Know all men by these present: That the undersigned who is known to Inspired Acres as a visitor, volunteer, participant, employee or guest, (hereinafter referred to as “Constituent”), for and in consideration of participation in any Inspire Equine Therapy Programs and presence on any Inspire property and for other good and valuable consideration in hand received by Constituent, the receipt and adequacy of which are hereby acknowledged, does hereby RELEASE AND HOLD HARMLESS, Inspired Acres, a Florida nonprofit corporation, 2001 KJ Trust Agreement Utd. 2-11-11, Apharo to the Son and it’s successors and /or assigns, agents, principals, representatives and employees, (hereinafter collectively referred to as “Inspired Acres”) of and from all manner of action(s), cause(s) of action, suits, controversies, agreements, promises, damages, judgments, executions, claims and demands whatsoever, in law or in equity, which Constituent has or may have in the future from the signing of this release until the end of such Constituent’s participation in an Inspired Acres program or presence on Inspired Acres property, and any claim past, present or future which any personal representative, successor, heir or assignee of said party hereafter can, shall or may have against Inspire for, upon or by reason of any matter, cause or thing whatsoever, from the time of Constituent participation in any Inspired Acres program or being present on any Inspire property until such time as Constituent is not participating in any Inspire program or from a date forward that such Constituent is not present on any Inspired Acres property, such release and hold harmless of Inspired Acres specifically includes, but not by way of limitation, the following: 1) All equine activities at the property leased by Inspire located at 1743 Doncaster Rd, Clearwater, Pinellas County, Florida, including, handling, care, grooming, leading, riding, driving of horses and such activities as defined in Section 773.01, Florida Statues, as amended from time to time; and all activities related to being in the presence of horses or on Inspire property; 2) Any and all rights or claims arising from, relating to, or in any way connected with the death or injury of any person participating in any equine activity sponsored by Inspired Acres or death or injury of person occurring on Inspire property or claim for damage to any Constituent’s personal property brought upon any Inspired Acres property by Constituent. 3) Constituent grants Inspired Acres the right and authority to perform a background check on Constituent in advance of Constituent’s participation in any Inspired Acres activity or presence on Inspired Acres property and Inspired Acres may make future checks on background from time to time during the Constituent’s involvement in any Inspired Acres program or presence on Inspired Acres property. Constituent releases Inspired Acres from any claim, cause of action or damages based upon Inspires authorized background check(s). 4) Any and all rights or claims arising from, relating to or in any way connected with the death or injury of a Constituent who takes transport in any Inspired Acres agent vehicle as part of a sponsored Inspired Acres program occurring outside of the Inspired Acres property. WARNING Under Chapter 773, Florida Statutes, an equine activity or sponsor or equine professional is not liable for any injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities. This Release further incorporates the immunity to volunteers of not-for- profit organizations who are acting within the scope of their responsibilities and who do not cause harm willfully or with wanton disregard for safety.
Note: Signature of Parent/Guardian is REQUIRED if Constituent is UNDER THE AGE OF 18 or is AN ADULT AND UNDER
GUARDIANSHIP
CONFIDENTIALITY & NONDISCLOSURE AGREEMENT:
By signing this form, I do consent that I will not divulge Inspired Acres data to any unauthorized person for any reason. Neither will I directly nor indirectly use, or allow the use of, Inspired Acres data for any purpose other than that directly associated with my official assigned duties. I understand that all participant and volunteer information, including financial data, are strictly confidential. Furthermore, I will not, either by direct action or by counsel, discuss, recommend, or suggest to any unauthorized person the nature or content of any Inspired Acres information. I understand that the identity of any Inspired Acres participant is confidential and may not be disclosed intentionally. I agree to treat any information regarding Inspired Acres’s participants as privileged and confidential. I will not reveal or disclose this information to anyone other than authorized persons. Violation of confidentiality is cause for disciplinary action, including immediate dismissal. I understand that signing this document does not preclude me from reporting instances of breach of confidentiality.
BACKGROUND CHECK AGREEMENT:
Inspired Acres requires completed background screening reports for criminal record checks as part of the application process for volunteers and/or employees. This search may include any or all of the following: basic internet search and social media review; research for appropriate court records relating to the applicant’s country of residence for evidence of felony and/or misdemeanor convictions; searches of the Florida criminal offender record information database, and/or other state-by-state or national or international criminal databases.
Procedure
I. Criminal record checks will be completed in accordance with applicable law. Applicants are notified in the application process that a criminal record check will be required and are asked to complete a disclosure and authorization statement in accordance with the Fair Credit Reporting Act (FCRA) authorizing Inspire to conduct a criminal record search. (Refer to statement at bottom of page.)
II. All applicants 18 years of age and older must go to the Inspire website to fill out a background check. It is the responsibility of the applicant to complete the background check information immediately; Inspire will receive the results within 48 - 72 hours of submission. The results of the background check will be received before the applicant can attend the orientation.
III. Only Inspire administrative personnel will have the responsibility for reviewing background check reports. All information received will be kept strictly confidential and will not be disseminated to any other individual group, agency, organization or corporation.
IV. Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on criminal record checks will be made consistent with this policy and any applicable law or regulations.
