Volunteer Agreement Template
VOLUNTEER AGREEMENT
This Volunteer Agreement (the "Agreement") is made and entered into as of [Effective Date] (the "Effective Date"), by and between [Nonprofit Organization Legal Name], a nonprofit [corporation/organization] duly organized and existing under the laws of the State of [State], having its principal place of business at [Address] (hereinafter referred to as the "Organization"), and [Volunteer Full Legal Name], an individual residing at [Address] (hereinafter referred to as the "Volunteer"). The Organization and the Volunteer are hereinafter referred to individually as a "Party" and collectively as the "Parties."
WHEREAS, the Organization is a nonprofit entity engaged in [brief description of charitable mission and activities], and relies upon the generous contribution of time and effort by volunteers to further its charitable purposes;
WHEREAS, the Volunteer, motivated by altruistic and charitable intent, desires to donate his or her time, skills, and services to the Organization on an unpaid, voluntary basis, without expectation of wages, salary, or other remuneration;
WHEREAS, the Parties wish to memorialize in writing the terms and conditions governing the Volunteer's engagement with the Organization, and to clarify that no employment, agency, partnership, or joint venture relationship is created hereby;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and undertakings set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows.
Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following terms shall have the meanings ascribed to them below.
"Agreement" shall mean this Volunteer Agreement, including all recitals and any amendments, modifications, or supplements executed in writing by the Parties from time to time in accordance with the terms hereof.
"Confidential Information" shall mean any and all non-public information, in whatever form or medium, disclosed to, accessed by, or otherwise acquired by the Volunteer in the course of or in connection with the Volunteer Services, including without limitation donor and beneficiary information, financial data, strategic plans, operational procedures, personnel information, trade secrets, proprietary methodologies, and any other information marked or reasonably understood to be confidential or proprietary to the Organization.
"Organization Premises" shall mean the physical facilities, offices, and other properties owned, leased, operated, or controlled by the Organization at which the Volunteer Services are performed, including any ancillary locations designated in writing by the Organization from time to time.
"Policies" shall mean the Organization's written policies, procedures, codes of conduct, handbooks, guidelines, and rules, as may be adopted, amended, supplemented, or rescinded by the Organization from time to time in its sole discretion.
"Volunteer Services" shall mean the voluntary, unpaid services, duties, tasks, and activities to be performed by the Volunteer for the benefit of the Organization pursuant to this Agreement, as further described in the section entitled "Volunteer Role, Duties, and Schedule."
Words importing the singular shall include the plural and vice versa; words importing any gender shall include all genders; and references to any section or clause shall be deemed references to the sections and clauses of this Agreement unless the context clearly requires otherwise.
Headings used in this Agreement are inserted for convenience of reference only and shall not affect the construction or interpretation of any provision hereof.
The words "including," "includes," and "include" shall be deemed to be followed by the words "without limitation," and the word "or" shall be construed in the inclusive sense of "and/or" unless otherwise indicated.
Appointment and Scope of Volunteer Services
The Organization hereby appoints the Volunteer to serve in the capacity of [Volunteer Role / Position Title], and the Volunteer hereby accepts such appointment, subject to and in accordance with the terms and conditions set forth in this Agreement.
The Volunteer acknowledges and agrees that his or her engagement is undertaken on a wholly voluntary basis, in furtherance of the charitable mission of the Organization, and without any expectation, promise, or entitlement to monetary compensation, benefits, or other remuneration of any nature whatsoever, save as expressly provided in the section entitled "No Compensation and Reimbursement of Pre-Approved Expenses."
The scope of the Volunteer Services shall be as mutually agreed upon between the Parties from time to time, and may be adjusted, expanded, or reduced by the Organization in its reasonable discretion, taking into account the Volunteer's availability, skills, interests, and the needs of the Organization.
The Volunteer shall perform the Volunteer Services personally and shall not delegate, subcontract, or assign any part of such services to any other person or entity without the prior written consent of the Organization.
The Volunteer represents and warrants that he or she is legally permitted to perform the Volunteer Services in the United States and that his or her engagement with the Organization will not contravene any contractual, legal, or professional obligation owed to any third party.
The Organization reserves the right, at its sole discretion, to decline, modify, or terminate the Volunteer's assignment to any particular project, task, or activity at any time, provided that such action shall be exercised in good faith and in a manner consistent with the Organization's Policies.
Term and Continuation of Engagement
This Agreement shall commence on the Effective Date and shall continue in full force and effect on an ongoing basis, with no fixed end date, until terminated by either Party in accordance with the section entitled "Termination of Volunteer Service."
