Digital Signature VOLUNTEER AGREEMENT and WAIVER AND RELEASE OF LIABILITY
This Volunteer AGREEMENT and WAIVER AND RELEASE OF LIABILITY (this “Agreement”) is made as of this ____ day of ___________, 20___, by and between ___________________ (“Volunteer”) and SEMPER FIT INCORPORATED DBA SEMPER FIDELIS HEALTH & WELLNESS, a Maryland non profit corporation (“Company,” and together with Volunteer, the “Parties”).
In consideration for allowing Volunteer to participate as a volunteer and perform the services received by Company, and such other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties acknowledge and agree to the following.
TERMS AND CONDITIONS
1. Duties & No Compensation
The services of Volunteers are provided without any express or implied promises of salary, payment, employment-type benefits, or other compensation of any kind whatsoever. If the services provided by Volunteer require travel, Volunteer agrees that any costs or expenses related to travel shall be borne by Volunteer unless previously approved in writing by Company in Company’s sole discretion. In the event that SFHW moves to vote the Volunteer to a compensated position, a separate document will be crafted and voted on by the board.
The Volunteer’s duties may be reasonably modified as mutually agreed upon by the Company and the Volunteer.
2. No Agency. Unless specifically set forth in writing, Volunteer shall have no authority, express or implied, to act on behalf of Company in any capacity whatsoever as an agent.
3. Confidentiality of Proprietary Information.
(a) Any and all Proprietary Information (defined herein) that Volunteer may obtain from Company belongs to Company and Volunteer shall surrender such Proprietary Information upon request to Company. Volunteer agrees not to reveal any Proprietary Information (defined herein) to any person, firm, corporation, or other entity. “Proprietary Information” means (i) all data, materials, trade secrets, knowledge, and information generated through, originating from, or having to do with Company or persons associated with our activities, including contractors; (ii) all pages, forms, information, designs, documents, printed matter, policies and procedures, contacts, e mail or address lists; and (iii) any information of, or relating to, our staff, clients, operations and activities, in each case no matter how such information is maintained and stored, including, but not limited to hardcopy, photocopy, microform, automated and/or electronic form.
(b) Should Volunteer reveal or threaten to reveal any Proprietary Information, Company shall be entitled to an immediate injunction restraining Volunteer from disclosure, or from rendering any services to any entity to whom such Proprietary Information has been or is threatened to be disclosed; provided, however, that such right to secure an injunction is not an exclusive remedy, and Company may pursue any other remedies it has against Volunteer in law or equity for a breach or threatened breach of the provisions of this Section, including the recovery of damages, actual, consequential, or otherwise, from Volunteer.
4. Code of Conduct; Professionalism. Volunteer understands that Company, as a non-profit organization, relies upon public support and respect that results not only from Company’s mission but also from the high degree of integrity, objectivity and professionalism of Company’s representatives, and while volunteering for Company, Volunteer is seen as a representative of Company. As such, Volunteer agrees to abide by Company’s “Code of Conduct,” which includes (but is not limited to the following):
• Volunteer shall adhere to, practice, and promote the dissemination of Company’s mission statement and values.
• Volunteer shall take direction from supervisors, be familiar with Company’s policies and procedures, and fully comply with both the letter and the spirit of such policies and procedures.
• The conduct of Volunteer shall at all times be professional. In this regard, Company will not tolerate violence and/or any kind of abusive behavior, including harassment, sexual and otherwise, from an employee or volunteer toward any other individual, whether another volunteer, an employee, or a client.
• Volunteer shall not speak on behalf of the organization unless such duties are specifically indicated in the description of duties or with written authorization from an authorized representative of Company.
• Volunteer shall not use Company’s computer network, Internet, telephones, photocopiers, software, etc. unless specifically indicated in the description of duties or with written authorization from an authorized representative of Company.
5. Assumption of Risk; Release.
(a) Volunteer agrees to assume all risks involved in any and all duties performed for Company and full responsibility for the safety, health, and well-being of Volunteer while performing the services.
(b) As consideration for being permitted to perform the services described herein, Volunteer hereby releases Company, its officers, directors, agents, employees, representatives, and contractors, or any of their affiliated organizations (individually or collectively, the “Releasees”), and agrees that none of Volunteer nor Volunteer’s assignees, heirs, distributees, guardians, and legal representatives (individually or collectively, the “Volunteer Parties”) will make a claim against, sue or attach the property or make any other demand on Releasees for injury or damage, how so ever caused, by any Releasee arising from or in connection with Volunteer’s services for Company. Volunteer hereby releases the Releasees from all actions, claims, or demands that Volunteer Parties now have or may hereafter have for injury or damage resulting from Volunteer’s services for or on behalf of Company.
(c) In the event of an accident or costs, expenses, or any damages whatsoever, Volunteer Parties shall not seek compensation in any way or seek any legal redress claim or action, causes of action or costs from Company, its agents, representatives, board members, officers, or employees or individually or be entitled to any attorney’s fees that may accrue from any claim arising out of any accident from this date of this Agreement forward.
(d) Volunteer shall assume all risk of loss, theft, or damage to any of personal property, equipment, or supplies arising from or connected with services performed for Company. Volunteer shall reimburse Company for any loss, theft, or damage to any of Company’s property, equipment, or supplies arising from or in any way connected with services Volunteer performs for Company.
6. Termination; Survival.
(a) Both the Company and the Volunteer reserve the right, at their sole discretion, to discontinue the volunteer program or the Volunteer’s duties at any time (without prior notice) and for any reason whatsoever. Upon this discontinuance, this Agreement shall immediately terminate.
(b) The provisions of Section 3, 5, and 7(b) shall survive the termination of this Agreement.
(a) Volunteer, therefore, agrees to allow Company to use any photographs taken of Volunteer for use in public relations efforts. Company will use reasonable efforts to notify Volunteer but such notification is not a condition of any photographs release for public relations purposes.
(b) Volunteer shall upon reasonable notice, furnish such information and proper assistance to Company as it may reasonably require in connection with any litigation in which it is, or may become, a party.
(c) This Agreement supersedes any prior agreement between Company or any predecessor of Company and Volunteer. The terms of this Agreement may only be modified or changed by a written amendment signed by the Parties. Volunteer shall not assign or transfer this Agreement without the prior written consent of Company.
(d) Any waiver by Company of any of the terms and conditions contained herein shall be in writing and shall not constitute a continuing waiver of said terms and conditions nor a waiver of further breach by Volunteer.
(e) This Agreement shall be governed by and construed under the laws of the United States of America and the state of residence and practice. Volunteer consents to be sued in any court in the State of Maryland having jurisdiction in any action to enforce the provisions of this Agreement.
(f) If any portion of this Agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND AN ASSUMPTION OF CERTAIN RISKS AND I SIGN THIS OF MY OWN FREE WILL.
Authorized Digital Signature: Fill out the Digital Signature VOLUNTEER AND RELEASE OF LIABILITY form.
ACKNOWLEDGED AND ACCEPTED,
SEMPER FIT INCORPORATED
DBA SEMPER FIDELIS HEALTH & WELLNESS
Title: President & Executive Director
Address: 841 East Fort Avenue Suite #180
Baltimore, MD 21230