V. If Inspire reasonably believes the record belongs to the applicant and is accurate, then determination of the applicant’s suitability for the position will be made. Factors considered in determining suitability may include, but not be limited to the following: Relevance of the crime to the position sought a) The nature of the work to be performed b) Time since the conviction c) Age of the candidate at the time of the offense d) Seriousness and specific circumstances of the offense e) The number of offenses f) Whether the applicant has pending charges g) Any relevant evidence of rehabilitation or lack thereof h) Any other relevant information, including information submitted by the applicant or requested by the hiring authority.
Indicators that may be used as grounds for disqualification may include, but are not limited to, the following:
a) Unwillingness to consent to background screening and lying about criminal history on volunteer application.
b) All sex offenses, regardless of the amount of time since the offense (e.g., child molestation, rap, sexual assault, sexual battery, prostitution, solicitation, indecent exposure, etc.)
c) All offenses involving child abuse or neglect, regardless of the amount of time since the offense.
d) All felony violence, regardless of the amount of time since the offense (e.g., murder, manslaughter, aggravated assault, kidnapping, robbery, aggravated burglary, etc.)
e) All felony offenses other than violence or sex within the past 10 years (e.g., drug offenses, theft embezzlement, fraud, child endangerment, etc.)
f) All misdemeanor violence offenses with the past 7 years (e.g., simple assault, battery, domestic violence, hit and run, etc.)
g) Any misdemeanor within the past 5 years that would be considered a potential danger to children or is directly related to the functions of a volunteer (e.g.; contributing to the delinquency of minor, providing alcohol or drugs to a minor, theft, etc.)
If a criminal record is received, an authorized individual will closely compare the record provided with the information on the disclosure and authorization statement, along with any other identifying information provided by the applicant, to ensure the record relates to the applicant.
VI. If Inspired Acres is inclined to make an adverse decision based on the results of the criminal background check, the applicant will be notified immediately by a staff member. The applicant will be provided with a copy of the criminal record, Inspired Acres' criminal background check policy and will be advised of the part(s) of the record that make the individual unsuitable for the position. Inspire will provide the applicant with an opportunity to dispute the accuracy and relevance of the criminal record.
VII. Applicants challenging the accuracy of a criminal record shall be provided the following information: Contact the Florida Department of Law Enforcement at http://www.fdle.state.fl.us for information on the process of correcting a criminal record.
VIII. If the criminal record provided does not exactly match the identification information provided by the applicant, Inspire will make a determination based on a comparison of the criminal record and documents provided by the applicant.
IX. Inspired Acres will notify the applicant of the decision and the basis of the decision in a timely manner.
X. Background screenings are to be completed every 3 years for active Inspired Acres Volunteers.
If you DO NOT consent to a background screening, your application will be terminated and you will be unable to volunteer with Inspired Acres.
Inspired Acres’ Volunteer Background Screening Application disclosure and authorization statement: I, the undersigned volunteer, authorize Inspired Acres to receive completed background check results and receive information from any law enforcement agency, including police departments and sheriff’s departments, of this state or any other state or federal government, to the
extent permitted by state and federal law, pertaining to any convictions I may have had for violations of state
or federal criminal laws, including but not limited to convictions for crimes committed upon children. I
understand that such access is for the purpose of considering my application as an volunteer, and that I
expressly DO NOT authorize the operating center, its directors, officers, employees, or other volunteers to
disseminate this information in any way to any other individual group, agency, organization or corporation.
COVID-19 ACKOWLEDGEMENT:
I, the undersigned, am aware of the risks of contracting or spreading Covid-19 while working or volunteering at Inspired Acres; attending an event; and/or receiving face-to-face services from Inspired Acres during the time of a pandemic outbreak, and /or Florida Governor’s or Pinellas County’s declaration of a “stay-at-home” order(s). I am aware that face-to-face services and experiences increase my risk of contracting and passing on the Covid-19 or Coronavirus and agree to hold harmless Inspired Acres and its residents, members, officers, managers, agents, employees and all other individuals I may come in contact with during this interaction and receiving of services, providing services, attending an event or volunteering within this organization. I am aware of the options that may be available for remote services including, telephonic and video telehealth, as allowed by insurances and State Licensing Board recommendations, during this Pandemic outbreak. I agree to and will follow all guidelines for personal hygiene, personal safety and public safety as recommended by Inspired Acres; as well as my individual provider/practitioner. This may include, but is not limited to maintaining social distance; washing my hands prior to and following each session or activity; use of hand sanitizer upon request; wiping down surfaces with disinfecting wipes and/or wearing a protective medical mask and/or gloves. I agree to stay home and/or cancel my services should I have personally exhibited or have been in contact with someone who has presented with illness within the previous 24 hours to 2 weeks, including cough, sneezing, fever, chest congestion or additional signs of potential spread of any virus or bacteria/disease. In addition, I will follow the recommendations of my provider once I have notified them of these risks in regard to my future services or attendance during this endemic. Inspired Acres will engage in regular cleaning of the facility, horse tack, grooming supplies and office, doors, and frequently touched areas in-between clients and on a daily basis as recommended by the CDC for the safety of clients, employees, volunteers and horses.
I am signing under my own free will and agree to follow these and hold harmless all individuals associated with or through my services acquired from Inspired Acres.