The continuation of the Volunteer's engagement is contingent upon the Volunteer's continued willingness and availability to serve, the ongoing need of the Organization for the Volunteer's services, and the Volunteer's adherence to the terms of this Agreement and the Policies.
The Parties acknowledge that the ongoing nature of this engagement shall not give rise to any entitlement, expectation, or guarantee of continued engagement, and that either Party may elect to discontinue the engagement at any time in accordance with the terms hereof.
The Volunteer shall be entitled to take reasonable periods of absence from the Volunteer Services, provided that the Volunteer gives reasonable advance notice to the Organization of any anticipated unavailability and makes reasonable efforts to arrange for the orderly handover or deferral of any pending tasks.
The Organization may, from time to time, review the Volunteer's engagement, performance, and continued suitability for the role, and may propose revisions to the Volunteer Services, schedule, or responsibilities, which shall take effect upon the Volunteer's written or electronic acceptance thereof.
Any periods during which the Volunteer does not actively perform Volunteer Services shall not, in and of themselves, constitute a termination of this Agreement, unless either Party expressly invokes the termination provisions set forth herein.
Volunteer Role, Duties, and Schedule
The Volunteer shall perform such duties, tasks, and functions as are reasonably assigned by the Organization and as are consistent with the role of [Volunteer Role / Position Title], including but not limited to [description of principal duties and activities].
The Volunteer shall perform the Volunteer Services at the Organization Premises located at [Address], or at such other locations as the Organization may reasonably designate from time to time in connection with the performance of specific tasks.
The Volunteer's schedule shall be as mutually agreed between the Parties, and is anticipated to consist of approximately [number] hours per [week/month], on such days and at such times as the Parties shall arrange, taking into account the Volunteer's availability and the operational requirements of the Organization.
The Volunteer shall perform the Volunteer Services with reasonable care, skill, and diligence, and in a professional, courteous, and respectful manner at all times, consistent with the standards of conduct and quality expected by the Organization.
The Volunteer shall promptly notify the Organization of any inability to attend as scheduled, any delays, or any circumstances that may affect the performance of the Volunteer Services, and shall cooperate in good faith to reschedule or reassign tasks as appropriate.
The Volunteer shall report to [Volunteer Supervisor / Designated Contact] or such other person as the Organization may designate from time to time, and shall comply with all reasonable instructions, directions, and guidance given by such supervisor in connection with the Volunteer Services.
The Volunteer acknowledges that the Organization retains sole discretion to prioritize, assign, reassign, or discontinue any particular task or project, and the Volunteer shall not undertake any activity on behalf of the Organization that has not been authorized by the Organization.
No Employment Relationship
The Parties expressly acknowledge, agree, and intend that the Volunteer is engaged solely as a volunteer and not as an employee, independent contractor, agent, partner, joint venturer, or representative of the Organization for any purpose whatsoever.
The Volunteer Services are undertaken voluntarily, without any expectation of wages, salary, overtime pay, commissions, bonuses, equity, pension, retirement benefits, health insurance, paid leave, workers' compensation (except to the extent required by applicable law), unemployment benefits, or any other form of compensation, benefit, or entitlement conferred upon employees or independent contractors.
The Volunteer shall not represent himself or herself as an employee, officer, or authorized agent of the Organization, and shall have no authority to enter into contracts, incur obligations, make representations, or otherwise bind the Organization in any manner, except as may be expressly authorized in writing by the Organization.
Nothing in this Agreement shall be construed as creating any employer-employee relationship, agency relationship, partnership, joint venture, or fiduciary relationship between the Parties, and the Volunteer hereby waives any claim to employment status, benefits, or entitlements arising out of or in connection with the Volunteer Services.
The Volunteer shall be solely responsible for any tax, reporting, or other legal consequences, if any, arising out of the Volunteer's engagement hereunder, and the Organization makes no representation as to the tax treatment of any reimbursements or benefits provided hereunder.
The Volunteer acknowledges that the Volunteer Services are performed as a charitable contribution of time and effort for the public benefit, and that any economic or incidental benefits accruing to the Volunteer (such as training, experience, or networking) are purely ancillary and do not constitute compensation.
No Compensation and Reimbursement of Pre-Approved Expenses
The Volunteer acknowledges and agrees that no monetary compensation, wages, salary, stipend, honorarium, or other remuneration of any kind shall be paid or payable to the Volunteer in consideration of the Volunteer Services.
