there is a risk of terrorism, war, insurrection, criminal activities, instability, inclement weather or other circumstances that could threaten my health or safety. I also understand that it is the policy of the Released Parties not to pay ransom or make any other payments to secure the release of hostages.
I, the Volunteer, hereby freely, voluntarily and without duress execute this Release under the following terms:
Release and Waiver. I, the Volunteer, acknowledge and understand that participation in the Activities may involve certain risks, including, but not limited to, personal injury(ies), bodily injury, illness, permanent disability, property damage, loss and/or death (“Risks”). These Risks include, but are not limited to, exposure to and/or infection with viruses and/or bacterial infection even in ideal conditions, and despite any and all reasonable efforts made to mitigate such Risks.
I, the Volunteer, further confirm that prior to engaging in the Activities, I may be required to complete a health screening questionnaire provided by one or more of the Released Parties. I agree that I will answer all questions on the questionnaire truthfully. I agree to not participate in any Activities if, at such time I am unwell I further agree to follow all safety precautions outlined by any Released Party while volunteering.
In consideration of and in order to be allowed to participate in the Activities, I do hereby release and forever discharge and hold harmless the Released Parties and their successors and assigns from any and all liability, claims, demands, costs and damages of any kind, whether arising from tort, contract or otherwise, which I or my heirs, assigns, next of kin or legal representatives may have or which may hereinafter accrue, arise from, or are in any way related to my Activities with any of the Released Parties, including but not limited to Risks, whether caused wholly or in part by the simple negligence, fault or other misconduct of any of the Released Parties or of other volunteers, other than their intentional or grossly negligent conduct.
I understand and acknowledge that by signing this Release I knowingly assume the Risks associated with the Activities. I also understand that the Released Parties do 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
I understand and acknowledge that children under the age of 16 are not allowed on Habitat for Humanity worksites while construction is in progress. While minors between the ages of 16 and 18 may be allowed to participate in some types of build site activities, solely as outlined by the Released Parties, I understand that using power tools, excavation, demolition, working on rooftops and similar activities are not permitted for anyone under the age of 18. I agree it is my responsibility to communicate these requirements to any of my minor children who will attend and/or participate in the Activities.
Consent to Transportation and Medical Treatment. I consent to the use of first aid treatment and the use of generic and over-the-counter medications and treatments as directed by manufacturer labels, whether administered by the Released Parties or first aid personnel. In an emergency, I understand the Released Parties may try to contact the individual listed below as an emergency contact. If an emergency contact cannot be reached promptly, I hereby authorize the Released Parties to act as an agent for me to consent to any examination, testing, x-rays, medical, dental or surgical treatment for me as advised by a physician, dentist or other health care provider. This includes, but is not limited to, my assessment, evaluation, medical care and treatment, anesthesia, hospitalization, or other health care treatment or procedure as advised by a physician, dentist or other health care provider. I also authorize the Released Parties to arrange for transportation of me as deemed necessary and appropriate in their discretion. I, the Volunteer, do hereby release, forever discharge and hold harmless the Released Parties from any liability, claim, demand, and action whatsoever brought by me or on my behalf which arises or may hereafter arise on account of any transportation, first aid, assessment, care, treatment, response or service rendered in connection with my Activities with any of the Released Parties.
If the Volunteer is less than 18 years of age, the parent(s) having legal custody and/or the legal guardian(s) of the Volunteer also hereby release, forever discharge and hold harmless the Released Parties from any liability, claim, demand and action whatsoever brought by such volunteer or on his/her behalf which arises or may hereafter arise on account of the decision by any representative or agent of the Released Parties to exercise the power to transport, administer first aid, and consent to assessment, examination, x-rays, medical, dental, surgical or other such health care treatment as set forth in the Parental Authorization for Treatment of, and Travel With, a Minor Child.
Insurance. I understand that, except as otherwise agreed to by the Released Parties in writing, the Released Parties are under no obligation to provide, carry or maintain health, medical, travel, disability, defense costs, or other insurance coverage for any Volunteer. Each Volunteer is expected and encouraged to obtain his or her own health, medical, travel, disability or other insurance coverage.
