Volunteer Agreement - Template, Sample Form to Fill out Pro · AU-law

VOLUNTEER AGREEMENT

This Volunteer Agreement ("this Agreement") is made on ________.

BETWEEN THE ORGANISATION (hereinafter "Organisation"):

________

ABN/ACN: ________

Address: ________

AND THE VOLUNTEER (hereinafter "Volunteer"):

________

Date of birth: ________

Address: ________

The Volunteer intends to undertake voluntary work for the Organisation in accordance with this Agreement.

The Organisation and the Volunteer may be referred to hereinafter as the "Parties" or individually as a "Party".

This Agreement is not intended to be a legally binding contract of employment between the Organisation and the Volunteer, and does not impose any binding obligation on the Volunteer to attend, give or be set a minimum amount of time to perform the volunteering described, save where expressly stated to be binding (including the clauses headed Confidentiality, Intellectual Property, Indemnity, Health and Safety and General Provisions).

(1) ORGANISATION VALUES

The Organisation's core values are:

________

(2) VOLUNTEER SERVICES

(a) The Volunteer will be donating their time to the Organisation as a volunteer in the capacity of: ________ (the "Role").

(b) In the Role, the Volunteer will provide the following services (the "Volunteer Services"):

________

(c) The Volunteer will provide the Volunteer Services at the following location(s): ________.

(d) The Parties agree and acknowledge that the Volunteer is a genuine volunteer only and is not an employee, consultant or independent contractor of the Organisation within the meaning of the Fair Work Act 2009 (Cth) or otherwise, and that no employment relationship, wages or entitlements arise under this Agreement.

(e) As this Agreement relates to work performed on a voluntary basis, the Volunteer is under no obligation to perform the Volunteer Services and may choose not to provide the Volunteer Services at any time. However, the Volunteer acknowledges that in order for the Organisation to operate effectively, it is important that the Organisation can rely on Volunteers to use their best efforts to comply with any pre-agreed schedules and to give reasonable notice if they are unable to attend.

(3) WHAT WE ASK OF OUR VOLUNTEERS

The Organisation asks that its Volunteers:

(a) act with honesty and integrity at all times while representing the Organisation;

(b) support and act in accordance with the Organisation's purposes, goals and values;

(c) take the time to review and understand any policies, guidelines, manuals or handbooks provided to the Volunteer by the Organisation;

(d) only perform duties which the Volunteer is qualified and authorised to perform;

(e) behave appropriately, respectfully and courteously to all other Volunteers, all staff of the Organisation, all partners, associates, supporters or customers of the Organisation, and all members of the public while representing the Organisation and/or providing the Volunteer Services;

(f) avoid being under the influence of drugs or alcohol while providing the Volunteer Services;

(g) promptly notify the Supervisor or another member of staff of any accidents or incidents;

(h) promptly notify the Supervisor or another member of staff if there are any work health and safety issues or any potentially dangerous situations related to the Organisation;

(i) comply with all applicable laws at all times while representing the Organisation;

(j) in the event that the Volunteer is given any equipment, resources or other property to use while providing the Volunteer Services, use such equipment, resources or other property only for the purposes of providing the Volunteer Services and in accordance with any instructions provided by the Supervisor or the Organisation;

(k) immediately notify the Supervisor and/or the Organisation if there are any changes in the Volunteer's circumstances which mean that the Volunteer is unable to continue performing the Volunteer Services safely and lawfully.

(4) NO WAGES OR ENTITLEMENTS

The Volunteer understands and agrees that the Role is undertaken without wages, salary, commission, or other remuneration or benefits of any kind. This is an exclusively voluntary role so that the Volunteer may provide assistance to the Organisation. Nothing in this Agreement gives rise to an entitlement to any payment in the nature of wages, leave, superannuation or other employment benefit.

(5) REIMBURSEMENT

(a) The Volunteer may, with the prior approval of the Organisation, be reimbursed for the following reasonable out-of-pocket expenses actually and properly incurred in providing the Volunteer Services:

________

(b) Any such reimbursement is intended only to reimburse genuine expenses and does not constitute remuneration, reward or payment for the Volunteer Services.

(6) RELATIONSHIP

(a) Nothing in this Agreement shall be taken to establish any partnership, joint venture, agency, consulting, contractor or employment relationship. The Volunteer is, and at all times will be, a volunteer only.

(b) Except for any reimbursements that the Volunteer may receive under the "Reimbursement" clause of this Agreement, the Volunteer is not entitled to any benefits that employees of the Organisation might receive, such as health insurance, annual leave, personal/carer's leave, long service leave or superannuation. The Volunteer shall be responsible for all of the Volunteer's own taxes and expenses.