Notwithstanding the foregoing, the Organization may, in its sole discretion, reimburse the Volunteer for reasonable, documented, out-of-pocket expenses actually and necessarily incurred by the Volunteer in the direct performance of the Volunteer Services, provided that such expenses have been pre-approved in writing by an authorized representative of the Organization prior to being incurred.
To be eligible for reimbursement, the Volunteer shall submit a written request for reimbursement, accompanied by original receipts or other reasonable documentary evidence of the expense, within [number] days following the date on which the expense was incurred, in accordance with such reimbursement procedures as the Organization may establish from time to time.
The Organization shall have no obligation to reimburse any expense that has not been pre-approved in writing, that is not supported by adequate documentation, that is unreasonable in nature or amount, or that was not necessarily incurred for the direct performance of the Volunteer Services.
Reimbursements shall be made within a reasonable period following the Organization's approval of a properly submitted reimbursement request, and shall not, under any circumstances, be construed as wages, salary, or other compensation for the Volunteer Services.
The Volunteer shall not incur any expense on behalf of the Organization, nor make any commitment or representation that any such expense will be reimbursed, without the prior written authorization of the Organization.
Training and Supervision
The Organization shall provide the Volunteer with such orientation, training, and informational materials as the Organization, in its reasonable discretion, deems appropriate to enable the Volunteer to perform the Volunteer Services safely, effectively, and in accordance with the Policies.
The Volunteer shall attend and participate in all training sessions, meetings, briefings, and orientations reasonably required by the Organization, and shall diligently apply the knowledge, skills, and procedures imparted therein in the performance of the Volunteer Services.
The Organization shall designate a supervisor, coordinator, or other point of contact to whom the Volunteer may direct questions, concerns, and reports in connection with the Volunteer Services, and the Volunteer shall remain subject to the reasonable supervision, direction, and oversight of such designated person at all times during the performance of the Volunteer Services.
The Volunteer shall promptly report to the designated supervisor any incidents, accidents, injuries, concerns, or departures from the Policies observed or experienced by the Volunteer in the course of the Volunteer Services.
The Organization reserves the right to require the Volunteer to undertake additional or refresher training from time to time as a condition of continued engagement, particularly in connection with changes to the Policies, legal requirements, or the nature of the Volunteer Services.
The Volunteer acknowledges that any training, materials, or resources provided by the Organization are intended solely for use in connection with the Volunteer Services and shall remain the property of the Organization.
Standards of Conduct and Compliance with Policies
The Volunteer shall at all times conduct himself or herself in a professional, respectful, ethical, and courteous manner, and shall act in good faith and in the best interests of the Organization and the individuals and communities served by the Organization.
The Volunteer shall comply with all Policies in effect from time to time, including without limitation policies relating to equal opportunity, anti-harassment, anti-discrimination, workplace conduct, health and safety, information security, data protection, media relations, social media, and conflicts of interest.
The Volunteer shall not engage in any conduct that is unlawful, dishonest, discriminatory, harassing, intimidating, or otherwise harmful to the Organization, its personnel, its beneficiaries, its donors, or the public, nor shall the Volunteer bring the Organization into disrepute by his or her actions or statements.
The Volunteer shall disclose to the Organization any actual, potential, or perceived conflict of interest between the Volunteer's personal interests and the interests of the Organization, promptly upon becoming aware of the same, and shall abide by any instructions issued by the Organization in respect of such conflict.
The Volunteer shall not accept any gift, gratuity, benefit, or other advantage from any third party in connection with the Volunteer Services, except as may be expressly permitted by the Policies.
The Volunteer shall comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of the Volunteer Services, and shall promptly notify the Organization of any charge, arrest, or conviction that may affect his or her suitability to continue serving as a Volunteer.
The Volunteer shall not make any public statement, communication, or representation purporting to represent the views, positions, or policies of the Organization without the prior written authorization of an authorized representative of the Organization.
Health, Safety, and Premises Access
The Organization shall take reasonable steps to provide a safe environment for the performance of the Volunteer Services at the Organization Premises, consistent with applicable health and safety requirements and the Policies.
The Volunteer shall observe and comply with all health, safety, security, and emergency procedures in effect at the Organization Premises, and shall use any equipment, materials, or facilities provided by the Organization only for their intended purposes and in accordance with any instructions provided.
The Volunteer shall promptly report to the Organization any accident, injury, near-miss, unsafe condition, hazard, or security concern that comes to the Volunteer's attention in connection with the Volunteer Services or the Organization Premises.