I understand that I am and remain responsible for payment of such hospital, physician, ambulance, dental, medical or other services obtained for me or my child. I agree that the Released Parties do not assume any responsibility for the payment of such fees or expenses which may be incurred. If I have health insurance, I understand my personal health insurance is my primary coverage.
Confidentiality. I agree that in the course of my participation in the Activities, I may have access to personal and/or health care information of other persons. I agree to maintain the confidentiality of such information, to use such information only as necessary to do my job as a volunteer, and to comply with Habitat for applicable policies regarding such information.
Photographic/Recording Release. I hereby grant and convey unto the Released Parties all right, title and interest in any and all photographs and video/audio/electronic recordings of me, including as to my name, image and voice, made by or on behalf of any of the Released Parties during my Activities with the Released Parties, including, but not limited to, the right to use such materials for any purpose, including fundraising, and to any royalties, proceeds or other benefits derived from them. I understand that I will not have any ownership interest in or to such photographs, images and/or recordings, I have not been provided or promised any compensation to me, and I hereby waive any rights, privileges or claims based on any right of publicity, privacy, ownership or any other rights arising, relating to or resulting from the photographs, images and/or recordings. I understand and agree that this paragraph also applies to my minor child(ren) who are volunteering.
Other. I expressly agree that this Release is intended to be as broad and inclusive as permitted by state law. I further agree that in the event any clause or provision of this Release is held invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining clauses or provisions of this Release, which shall continue to be enforceable. Further, a waiver of a right under this Release by a Released Party does not prevent the exercise of any other right.
I have carefully considered my decision, the benefits and risks involved, and hereby give my informed consent to participate in all volunteer Activities. I have read and understand this Release and Waiver of Liability, I acknowledge that any questions of mine have been answered, and I voluntarily agree to the above provisions. It is my intent to bind my heirs, next of kin, assigns and legal representative.
IMPORTANT: If the Volunteer is less than 18 years of age, all parents or guardians must complete the signature section below. If only one parent or guardian signs these forms on behalf of a Volunteer who is under 18 years of age, then the undersigned parent or guardian of the Volunteer hereby covenants, warrants, represents and agrees that he or she is executing these forms on behalf of, and as an agent for, any other individual who may be a parent or guardian of the Volunteer, that he/she is fully authorized to do so, and that by executing such Release and Parental Authorization, the undersigned is binding himself/herself, the Volunteer, and any other parent or guardian of the Volunteer, and all of their heirs, next of kin, assigns, and legal representatives to such Release and Parental Authorization.
SIGNATURE OF PARENT/GUARDIAN SIGNING ON BEHALF OF THE ABOVE MINOR:
I have carefully considered my decision, the benefits and risks involved and hereby give my informed consent, on behalf of the above listed minor child, for him/her to participate in all Activities as set forth in the above Volunteer Agreement, Release and Waiver of Liability, and such terms are incorporated herein. I have read and understand the above Volunteer Agreement, Release and Waiver of Liability, any questions of mine have been answered, and I voluntarily agree to all such provisions. It is my intent to bind my and the minor Volunteer's heirs, next of kin, assigns, and legal representatives. Furthermore, I understand that the above Volunteer Agreement, Release and Waiver of Liability is made on behalf of my minor child(ren) and/or legal wards and I represent and warrant to Habitat for Humanity International, Inc. or its affiliated organizations that I have the full authority to sign this on behalf of such minor(s).
CRIMINAL BACKGROUND CHECK POLICY
1.0 PURPOSE
As a ministry, Yakima Valley Partners Habitat for Humanity values the safety of children, our
employees, volunteers and the families we serve. We want to take prudent measures to protect
our human and material resources
2.0 POLICY
Yakima Valley Partners Habitat for Humanity requires that criminal background checks be
conducted for all potential partner families, board members, employees and key volunteers, and,
those who may have unsupervised contact with a child, the elderly or persons with disabilities.
Yakima Valley Partners Habitat for Humanity reserves the right to recheck criminal backgrounds at
any time during the homebuilding process, course of employment and/or service.