(7) FUTURE RELATIONSHIP

(a) Any changes to the relationship between the Volunteer and the Organisation should be documented in writing.

(b) If the Parties decide in future that the Volunteer will be engaged by the Organisation in some other capacity, for example as an employee or contractor, then the Parties shall execute a written agreement setting out the new terms of the relationship.

(8) VOLUNTEER NOT AUTHORISED TO BIND ORGANISATION

Nothing in this Agreement authorises the Volunteer to enter into contracts or other legal commitments for or on behalf of the Organisation without the Organisation's prior written consent.

(9) SUPERVISOR

(a) The Volunteer's direct supervisor will be: ________ (the "Supervisor").

(b) The Volunteer agrees to follow all reasonable directions given by the Supervisor, as well as any and all reasonable rules and instructions provided by the Organisation. The Volunteer may also be assigned other supervisors, including other volunteers, from time to time.

(10) TRAINING AND SCREENING

(a) The Volunteer may be asked to undergo training and/or an induction for the Organisation. The Volunteer understands that such training/induction may be an essential component of being able to volunteer in the Role and agrees to complete such training/induction as reasonably directed by the Organisation.

(b) Where the Role involves contact with children, vulnerable persons or other circumstances requiring screening, the Volunteer agrees to obtain and maintain at the Volunteer's own cost (unless otherwise agreed) any clearances required by law, including any Working with Children Check, National Police Check or NDIS Worker Screening Check as applicable: ________.

(11) VOLUNTEER'S INFORMATION

(a) Before starting in the Role, the Volunteer is required to provide the following information to the Organisation:

________

(b) The Organisation will collect, hold, use and disclose the Volunteer's personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and only for purposes connected with the Volunteer's engagement and the Organisation's lawful activities. A copy of the Organisation's privacy policy is available on request.

(12) ORGANISATION POLICIES

The Volunteer must comply with the Organisation's policies, codes of conduct and procedures as published or amended from time to time, including any policy relating to work health and safety, equal opportunity, anti-discrimination, bullying and harassment, and child safety.

(13) WORK HEALTH AND SAFETY

(a) The health and safety of all Volunteers, as well as anyone else involved with the Organisation, is a priority of the Organisation.

(b) The Organisation has work health and safety obligations towards the Volunteer (who is a "worker" for the purposes of applicable work health and safety legislation) as well as towards people with whom the Volunteer may interact while providing the Volunteer Services. This may include obligations under applicable Commonwealth law and under the work health and safety laws of ________.

(c) The Volunteer has obligations to take care of their own health and safety and to take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons. This may include duties under applicable Commonwealth law and under the work health and safety laws of ________. In particular, the Volunteer's obligations include but are not limited to:

(I) taking reasonable care for the Volunteer's own health and safety;

(II) taking reasonable care for the health and safety of any other Volunteers;

(III) taking reasonable care for the health and safety of any other people with whom the Volunteer interacts;

(IV) promptly notifying the Supervisor or another member of staff of any accidents or incidents;

(V) not being under the influence of drugs or alcohol while providing the Volunteer Services;

(VI) promptly notifying the Supervisor or another member of staff if there are any work health and safety issues or any potentially dangerous situations related to the Organisation;

(VII) only performing duties which the Volunteer is qualified and authorised to perform;

(VIII) complying at all times with any reasonable directions of the Supervisor and/or the Organisation in relation to work health and safety;

(IX) complying at all times with any of the Organisation's reasonable work health and safety policies.

(d) The Volunteer acknowledges that the Volunteer might be personally liable in the event of any injury, death, harm, loss or damage which occurs as a result of:

(I) the Volunteer failing to comply with this Agreement;

(II) the Volunteer breaching the law;

(III) the Volunteer acting in a manner which is outside the scope of the Role described in this Agreement;

(IV) the Volunteer being under the influence of drugs or alcohol while providing the Volunteer Services;

(V) the Volunteer failing to follow any reasonable directions of the Supervisor and/or the Organisation;

(VI) the Volunteer failing to follow any of the Organisation's reasonable policies.

(14) INSURANCE

(a) The Organisation must use reasonable endeavours to maintain adequate insurance to cover the Volunteer while the Volunteer is providing the Volunteer Services.

(b) The Volunteer must not do anything to void or prejudice the Organisation's insurance.

(c) The Organisation confirms that it has the following insurance:

________

(d) The Volunteer must do the following in order to ensure that they are covered under the Organisation's insurance:

________

(e) The Organisation's insurance is unlikely to cover the Volunteer for:

(I) anything that the Volunteer does outside of the Volunteer Services;

(II) anything that the Volunteer does in breach of this Agreement;

(III) anything that the Volunteer does in breach of the Organisation's instructions or the instructions of the Supervisor;

(IV) any criminal conduct by the Volunteer;

(V) any dishonest or reckless conduct by the Volunteer.