Access to the Organization Premises is granted solely for the purpose of performing the Volunteer Services, and the Volunteer shall not access any area, system, or property of the Organization for which the Volunteer has not been granted authorization.
The Volunteer shall return any keys, access cards, identification badges, equipment, or other property of the Organization promptly upon request by the Organization, and in any event upon the termination of this Agreement.
The Volunteer shall not bring to the Organization Premises any unauthorized persons, weapons, illegal substances, or other items prohibited by the Policies or by applicable law.
The Volunteer acknowledges that failure to comply with health, safety, or premises access requirements may result in immediate termination of this Agreement, without prejudice to any other remedies available to the Organization.
Insurance and Limitation of Liability
The Organization shall maintain such insurance coverage as it determines, in its sole discretion, to be appropriate in connection with its operations and the engagement of volunteers, which may include general liability insurance applicable to volunteer activities performed on the Organization Premises.
The Volunteer acknowledges that the Organization's insurance coverage, if any, is maintained for the protection of the Organization and may or may not extend to the Volunteer, and the Volunteer is encouraged to maintain such personal insurance (including health, disability, and personal property insurance) as the Volunteer deems appropriate.
To the fullest extent permitted by applicable law, the aggregate liability of the Organization to the Volunteer arising out of or in connection with this Agreement or the Volunteer Services, whether in contract, tort, or otherwise, shall be limited to the amount of pre-approved reimbursable expenses actually owed and unpaid to the Volunteer as of the date on which the claim arises.
In no event shall the Organization be liable to the Volunteer for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of income, loss of opportunity, or loss of goodwill, arising out of or in connection with this Agreement or the Volunteer Services.
The Volunteer assumes all risks inherent in the performance of the Volunteer Services, except to the extent that any injury, loss, or damage results from the gross negligence or willful misconduct of the Organization.
Nothing in this Agreement shall operate to exclude or limit any liability which cannot be excluded or limited under applicable law, including liability for personal injury or death caused by negligence to the extent that such limitation is prohibited by law.
The Volunteer shall promptly notify the Organization in writing of any claim, demand, or proceeding brought against the Volunteer in connection with the Volunteer Services, and shall cooperate reasonably with the Organization in the investigation and defense of any such matter.
Indemnification
The Volunteer shall indemnify, defend, and hold harmless the Organization, its directors, officers, employees, agents, and other volunteers from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from (i) the Volunteer's willful misconduct, gross negligence, or fraud; (ii) the Volunteer's material breach of this Agreement or the Policies; (iii) the Volunteer's violation of any applicable law in connection with the Volunteer Services; or (iv) the Volunteer's infringement of any third-party rights, including intellectual property rights.
To the fullest extent permitted by applicable law, and subject to the limitations set forth in the section entitled "Insurance and Limitation of Liability," the Organization shall indemnify and hold harmless the Volunteer from and against third-party claims brought against the Volunteer arising directly out of the Volunteer's good-faith performance of the Volunteer Services within the scope of this Agreement, excluding any claims arising out of the Volunteer's gross negligence, willful misconduct, breach of this Agreement, or activities undertaken outside the scope of the Volunteer Services.
The indemnified Party shall promptly notify the indemnifying Party in writing of any claim for which indemnification is sought, and shall provide reasonable cooperation in the defense and settlement of such claim, at the indemnifying Party's expense.
The indemnifying Party shall have the right to control the defense and settlement of any such claim, provided that no settlement shall be entered into that imposes any non-monetary obligation or admission of liability on the indemnified Party without the indemnified Party's prior written consent, such consent not to be unreasonably withheld.
The indemnification obligations set forth in this section shall survive the termination or expiration of this Agreement for any reason.
The indemnification rights set forth herein shall be in addition to, and not in lieu of, any other rights or remedies available to the Parties at law or in equity.
Confidentiality and Non-Disclosure
The Volunteer acknowledges that, in the course of performing the Volunteer Services, the Volunteer may receive, be exposed to, or have access to Confidential Information belonging to the Organization or to third parties with whom the Organization has dealings.
The Volunteer shall, both during the term of this Agreement and at all times thereafter, hold all Confidential Information in strictest confidence, shall not disclose, publish, or disseminate any Confidential Information to any third party, and shall not use any Confidential Information for any purpose other than the performance of the Volunteer Services.
The Volunteer shall take all reasonable precautions to safeguard Confidential Information from unauthorized access, use, or disclosure, and shall comply with any additional confidentiality or information security measures prescribed by the Organization from time to time.
