SCVAS LIABILITY RELEASE

What does the release mean?

The release is a legal agreement between SCVAS and the participants in a field trip.  By signing the release, a participant is agreeing not to hold SCVAS or our volunteer trip leaders responsible for any injury, illness, property damage, or property loss that may happen to the participant during the field trip.

Does the release fully protect me as a volunteer?

No release is fully litigation proof and no release can protect you from your intentional acts, but we believe you are protected from liability for accidents to the same extent that SCVAS is and that our liability insurance covers you the same as it does SCVAS when you are leading a trip. 

Are trip participants required to sign the release?

Yes.  Participants must sign the release in order to participate in the trip.

Why are we requiring trip participants to sign a liability release?

Accidents and other unfortunate events do occur, despite our best precautions.  In addition, COVID-19 is a reality that we will be living with for the foreseeable future, and there is always a risk of exposure to the disease during group activities.  

We offer our field trips as fun and free events for the public, and SCVAS wants to protect our organization and our directors, staff, and volunteer trip leaders from liability should someone sue us.  Although we carry liability insurance, managing a lawsuit is potentially costly and damaging to the organization.  By informing participants of the risks associated with field trips, and asking them to be responsible for their own health and safety, the liability waiver adds a layer of protection for SCVAS and our field trip leaders.

Can people participate in our trips if they don’t sign the release?

No.  They are required to sign the release in order to participate in the trip.  Note that they are NOT required to agree to the publicity release - see below for more information.

What should I do if someone refuses to sign the release?

Explain to them: “This field trip takes place on public property and SCVAS will not prevent you from going where you want or enjoying the park, but you will not be a participant of this field trip.” After the trip is over, please report the incident to the Field Trip Coordinator so she can decide if further action is needed.

If someone has participated in a trip before, and signed a release for that trip, do they need to sign a release for each future trip that they participate in?

Yes.  The release is specific to and valid for only one field trip, and is not a blanket release. 

As the trip leader, what is my responsibility regarding the release?

You will need to make sure you have paper copies of the release before your field trip.  Fill out the top part of the release form and each subsequent signature page with the trip name, date, and your name. You may need extra signature sheets to cover the total number of participants you expect.

 At the meeting point, before you officially start the trip, pass around the sheet and ask everyone to sign it.  Each individual participant must be listed on the sheet, and a parent or legal guardian must sign the release for any participant who is a minor.  After the trip, return the release to SCVAS (see below for how to obtain and return the forms).

Alternatively, participants may print and fill out a release at home, and bring it with them at the start of the field trip.  Be sure to collect these documents from participants before starting the trip.

If a participant wants a copy of what they have signed, invite them to take a photograph if they have a smartphone, or make a note on their signature page that a copy needs to be emailed to them after the trip and let the Field Trip Coordinator know. An unsigned release can easily be emailed to them and they are entitled to a copy of their signature page if requested.

PUBLICITY RELEASE

What does the publicity release mean?

The publicity release gives SCVAS permission to use the image or voice of a participant in marketing and other publicity materials, like on our website, on Facebook, in YouTube videos, and in The Avocet.

Why do we ask people to allow us to use their image/voice?

Photographs, videos, and audio recordings are a powerful way for SCVAS to tell our story and attract new members and donors.  As a courtesy to the participants in our field trips, we want to make sure that they are comfortable with us using images and recordings of them in these materials.  There may also be legal constraints on us using their images and voices without their express permission.

Can participants opt out of the publicity release?

Yes.  If participants do not want to give us permission to use their image/voice, or to use their child’s image/voice, they can check the box next to the sentence “I do not consent to SCVAS using my image/voice” under their signature.

As the trip leader, what is my responsibility regarding the publicity release?

The publicity release is part of the liability release, so your responsibility is the same as it is for the liability release.  In addition, if participants have opted out of the publicity release, please make sure that any images or recordings that you share with SCVAS after the event do not contain their image or voice.  When you submit images and recordings, please also inform SCVAS if anyone opted out of the publicity release. 

What kind of photos, videos, and audio clips does SCVAS want?

Dynamic photos of people watching birds and having fun on our field trips are always welcome and helpful.  Videos or audio clips of birds are also welcome.

How do I submit these to the organization?

If you have photos or audio recordings that you would like to submit to SCVAS, please email them to fieldtrips@scvas.org.  Include the location and date of the files.

Is there any further follow-up I need to do with people featured in the photos, videos, and audio clips I submit to SCVAS?

If any of the images or recordings include a child under age 18, please send an email to the parent or legal guardian of that child, letting them know that the images/recordings might be used in SCVAS’s publicity materials.

ADMINISTRATION OF FORMS

How do I obtain the release form?

You can print release forms at home, pick them up at the office, or ask SCVAS to mail them to you.  A link to the forms will be available in the Leader area of the website. The field trip coordinator will send you a reminder regarding the forms on the Monday before your lead your trip.

The release form can be emailed to participants ahead of time, so that they can review it and have a copy for their records. This also allows participants who would like to print a release at home, or who, for health reasons, would like to sign a release that is not touched by multiple people to bring a signed copy.

How and when do I ask participants to sign it?

At the trip meeting point, before officially starting the trip, briefly explain that all participants are required to sign a liability waiver, and pass around the group signature form.  Make sure that all participants are listed on the form and sign it.  If there are people under age 18 on the trip, each one must be listed on the form, and a parent or legal guardian must sign the form on that participant’s behalf.

Alternatively, if participants have printed and signed waivers at home, make sure to collect the waivers from them before starting the trip.  Individual signature forms can also be offered to participants that don’t want to touch the group signature form.

I don’t have a clipboard.  Will SCVAS give me one?

Yes, SCVAS can provide clipboards and pens.  Please contact Carolyn Knight at programs@scvas.org to make arrangements.

How and when do I return the form to the organization?

The signed release form and all of its signature pages should be returned to SCVAS as soon as possible after the field trip, but no later than two weeks after the end of the quarter in which the trip occurred (March 15 for the winter quarter, June 15 for the spring, September 15 for the summer, and December 15 for the fall).

You may return the form in a variety of ways:

  1. Drop off (mail slot is open 24/7) or mail the paper copies to the SCVAS office (preferred method).  SCVAS will provide you with pre addressed stamped envelopes: 

Attn: Field Trip Coordinator
Santa Clara Valley Audubon Society (SCVAS)
22221 McClellan Road
Cupertino, CA 95014

  1. Scan and e-mail a PDF of the complete form and signature pages (without any part cut off) to the Field Trip Coordinator at: fieldtrips@scvas.org.

  2. Photograph and send a JPG of the complete form and signature pages (without any part cut off) to the Field Trip Coordinator at: fieldtrips@scvas.org.

If you are returning the forms electronically, please keep and return the paper copies to the SCVAS office when you can.