(15) CONFIDENTIALITY AND PRIVACY

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(b) The Volunteer agrees to keep all Confidential Information strictly confidential and not to disclose, use or reproduce any Confidential Information for any purpose other than providing the Volunteer Services, without the prior written consent of the Organisation. This obligation does not apply to any information which is or becomes publicly available through no fault of the Volunteer, or which the Volunteer is required to disclose by law.

(c) The Volunteer must handle any personal information accessed in the course of the Volunteer Services strictly in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Organisation's privacy policy.

(d) This clause will survive the termination, expiration or completion of this Agreement.

(16) INTELLECTUAL PROPERTY

(a) In connection with the provision of the Volunteer Services, the Volunteer may generate, create, write or produce intellectual property, including but not limited to plans, reports, drawings, specifications, advice, analyses, designs, methodologies, code, artwork, or any other intellectual property as required in order to provide the Volunteer Services to the Organisation ("Created IP").

(b) Unless otherwise agreed between the Parties in writing, all intellectual property rights in any Created IP generated by the Volunteer in connection with the provision of the Volunteer Services to the Organisation shall vest in and belong to the Organisation upon creation, and the Volunteer hereby assigns to the Organisation all such rights. The Volunteer agrees to do all things and execute all documents reasonably necessary to give effect to this clause.

(c) To the extent permitted by the Copyright Act 1968 (Cth), the Volunteer consents to the Organisation and its licensees using, adapting and dealing with any Created IP in any manner which would otherwise infringe the Volunteer's moral rights.

(d) In connection with the provision of the Volunteer Services, the Volunteer may have access to the Organisation's intellectual property, including but not limited to plans, reports, drawings, specifications, advice, analyses, designs, methodologies, code, artwork, or any other intellectual property ("Organisation IP").

(e) Unless otherwise agreed between the Parties in writing, the Organisation will retain all intellectual property rights in any Organisation IP. Nothing in this Agreement will transfer any intellectual property rights in any Organisation IP to the Volunteer.

(f) This clause will survive the termination, expiration or completion of this Agreement.

(17) INDEMNITY

(a) To the extent permitted by law, the Volunteer agrees to indemnify the Organisation against any and all damage, liability, and loss that the Organisation suffers as a result of any act or omission of the Volunteer in breach of this Agreement or in breach of the law, except to the extent caused or contributed to by the Organisation's own negligence or default.

(b) This clause will survive the termination, expiration or completion of this Agreement.

(18) PHOTOGRAPHS/VIDEO/IMAGES

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(19) TERMINATION

This Agreement may be terminated by either Party at any time, with or without cause, by providing written notice to the other Party. The Organisation may also suspend or cease the Volunteer's involvement immediately where reasonably necessary to protect the safety or interests of the Organisation, its staff, volunteers, clients or the public.

(20) ADDITIONAL COMMENTS

________

(21) EMERGENCY CONTACT

The Volunteer's emergency contact shall be:

________

(22) HOW TO MAKE A COMPLAINT OR SEEK SUPPORT

(a) We strive to create an environment which is positive, safe and supportive for all Volunteers.

(b) We encourage any Volunteer who has a complaint or requires support to come forward.

(c) If you want to raise a complaint or seek support, you may do so by contacting your Supervisor.

(d) If you are not comfortable raising a complaint with or seeking support from your Supervisor (for example, if you have a complaint about your Supervisor) then you may take your matter to a higher level manager or to the following contact: ________.

(23) GENERAL PROVISIONS

(a) GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of ________ and the applicable laws of the Commonwealth of Australia. Each Party submits to the non-exclusive jurisdiction of the courts of that State and the courts competent to hear appeals from them.

(b) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

(c) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

(d) VARIATION: No variation of this Agreement is effective unless made in writing and signed by both Parties.

(e) SEVERABILITY: If any provision of this Agreement is held to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

(f) SURVIVAL: At the termination, expiration or completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including but not limited to any provisions which explicitly state that they will survive termination or expiration.

(g) HEADINGS: Headings in this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.

BY SIGNING BELOW THE VOLUNTEER CONFIRMS THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND THE VOLUNTEER AGREES TO COMPLY WITH THIS AGREEMENT:

Signed by the Volunteer, ________:

____________________________________
Signature of Volunteer

Name: ________

Date: ________

Signed for and on behalf of the Organisation, ________:

____________________________________
Signature of authorised representative

Name: ________

Position: ________

Date: ________

Where the Volunteer is under 18 years of age, signed by the Volunteer's parent or guardian to acknowledge and consent to the Volunteer's participation:

____________________________________
Signature of parent/guardian

Name: ________

Date: ________