The obligations of confidentiality set forth herein shall not apply to information that (i) is or becomes publicly available through no fault of the Volunteer; (ii) was lawfully in the Volunteer's possession, without any obligation of confidentiality, prior to receipt from the Organization; (iii) is lawfully disclosed to the Volunteer by a third party not under any obligation of confidentiality; or (iv) is required to be disclosed by law or valid order of a court or governmental authority, provided that the Volunteer gives the Organization prompt written notice of such requirement where legally permissible.
Upon termination of this Agreement, or at any earlier time upon request by the Organization, the Volunteer shall promptly return or, at the Organization's option, destroy all materials, documents, media, and copies thereof containing Confidential Information, and shall certify in writing to the Organization that the Volunteer has complied with this obligation.
The Volunteer acknowledges that any unauthorized use or disclosure of Confidential Information may cause irreparable harm to the Organization for which monetary damages would be inadequate, and that the Organization shall be entitled to seek injunctive and other equitable relief, in addition to any other remedies available at law.
The obligations set forth in this section shall survive the termination or expiration of this Agreement indefinitely.
Intellectual Property Rights
The Volunteer hereby agrees that all works of authorship, inventions, discoveries, improvements, designs, methodologies, software, materials, content, and other intellectual property conceived, developed, created, or reduced to practice by the Volunteer, alone or with others, in the course of or in connection with the Volunteer Services (collectively, "Work Product") shall be the sole and exclusive property of the Organization.
To the fullest extent permitted by law, all Work Product shall be deemed "work made for hire" (or the equivalent concept under applicable law) for the benefit of the Organization. To the extent that any Work Product does not qualify as a work made for hire, the Volunteer hereby irrevocably assigns, transfers, and conveys to the Organization, without further consideration, all right, title, and interest, worldwide, in and to such Work Product, including all intellectual property rights therein.
The Volunteer hereby waives, to the fullest extent permitted by applicable law, any and all moral rights, rights of attribution, and rights of integrity in and to the Work Product, and agrees not to assert any such rights against the Organization or its licensees, successors, or assigns.
The Volunteer shall, at the Organization's request and expense, execute such further documents and take such further actions as the Organization may reasonably require to perfect, protect, enforce, or register the Organization's rights in the Work Product, including the execution of assignments and applications for intellectual property registrations.
The Volunteer represents and warrants that any Work Product delivered to the Organization shall be the Volunteer's original work (except for materials provided by the Organization or lawfully licensed from third parties), and shall not infringe the intellectual property rights of any third party.
The Volunteer shall not incorporate any pre-existing materials owned by the Volunteer or by any third party into any Work Product without the prior written consent of the Organization. In the event any such pre-existing materials are so incorporated, the Volunteer hereby grants to the Organization a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, distribute, and otherwise exploit such materials in connection with the Work Product.
The provisions of this section shall survive the termination or expiration of this Agreement.
Data Protection and Privacy
The Volunteer acknowledges that, in the course of the Volunteer Services, the Volunteer may have access to personal data relating to the Organization's personnel, volunteers, donors, beneficiaries, and other third parties, and that such personal data must be handled with the utmost care and in strict compliance with applicable data protection laws.
The Volunteer shall process any personal data only as necessary for the performance of the Volunteer Services, strictly in accordance with the Organization's instructions and Policies, and shall not disclose, transfer, or use any such personal data for any other purpose.
The Volunteer shall implement and observe such technical and organizational measures as the Organization may prescribe to safeguard personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
The Volunteer shall promptly notify the Organization of any actual or suspected breach of personal data security, unauthorized access, loss, or disclosure of personal data of which the Volunteer becomes aware, and shall cooperate fully with the Organization in investigating and remediating any such incident.
Upon termination of this Agreement, or at any earlier time upon request, the Volunteer shall promptly return or securely destroy all personal data in the Volunteer's possession or control, and shall confirm such return or destruction in writing to the Organization.
The Organization shall process any personal data of the Volunteer only in accordance with its privacy policy and applicable data protection laws, and solely for purposes related to the administration of this Agreement and the Volunteer's engagement.
The obligations set forth in this section shall survive the termination or expiration of this Agreement.
Termination of Volunteer Service
Either Party may terminate this Agreement at any time, for any reason or no reason, by providing the other Party with written notice of termination of not less than [number] days (the "Notice Period").
