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

VOLUNTEER AGREEMENT

THIS VOLUNTEER AGREEMENT (this "Agreement") is made this ________

BETWEEN

________, a body duly registered under the laws of the Federal Republic of Nigeria (with registration number ________), whose registered/principal address is:

________

(hereinafter referred to as the "Organization", which expression shall where the context so admits include its successors-in-title and assigns) of the one part;

AND

________, an individual (holding identification number ________), whose address is:

________

(hereinafter referred to as the "Volunteer", which expression shall where the context so admits include his/her successors-in-title, heirs, personal representatives and permitted assigns) of the other part.

The Organization and the Volunteer are hereinafter individually referred to as a "Party" and collectively referred to as the "Parties".

RECITALS

A. The Organization wishes to engage the voluntary, unpaid services of the Volunteer for charitable, community, developmental and/or other not-for-profit purposes.

B. The Volunteer freely and willingly desires to provide such voluntary services to the Organization on the terms and conditions set out in this Agreement.

C. The Parties acknowledge and intend that this Agreement does not create, and shall not be construed as creating, a contract of employment or any worker, agency, partnership or master-servant relationship between them, and that the Volunteer is not an "employee" within the meaning of the Labour Act, Cap. L1, Laws of the Federation of Nigeria 2004.

NOW THEREFORE, in consideration of the mutual covenants and undertakings contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

§1. NATURE OF ENGAGEMENT AND POSITION

1.1. The Volunteer is engaged on a purely voluntary basis and this Agreement shall not be construed as a contract of employment or service. Nothing herein shall confer upon the Volunteer any right to remuneration, pension, gratuity or any statutory employment benefit.

1.2. The Volunteer shall be assigned to provide voluntary services within the ________ department/unit of the Organization, with effect from ________.

1.3. The Volunteer shall report to ________ and shall undertake the following duties (the "Services"):

________

1.4. The Volunteer agrees to perform the Services faithfully, diligently and honestly at all times and shall comply with all lawful policies, procedures, rules, regulations and directions of the Organization.

§2. DURATION, SCHEDULE AND LOCATION

2.1. This engagement shall subsist for a term of ________, unless earlier terminated in accordance with §5.

2.2. The Volunteer shall provide the Services in accordance with the following schedule (days/hours), it being understood that such schedule is indicative only and creates no obligation of fixed hours: ________.

2.3. The Volunteer shall provide the Services from the following location:

________

§3. ABSENCE OF WAGES AND BENEFITS

3.1. The Volunteer expressly acknowledges and agrees that the Services are provided voluntarily and gratuitously, and that the Volunteer shall not be entitled to any wages, salary, allowance, benefit, pension or other compensation of whatsoever nature in respect of the Services.

3.2. The Parties confirm that no consideration of an employment nature passes between them, and the Volunteer waives any claim to be treated as an employee for any purpose, including for the purposes of the Labour Act, the Pension Reform Act 2014, the Employee's Compensation Act 2010, or the Personal Income Tax Act (as amended).

§4. INDUCTION AND TRAINING

4.1. The Volunteer may be required to undergo induction and training prior to or during the engagement. Such training shall last for the following period: ________. During training, the Volunteer shall comply with the reasonable instructions of any assigned supervisor or mentor.

§5. TERMINATION

5.1. Either Party may terminate this Agreement at any time by giving ________ notice in writing to the other Party, or with immediate effect in the case of misconduct, breach of this Agreement, or where required by law.

5.2. Upon termination, howsoever arising, the Volunteer shall:

(5.2.I) immediately deliver to the Organization all monies, documents, books, materials, equipment and any other property belonging or relating to the Organization in the possession, custody or control of the Volunteer;

(5.2.II) permanently delete all information relating to the business of the Organization stored on any electronic device, hard disk or storage medium in the possession or control of the Volunteer;

(5.2.III) not disclose or use any of the Organization's confidential information or trade secrets, and the Organization shall be entitled to seek an injunction or any other equitable or legal remedy to restrain such disclosure or use.

5.3. Clauses relating to intellectual property, confidentiality, release of liability and governing law shall survive the termination or expiration of this Agreement.

§6. INTELLECTUAL PROPERTY

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6.2. The Volunteer hereby irrevocably assigns to the Organization all rights, title and interest in and to any such intellectual property and agrees to execute all documents and take all such actions as may be necessary to give effect to and perfect the Organization's ownership of the same.

§7. FORCE MAJEURE

7.1. Neither Party shall be liable for any failure to fulfil any term of this Agreement where such fulfilment has been delayed, hindered, interfered with or prevented by force majeure, which in this Agreement means any circumstance:

(7.1.I) which is beyond a Party's reasonable control;

(7.1.II) which such Party could not reasonably have avoided or overcome; and

(7.1.III) which is not attributable to the other Party.

7.2. Without prejudice to the generality of the foregoing, force majeure shall include:

(7.2.I) war, hostilities or invasion;

(7.2.II) rebellion, terrorism, revolution, insurrection, military or usurped power;

(7.2.III) riot, civil disorder, epidemic, pandemic, governmental restriction or other act that may reasonably affect a Party's ability to fulfil its obligations under this Agreement.