Any person who does not consent to a criminal background check will not be permitted to
become a partner family, work and/or volunteer with Yakima Valley Partners Habitat for
Humanity.
2.1 DISQUALIFICATION CRITERIA
A previous conviction may disqualify an applicant from homeownership, employment, or board
members and volunteers from service with Yakima Valley Partners Habitat for Humanity. In
determining eligibility, Yakima Valley Partners Habitat for Humanity, in its sole discretion, may
consider several factors, including, without limitation, the:
• Nature, duties and responsibilities of the position;
• Nature of the conviction and whether children were involved;
• Time elapsed since the offense;
• Extent to which the offense may affect the person’s fitness or ability to perform the
duties or responsibilities of the position;
• Age of the candidate when the illegal activity occurred;
• Number of convictions (if more than one);
• Any information produced by the person, or produced on the person’s behalf
demonstrating rehabilitation and good conduct;
• Whether hiring, transferring, promoting or partnering with the applicant and/or candidate
would pose a risk to the organization;
• Whether the state’s public policy encourages employment of persons who have been
convicted of crimes;
• Whether the state’s public policy encourages homeownership of persons who have been
convicted of crimes;
• The nature of the build, i.e., proximity of houses, mixed use communities, etc.; And/or any
other factor the affiliate deems relevant to the decision.
2.2 EXAMPLES OF DISQUALIFICATION WARRANTED
If a person withholds information or falsifies information pertaining to previous convictions, the
person may be disqualified from further consideration.
The following list provides some examples in which Yakima Valley Partners Habitat for Humanity
may, within its sole discretion, determine an individual to be ineligible for homeownership,
employment and/or service:
• Embezzlement or fraud conviction of a Fundraising Director applicant;
• Stalking conviction against a supervisory candidate or candidate with access to personal
information such as Executive Director or Human Resources personnel;
• Murder and/or assault conviction against a candidate with access to dangerous
instruments, i.e., Construction Manager; and/or
• Burglary conviction of a partner family member in a condominium or apartment style
community.
This list is not exhaustive and is for illustrative purposes only. Yakima Valley Partners Habitat for
Humanity reserves the right to weigh disqualification criteria on a case-by-case basis and to
make selection decisions in its sole discretion. Disqualification may extend to any partner family
member and to any position with Yakima Valley Partners Habitat for Humanity and associated
entities, including, but not limited to Habitat for Humanity International, Inc., Area Offices,
Branches, National Organizations, Affiliates, Disaster Response Centers, Regional Support
Centers and State Support Centers.
2.3 EMPLOYMENT OFFER CONTINGENT ON CRIMINAL BACKGROUND CHECK
In the employment context, Yakima Valley Partners Habitat for Humanity may extend an offer of
employment to an applicant that is contingent on the completion of the criminal background
check. However, the applicant may not start work before the criminal background check and
the final employment and/or service eligibility decision has been made by Yakima Valley
Partners Habitat for Humanity personnel and/or Board of Directors.
3.0 PROCEDURE
Yakima Valley Partners Habitat for Humanity will make good faith efforts to comply with the
following procedures when conducting criminal background checks:
• Check all states in which the person has resided for the last ten (10) years;
• Ensure all recruitment information, applications, announcements, and descriptions state the
position or partner family relationship requires a criminal background check;
• Seek prior written approval in accordance with applicable laws, and in particular, where third
party vendors are retained to conduct criminal background checks;
• Initiate criminal background checks prior to the hire, transfer, promotion, or reassignment of
individuals, including reclassification;
• Notify the individual under consideration that an offer for any personnel action
(employment, transfer, promotion, reclassification, or change in duties) or homeowner
status is conditioned on successful completion of the criminal background check, and
that falsification of information submitted may be cause for corrective action, up to and
including dismissal and/or elimination from the homeownership program; and/or
• Review criminal background checks that reveal convictions and determine within a
reasonable time whether such convictions disqualify individuals from positions and/or
family partnership.
