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Food Hero Agreement
The individual named below (referred to as "I," "me," or similar terms) desires to enter the premises of Rescue Food, a Utah entity ("Rescue Food") located at 57 N 1380 W, Orem, UT 84057 (the "Premises") to engage in volunteer work (the "Activity"). In consideration of being permitted by Rescue Food to access the Premises and engage in the Activity and in recognition of Rescue Food's reliance hereon, I agree to all the terms and conditions set forth in this Food Hero Agreement (this "Agreement").
- I will comply with all procedures, rules, standards, and instructions given by Rescue Food employees or representatives with respect to the use of and access to the Premises. I will avoid all areas that are restricted or for "employees only," whether marked with a sign or marking tape, or as verbally indicated.
- At all times during my visit to the Premises, I will remain with my Rescue Food host in the designated visitor areas and will follow my Rescue Food host's instructions.
- I understand and agree that if I fail to comply with any Rescue Food instructions or become disruptive, I may be escorted out of the Premises and face prosecution if appropriate.
- If I have access to or take possession of any food or other items from Rescue Food, I will commit to only use such food or other items responsibly and for personal use or the following permitted purposes:
- Produce items may be used or resold without restriction.
- Non-produce items may only be resold if they have undergone significant further processing or change.
- Items may be consumed at a business, nonprofit, or community event or used as ingredients in prepared food.
- Items may be given as gifts to others.
- Buying groups that plan purchases in advance and reimburse an individual for shared costs are permitted.
- Reimbursement for gas or transportation costs is allowed when picking up food for others.
- In no case may I use any brand names, trade names, or other intellectual property affiliated with the original products or donors in advertising, marketing, or sale of any product. I will not otherwise violate any Rescue Food policies regarding the use, distribution, or resale of items received.
- I acknowledge that while visiting the Premises, I may be provided, observe, or have direct or incidental access to confidential, sensitive, proprietary, and/or trade secret information of Rescue Food or its customers, whether such information is disclosed, observed, or accessed orally or in written, electronic, or other form or media, and whether or not such information is marked, designated, or otherwise identified as "confidential" ("Confidential Information"). I agree to keep confidential, safeguard from disclosure, and not use the Confidential Information except as necessary to engage in the Activity. This Section 6 shall survive the expiration or termination of this Agreement for any reason.
- I will not remove any document, equipment, or other materials, including any Confidential Information, from the Premises without Rescue Food's prior written consent.
- I understand that the Premises include dangerous equipment. I am aware and understand that the Activity may be inherently dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks. I acknowledge that I am voluntarily participating in the Activity and have considered those risks. I hereby expressly and specifically assume such risks, including any and all risk of injury, harm, or loss that I may incur as a result of my participation in the Activity. I will wear all required personal protective equipment (e.g., safety glasses, hardhat, gloves, and other gear). I will remain clear of areas indicated as hazardous, and otherwise take all reasonably prudent precautions.
- I hereby fully and forever release and discharge Rescue Food and its affiliates and personnel from, and expressly waive, any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, that may arise from my participation in the Activity. I agree not to make or bring any such claim or demand against Rescue Food or its affiliates and personnel, and fully and forever release and discharge Rescue Food and its affiliates and personnel from liability under such claims or demands.
- I UNDERSTAND THAT THIS RELEASE DISCHARGES RESCUE FOOD AND ITS AFFILIATES AND PERSONNEL FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST RESCUE FOOD OR ITS AFFILIATES OR PERSONNEL WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF RESCUE FOOD OR ITS AFFILIATES OR PERSONNEL OR OTHERWISE.
- This Agreement constitutes the sole and entire agreement of Rescue Food and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Rescue Food and me and our respective successors and assigns.
- All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Utah and I hereby consent to the exclusive jurisdiction of such courts.
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