Volunteer Agreement - Template, Sample Form to Complete Pro · US-law

VOLUNTEER AGREEMENT

State of ________

This Volunteer Agreement (this "Agreement") is entered into and made effective as of ________ (the "Effective Date") by and between the following parties: ________ (the "Volunteer"), an individual having a primary address at:

________
Telephone: ________
Email: ________

and ________ (the "Organization"), a nonprofit corporation organized and existing under the laws of the State of ________, having its principal place of business at:

________
Telephone: ________
Email: ________

The Volunteer and the Organization may each be referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, the Volunteer wishes to donate the Volunteer's time and services to the Organization on a wholly voluntary, uncompensated basis;

WHEREAS, the Organization is a duly organized nonprofit organization that wishes to accept the Volunteer's services subject to the terms and conditions set forth herein;

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

ARTICLE 1 — VOLUNTEER SERVICES

1.1 The Volunteer will donate time to the Organization in the capacity of ________ (the "Role").

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

________

1.3 The Volunteer expects to volunteer in the Role for approximately ________ (________) hours each week, subject to the mutual convenience of the Parties. The Volunteer's participation is entirely voluntary, and nothing in this Agreement obligates the Volunteer to perform any minimum amount of service or obligates the Organization to provide any service opportunities.

ARTICLE 2 — NO COMPENSATION

2.1 The Volunteer understands and agrees that the Role is performed without wages, salary, commissions, bonuses, or any other form of compensation or employee benefits. This is an exclusively voluntary role undertaken so that the Volunteer may provide assistance to the Organization.

2.2 The Parties intend that the Volunteer be treated as a "volunteer" within the meaning of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and applicable state law, and not as an employee. The Volunteer expressly waives any claim to wages or benefits arising from the Volunteering Services.

ARTICLE 3 — REIMBURSEMENT OF EXPENSES

3.1 The Volunteer may be reimbursed for the following reasonable out-of-pocket expenses actually incurred in connection with the Volunteering Services, provided such expenses are pre-approved in writing by the Organization and supported by appropriate documentation:

________

3.2 Reimbursement of expenses shall not constitute wages or compensation and shall not alter the volunteer status described in Article 2.

ARTICLE 4 — RELATIONSHIP OF THE PARTIES

4.1 Nothing in this Agreement shall be construed to create any partnership, joint venture, agency, independent contractor, or employment relationship between the Parties. The Volunteer is, and at all times shall remain, a volunteer only.

4.2 The Volunteer shall not be entitled to any employee benefits, including but not limited to health insurance, paid vacation, sick leave, retirement, workers' compensation (except as may be required by applicable law), or unemployment benefits. The Volunteer shall be solely responsible for any taxes that may arise in connection with any reimbursements received.

ARTICLE 5 — SUPERVISION; RULES AND POLICIES

5.1 The Volunteer's direct supervisor shall be ________ (the "Supervisor"). The Volunteer agrees to follow all reasonable and lawful directions given by the Supervisor, and to comply with all policies, rules, instructions, and codes of conduct adopted by the Organization, as may be amended from time to time.

5.2 The Volunteer may be assigned to other supervisors, including staff or other volunteers, from time to time at the discretion of the Organization.

ARTICLE 6 — TRAINING AND BACKGROUND CHECKS

6.1 The Volunteer may be required to complete training as a condition of performing the Volunteering Services. The Volunteer understands that such training may be an essential component of the Role and agrees to complete all required training prior to commencing the Role.

6.2 The Volunteer consents, where lawful and where required by the Organization, to such background, reference, or screening checks as the Organization may reasonably require in connection with the Role, and agrees to provide any consent documentation necessary to permit such checks.

ARTICLE 7 — CONFIDENTIALITY

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7.2 The Volunteer agrees to keep all Confidential Information strictly confidential and not to use or disclose it to any third party, either during or after the term of this Agreement, without the prior written consent of the Organization, except as required by law.

7.3 The Volunteer shall comply with all applicable privacy and data protection laws in handling personal information of any individual. This obligation of confidentiality shall survive the termination of this Agreement.

ARTICLE 8 — ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION

8.1 The Volunteer knowingly and voluntarily assumes all risks associated with performing the Volunteering Services.

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8.3 The Volunteer represents that the Volunteer has, or will maintain, such personal insurance coverage as the Volunteer deems appropriate. Nothing herein limits any rights or coverage the Volunteer may have under applicable law.

ARTICLE 9 — INTELLECTUAL PROPERTY

9.1 To the extent the Volunteer creates any work product, materials, or inventions in connection with the Volunteering Services, the Volunteer hereby assigns to the Organization all right, title, and interest therein, and agrees to execute such documents as may reasonably be required to perfect such assignment.

ARTICLE 10 — TERM AND TERMINATION

10.1 This Agreement shall commence on the Effective Date and shall continue until terminated in accordance with this Article.

10.2 This Agreement may be terminated by either Party at any time, with or without cause, and with or without notice. Upon termination, the Volunteer shall promptly return all property, materials, and Confidential Information belonging to the Organization. The provisions of Articles 4, 7, 8, 9, and 11 shall survive termination.

ARTICLE 11 — EMERGENCY CONTACT

11.1 The Volunteer's emergency contact (name, relationship, address, and telephone number) shall be:

________

ARTICLE 12 — GENERAL PROVISIONS

a) GOVERNING LAW; VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles, together with any applicable federal law. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ County, State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive.

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

c) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral.

d) AMENDMENT: This Agreement may be amended only by a written instrument signed by both Parties.

e) ASSIGNMENT: The Volunteer may not assign or delegate this Agreement or any rights or obligations hereunder. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.

f) SEVERABILITY: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

g) WAIVER: No waiver of any provision of this Agreement shall be effective unless in writing, and no waiver shall constitute a continuing waiver of such provision or any other provision.

h) NOTICES: All notices shall be in writing and delivered to the addresses set forth above, or to such other address as a Party may designate in writing.

i) COUNTERPARTS: This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

j) HEADINGS: Headings in this Agreement are for convenience only and shall not affect the interpretation of its terms.

SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

VOLUNTEER

Name: ________

Signature: _________________________

Date: ________

(If the Volunteer is a minor, the parent or legal guardian must sign below:)

Parent/Guardian Name: ________

Parent/Guardian Signature: _________________________

ORGANIZATION

Organization: ________

Representative Name: ________

Representative Signature: _____________________

Representative Title: ________

Date: ________