§8. EXPENSE REIMBURSEMENT

8.1. The Volunteer shall be entitled to reimbursement of reasonable out-of-pocket expenses properly and necessarily incurred in the course of providing the Services, subject to the Volunteer producing receipts and obtaining prior approval where required. The following categories of expenses shall be reimbursable:

________

8.2. The Parties acknowledge that such reimbursement is solely for the recovery of genuine expenses and shall not constitute payment, wages or consideration for the Services.

§9. RELEASE AND INDEMNITY

9.1. To the extent permitted by law, each Party releases and holds harmless the other Party, its assignees, affiliates, employees and agents from any injury, liability, loss, damage or expense arising in connection with the Services, save where the same is occasioned by the gross negligence, wilful misconduct or fraud of the Party seeking to rely on this clause.

9.2. Nothing in this Agreement shall exclude or limit any liability which cannot lawfully be excluded or limited under Nigerian law, including liability for personal injury or death caused by negligence.

§10. CONFIDENTIALITY AND DATA PROTECTION

10.1. The Volunteer acknowledges that in connection with this Agreement the Volunteer may have access to confidential and trade secret information and materials of the Organization.

10.2. Confidential information includes all information of whatever nature disclosed by the Organization, whether in writing, orally or otherwise, including documents, techniques, practices, tools, specifications, inventions, patents, trademarks, software, drawings and programmes, but shall not include information or data:

(10.2.I) which can be established by written records to have been already known to the Volunteer or the public at the time of disclosure;

(10.2.II) which enters the public domain through no fault of the Volunteer;

(10.2.III) which is given by the Organization to third parties without restriction;

(10.2.IV) which is given to the Volunteer by a third party lawfully in possession of such information and having the right to disclose it; or

(10.2.V) which is required to be disclosed by law or by an order of a court of competent jurisdiction.

10.3. Trade secret information includes all formulae, patterns, designs, processes, methods or other information not generally known or readily ascertainable by the public. The Volunteer undertakes:

(10.3.I) to keep all confidential information and trade secret information confidential at all times;

(10.3.II) not to disclose or permit the disclosure, in whole or in part, of such information to any third party without the prior written consent of the Organization;

(10.3.III) not to use such information for any purpose except the performance of the Services;

(10.3.IV) not to transfer or part with possession of the whole or any part of the confidential information;

(10.3.V) not to use, disclose or permit the disclosure of the confidential information for the benefit of any third party; and

(10.3.VI) to take all proper and reasonable measures to ensure the confidentiality and security of the confidential information and trade secret information.

10.4. The obligations under this §10 shall continue during and after the termination of this Agreement for so long as the information remains confidential or constitutes a trade secret.

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§11. GOVERNING LAW

11.1. This Agreement shall be governed by and construed in accordance with the laws, regulations and guidelines of the Federal Republic of Nigeria.

§12. DISPUTE RESOLUTION AND JURISDICTION

12.1. The Parties shall in the first instance endeavour to resolve any dispute, controversy or claim arising out of or in connection with this Agreement amicably through good faith negotiation.

12.2. Where such dispute is not resolved within ________ days, it shall be referred to mediation at the ________, and failing settlement, the courts of competent jurisdiction in ________ shall have exclusive jurisdiction to determine the matter.

§13. MISCELLANEOUS

(I) Variation: This Agreement may only be amended or varied by an instrument in writing duly signed by both Parties.

(II) Notices: All notices under this Agreement shall be in writing and shall be delivered personally, by courier, by registered/certified mail, or by electronic mail to the respective addresses of the Parties set out above or such other address as a Party may notify.

(III) Headings: Headings are used for convenience only and shall not affect the construction of this Agreement.

(IV) Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

(V) Entire Agreement: This Agreement, together with any addendum, constitutes the entire agreement between the Parties and supersedes all prior written or oral agreements between them.

(VI) Assignment: No Party shall assign any of its obligations or duties under this Agreement without the prior written consent of the other Party.

(VII) Enurement: This Agreement shall enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

(VIII) Cumulative Rights: The rights of the Parties under this Agreement are cumulative and not exclusive of any rights provided by law.

(IX) Waiver: No waiver shall be effective unless in writing, and no delay or omission to exercise any right shall operate as a waiver of that or any other right.

(X) Severability: If any provision of this Agreement is held to be unenforceable, the remaining provisions shall continue in full force and effect.

(XI) Further Assurance: The Parties shall execute and deliver all such documents and take all such actions as may be necessary to give full effect to the provisions of this Agreement.

IN WITNESS WHEREOF the Parties have executed this Agreement the day and year first above written.

SIGNED, SEALED AND DELIVERED by the duly authorised representative of the within-named Organization:

_____________________________
________
________

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: .......................................................................................................................

SIGNED, SEALED AND DELIVERED by the within-named Volunteer:

_____________________________
________
(Signature of Volunteer)

In the presence of:

Name: ________

Address: ________

Occupation: ________

Signature: .......................................................................................................................