4.0 DENIAL OF APPLICATION, TERMINATION OR REASSIGNMENT
Based on any or all of the criteria outlined in this policy, Yakima Valley Partners Habitat for
Humanity may, in its sole discretion, decide that a partner family will be denied homeownership, an
employee will be terminated, a volunteer will be dismissed or an applicant will not be hired. In the
employment or volunteer context, Yakima Valley Partners Habitat for Humanity may, in its sole
discretion, also choose to reassign a former convict to a job involving less exposure to risk. In
doing so, Yakima Valley Partners Habitat for Humanity may, in its sole discretion, consider:
• The type and location of the job – whether it would give the offender access to potential
victims;
• The types of co-workers and subordinates in the workplace;
• Whether the job would involve travel;
• Work hours;
• Degree of supervision; and/or Amount of access to technology, i.e., the Internet.
I have read and acknowledged the above listed policies. This authorization is valid for
current and future reports, and I specifically understand that YVPHFH intends for this
authorization to cover both my anticipated engagement as a volunteer or my application for
employment and, any additional consumer reports obtained while I remain a volunteer or
employee.
Yakima Valley Partners Habitat for Humanity {Habitat} supports RCW 49.60 –Freedom from
discrimination – Declaration of civil rights. The right to be free from discrimination because of
race, creed, color, national origin, sex, honorably discharged veteran or military status, sexual
orientation, or the presence of any sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a person with a disability is recognized as and declared to be a
civil right.
It is the Habitat’s vision to partner with all community members of Yakima, including other
affordable housing providers, ethic and minority communities and low-income families to raise the
standards of housing. Habitat will provide hope, stability and dignity for families in
partnership while building our community through quality homeownership.
Habitat is committed to supporting high standards of business ethics in every aspect of its
operation. We recognize that people work best when they know what is expected of them.
For this reason, we have developed the following Volunteer Conduct Guidelines:
Habitat expects that harmonious working and interpersonal relationships will be the standard
for all volunteers. However, conflict and inappropriate conduct occur occasionally in the
workplace. We expect volunteers to follow rules of conduct that will protect the interests and
safety of all employees, volunteers, and Habitat.
It is not possible to list all the forms of behavior/conduct that are unacceptable in the workplace. The
following list illustrates some examples that may result in disciplinary action up to and
including suspension or immediate termination of volunteer activity.
Depending on the specifics of the situation and the severity of the offence any of the levels of
discipline may be bypassed and the volunteer placement may be terminated without prior
warnings or suspensions.
This list is not all-inclusive:
• Theft or inappropriate removal or possession of Habitat property
• Falsification of documents
• Volunteering under the influence of alcohol or illegal drugs
• Possession, distribution, sale, transfer or use of alcohol or illegal drugs in the workplace
while volunteering, or while operation Habitat-owned vehicles or equipment
• Fighting or threatening violence in the workplace
• Negligence or improper conduct leading to damage of Habitat’s or another person’s
property
• Disrespectful conduct
• Failure to follow a supervisor’s reasonable job assignment
• Violation of safety or health rules
• Smoking in Habitat buildings or on Habitat construction sites
• Sexual or other harassment or discrimination
• Possession of dangerous or unauthorized materials, such as explosives or firearms
• Inappropriate conduct/behavior which brings discredit upon Habitat’s mission and goals
The following procedures are generally used with respect to conduct and discipline. It is
Habitat’s policy that any conduct that, in its view, interferes with or adversely affects work is
enough grounds for disciplinary action. Such action can range from warnings to immediate
discharge. Depending on the conduct, disciplinary steps may be enforced by the following
methods:
• Written warnings
• Termination
Factors that may be considered in determining the appropriate disciplinary action can include:
• Seriousness of conduct
• Volunteer record
• Volunteer’s ability to correct their conduct
• Action taken with respect to similar conduct by other volunteers
• Other surrounding circumstances
Volunteer dress and grooming should be appropriate to the work environment. However, basic
hygiene applies to all volunteer positions.
I have read the foregoing Volunteer Code of Conduct and agree to abide by the standards
outlined therein.
I have read and acknowledged the above listed policies.