Volunteer Agreement - Template, Sample Form to Fill out Pro · PH-law
✓ Valid in Philippines · drafted to comply with local law
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VOLUNTEER AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Volunteer Agreement (the "Agreement") is made and executed this ________ day of ________, 20________ at the City/Municipality of ________, Province of ________, Republic of the Philippines, by and between:
________, a non-stock, non-profit organization duly organized and existing under and by virtue of the laws of the Republic of the Philippines, with Securities and Exchange Commission Registration No. ________ and principal office address at ________, represented in this act by its duly authorized representative, ________, of legal age, in his/her capacity as ________, hereinafter referred to as the "Organization";
- and -
________, Filipino, of legal age, with valid government-issued identification ________ No. ________, and residing at ________, hereinafter referred to as the "Volunteer".
(The Organization and the Volunteer are hereinafter collectively referred to as the "Parties" and individually as a "Party".)
WITNESSETH: That -
WHEREAS, the Volunteer desires to gratuitously donate his/her time, effort, and services to the Organization in furtherance of its charitable and civic purposes;
WHEREAS, the Organization is willing to accept the Volunteer's gratuitous services under the terms and conditions hereinafter set forth;
NOW, THEREFORE, for and in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the Parties hereby agree as follows:
Art. I. Volunteer Services.
1.1. The Volunteer shall gratuitously render to the Organization, in a purely voluntary capacity, the following services (the "Services"):
________
1.2. The Volunteer intends to render the Services for approximately ________ hours each week, subject to such schedule as may be mutually agreed upon with the Organization.
Art. II. No Compensation; Absence of Employment Relationship.
2.1. The Volunteer expressly acknowledges and agrees that the Services are rendered purely on a gratuitous and voluntary basis, without any wage, salary, allowance, or other monetary or non-monetary benefit whatsoever.
2.2. Consistent with Article 1156 and the provisions on contracts of the Civil Code of the Philippines, and in the absence of the four-fold elements of an employment relationship, the Parties confirm that no employer-employee relationship is, or is intended to be, created under the Labor Code of the Philippines. The Volunteer shall therefore not be entitled to any benefit accruing to employees, including but not limited to wages, thirteenth-month pay, leave benefits, separation pay, or coverage under any social legislation by reason of this Agreement.
Art. III. Reimbursement of Expenses.
3.1. The Volunteer may be reimbursed solely for reasonable and duly documented out-of-pocket expenses incurred directly in connection with the Services, limited to the following:
________
3.2. Any such reimbursement shall not be construed as compensation, remuneration, or consideration for the Services.
Art. IV. Supervision.
4.1. The Volunteer's direct supervisor shall be ________ (the "Supervisor"). The Volunteer agrees to follow all lawful and reasonable directions of the Supervisor, as well as all rules and instructions issued by the Organization. The Volunteer may, from time to time, be assigned to other supervisors, including fellow volunteers.
Art. V. Rules and Regulations.
5.1. The Volunteer acknowledges that the Organization maintains its own rules and regulations governing the conduct of its volunteers and undertakes to comply fully therewith, including the following:
________
5.2. The Organization may, at its sole discretion, immediately terminate this Agreement upon any violation by the Volunteer of its rules and regulations, without prejudice to any other legal action the Organization may pursue.
Art. VI. Training.
6.1. The Volunteer may be required to undergo training as an essential condition to the rendition of the Services and agrees to complete any such training prior to commencing volunteer work with the Organization.
Art. VII. Confidentiality and Data Privacy.
7.1. In the course of rendering the Services, the Volunteer may gain access to confidential and proprietary information of the Organization, including but not limited to information concerning its operations, donors, beneficiaries, members, volunteers, finances, and other matters not generally known to the public (the "Confidential Information").
7.2. The Volunteer agrees to keep all Confidential Information strictly confidential and shall not disclose, use, or reproduce the same for any purpose other than the performance of the Services, both during the term of this Agreement and after its termination, for so long as such information remains confidential.
7.3. The Volunteer shall process any personal data to which he/she may have access strictly in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations, and the issuances of the National Privacy Commission, and only upon the lawful instruction of the Organization.
Art. VIII. Assumption of Risk; Release and Waiver.
Art. IX. Intellectual Property.
Art. X. Nature of Relationship.
10.1. Nothing herein shall be construed to establish any partnership, joint venture, agency, or employer-employee relationship between the Parties. The Volunteer is, and at all times shall remain, a volunteer only and shall not be entitled to any employee benefit such as health insurance, paid vacation, or sick leave.
Art. XI. Term and Termination.
11.1. This Agreement shall take effect on the date first stated above and may be terminated by either Party at any time, with or without cause, upon written notice to the other Party. The provisions of Articles VII, VIII, and IX shall survive the termination of this Agreement.
Art. XII. Emergency Contact.
12.1. The Volunteer's emergency contact shall be:
________
Art. XIII. General Provisions.
a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
b. Venue. Any action or proceeding arising out of or in connection with this Agreement shall be brought exclusively before the proper courts of ________, to the exclusion of all other venues.
c. Amendments and Modifications. This Agreement may be amended or modified only by a written instrument duly signed by both Parties.
d. Separability. Should any provision of this Agreement be declared invalid or unenforceable, the remaining provisions shall continue in full force and effect.
e. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous understandings, whether written or oral.
f. Headings. Headings are for convenience only and shall not affect the interpretation of this Agreement.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and at the place first above written.
________
By:
________
________
________
Volunteer
SIGNED IN THE PRESENCE OF:
________ ________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ________ ) S.S.
BEFORE ME, a Notary Public for and in the above jurisdiction, this ________ day of ________, 20________, personally appeared the following persons, exhibiting to me their competent evidence of identity as indicated below:
________ — ________
________ — ________
known to me and to me known to be the same persons who executed the foregoing Volunteer Agreement, and they acknowledged to me that the same is their free and voluntary act and deed, as well as that of the entity they represent.
This instrument, consisting of ________ pages including this page on which the acknowledgment is written, refers to a Volunteer Agreement and has been signed by the Parties and their instrumental witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
NOTARY PUBLIC
Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.
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