Notwithstanding the foregoing, the Organization may terminate this Agreement with immediate effect, without observance of the Notice Period, in the event of (i) a material breach by the Volunteer of this Agreement or the Policies; (ii) any conduct by the Volunteer that, in the Organization's reasonable judgment, poses a risk to the health, safety, welfare, or reputation of the Organization, its personnel, beneficiaries, or others; (iii) the Volunteer's dishonesty, fraud, theft, harassment, discrimination, or other serious misconduct; or (iv) the Volunteer's violation of applicable law in connection with the Volunteer Services.
The Volunteer may likewise terminate this Agreement with immediate effect in the event of circumstances that, in the Volunteer's reasonable judgment, render continued performance of the Volunteer Services untenable, including serious health or safety concerns.
Upon termination of this Agreement for any reason, the Volunteer shall (i) promptly cease performing the Volunteer Services; (ii) return to the Organization all property, equipment, materials, documents, Confidential Information, keys, access cards, and identification badges in the Volunteer's possession or control; and (iii) cooperate reasonably with the Organization in the orderly transition and handover of any pending matters.
The Organization shall reimburse the Volunteer for any pre-approved expenses properly incurred and documented in accordance with this Agreement up to the effective date of termination.
Termination of this Agreement shall not relieve either Party of any obligations that have accrued prior to the effective date of termination, nor of any obligations that are expressly stated herein to survive termination, including those relating to confidentiality, intellectual property, indemnification, and limitation of liability.
Neither Party shall be entitled to any compensation, damages, severance, or other payment by reason of the termination of this Agreement in accordance with its terms.
Governing Law and Dispute Resolution
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of [State], United States of America, without regard to its conflict of laws principles.
The Parties shall use good-faith efforts to resolve amicably any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, through direct negotiation between appropriate representatives of the Parties.
In the event that any such dispute is not resolved through good-faith negotiation within [number] days following written notice of the dispute by one Party to the other, the Parties shall consider in good faith submitting the dispute to non-binding mediation administered by a mutually agreed mediator in [City, State], with the costs of mediation to be shared equally between the Parties.
If the dispute is not resolved through negotiation or mediation, the Parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in [County, State] for the resolution of any such dispute, and each Party waives any objection based on inconvenient forum or lack of personal jurisdiction.
Each Party hereby irrevocably waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding arising out of or relating to this Agreement.
In any action or proceeding to enforce rights under this Agreement, the prevailing Party shall be entitled to recover its reasonable costs and attorneys' fees from the non-prevailing Party, in addition to any other relief awarded.
Notwithstanding the foregoing, either Party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its confidential information, intellectual property, or other rights that cannot adequately be protected through monetary damages.
Miscellaneous Provisions
This Agreement, together with any Policies incorporated herein by reference, constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.
No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties. No waiver by either Party of any breach or default shall be deemed a waiver of any subsequent breach or default.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to render it valid, legal, and enforceable, and the remaining provisions of this Agreement shall continue in full force and effect.
The Volunteer shall not assign, delegate, or transfer any of his or her rights or obligations under this Agreement, in whole or in part, without the prior written consent of the Organization. The Organization may freely assign this Agreement to any successor in interest or affiliated entity.
All notices, consents, and other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given when delivered personally, sent by nationally recognized overnight courier, sent by certified mail (return receipt requested), or transmitted by email with confirmation of receipt, to the respective addresses of the Parties as set forth in this Agreement or as subsequently notified in writing.
Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement (other than payment obligations) to the extent such failure or delay is caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, acts of government, war, terrorism, or civil disturbance.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted by facsimile, electronic mail (including PDF), or electronic signature platform shall be deemed to have the same force and effect as original signatures.
The provisions of this Agreement that by their nature are intended to survive termination or expiration shall so survive, including without limitation the provisions relating to confidentiality, intellectual property, data protection, indemnification, limitation of liability, and governing law.
IN WITNESS WHEREOF, the Parties hereto have caused this Volunteer Agreement to be executed as of the Effective Date first written above.
THE ORGANIZATION:
[Nonprofit Organization Legal Name]
By: ____________________________
Name: [Authorized Signatory Name]
Title: [Title]
Date: ____________________________
Address: [Organization Address]
Email: [Organization Email]
Telephone: [Organization Telephone]
THE VOLUNTEER:
By: ____________________________
Name: [Volunteer Full Legal Name]
Date: ____________________________
Address: [Volunteer Address]
Email: [Volunteer Email]
Telephone: [Volunteer Telephone]
Emergency Contact Name: [Emergency Contact Name]
Emergency Contact Telephone: [Emergency Contact Telephone]