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Volunteer Service Agreement

Please read and agree to the Volunteer Service Agreement
As a volunteer for Lava Mae, a California nonprofit public benefit corporation, (“Lava Mae”), I understand and agree to the following:

I agree to perform volunteer services at Lava Mae as more fully described in the attached Description of Volunteer Activity. My supervisor for the duration of my volunteer activity will be Colton Coty, Mobile Services Coordinator.

I agree to volunteer and donate my services, without expectation of payment, benefits, or other privileges of employment of any kind, to Lava Mae. I am volunteering my services for public service and humanitarian objectives, which I agree constitutes good and valuable consideration. I understand that I am not, an employee, agent, or representative of Lava Mae for any purpose and I will not speak on behalf of Lava Mae or represent Lava Mae to third parties unless authorized to do so. I understand and agree that either I or Lava Mae may elect to terminate my volunteer services at any time for any reason.

Before beginning my volunteer work, I understand that I will be asked to certify my review and acceptance of Lava Mae’s Release and Waiver of Liability, Workplace Harassment Prevention and Reporting, Media Release Policy, and Confidential Information – Protection and Use. I understand that I will be bound by such policies and procedures. My supervisor for the duration of my volunteer activity will be responsible for advising me as to which Lava Mae policies and procedures specifically apply to my volunteer work.

With regard to my presence on Lava Mae property or the location at which the event is held (if different than Lava Mae property) and the volunteer services I will be providing, I recognize and acknowledge that there are certain risks of physical injury, and I agree to assume the full risk of any bodily injuries, property damage, or loss, which I may sustain as a result of participating in any and all activities connected with or associated with my volunteering for Lava Mae. I agree to sign the attached form entitled “Release and Waiver of Responsibility” form.

In the event of an emergency, I authorize Lava Mae officials to secure from a licensed hospital, physician and/or medical personnel any treatment deemed necessary for my immediate care, and I agree that I will be responsible for payment of all such medical services rendered.

I understand that Lava Mae will retain the ownership of all intellectual property that I produce within the scope of my volunteer work and will reserve sole discretion to publish any intellectual product.

I understand that Lava Mae will not reimburse for any expense without proper and adequate documentation and receipts and express prior approval, in writing, by my supervisor. Such expenses must be reasonable in amount, related to and in furtherance of my volunteer work.

This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the state in which I am located for purposes of this assignment.

I certify that I have the ability and legal right to volunteer in the United States of America for the duration of this volunteer assignment without any restriction, and that I have chosen to accept this assignment on a completely volunteer basis. I have read and fully understand and agree with the terms of this Volunteer Agreement. I also understand that no changes shall be made to this document unless they are in writing and signed both by an authorized representative of Lava Mae and by me.

DESCRIPTION OF VOLUNTEER OPPORTUNITY

In administering the Fair Labor Standards Act, the U.S. Department of Labor follows the Supreme Court’s guidance in the case of individuals serving as unpaid volunteers in various community services. Individuals who volunteer or donate their time for public service, religious or humanitarian objectives are not considered employees.

Volunteer responsibilities at Lava Mae’s mobile hygiene units may include:

  • Greet and escort community members from our Partner Site to the Lava Mae bus/ Trailer

  • Help community members sign digital liability waiver, review community guidelines and tour the facilities

  • Light cleaning between uses, deep cleaning at the end of the day, maintain sidewalk area around trailer

  • Assist Lava Mae Staff with other inventory/ administration/ organizing/ cleaning tasks as needs arise.

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Release and Waiver of Responsibility

Please read and agree to the Release and Waiver of Responsibility
Liability Release and Waiver:

I have volunteered to assist Lava Mae, a California nonprofit public benefit corporation (“Lava Mae”).

I have volunteered my time and services because of my support for Lava Mae and my desire to participate actively in the furtherance of its work. For good and valuable consideration and in consideration of my participation in activities that can be dangerous, including, but not limited to: accidental injury from working in and around motorized vehicles used in the activities, altercations with or assault by intoxicated and/or mentally ill individuals, being injured or sickened from exposure to cleaning and disinfecting products which may contain chemicals known to be harmful, or from transmittal of viruses, bacteria or pests (like lice, bed bugs) which may remain on surfaces and/or items with which clients have come into contact, and emotional distress from seeing clients in poor conditions. I release Lava Mae, its present and former members, agents, employees, officers, directors, shareholders, affiliates, parent corporations, subsidiaries, representatives, attorneys, successors in interest, predecessors in interest, and assigns (collectively, “Lava Mae” or the “Releasees”) for any and all claims for personal injury, property damage, or wrongful death arising out of or relating to any of my activities. Because the assertion of claims against Lava Mae for personal injury occurring during my volunteer service would be antithetical to my support of Lava Mae and its goals and would reduce the ability of Lava Mae to accomplish its charitable purposes, I grant this release.

This Release and Waiver of Responsibility (“Release”) applies to any and all manner of actions and causes of actions, suits, debts, obligations, actions, contracts, covenants, warranties, claims, sums of money, judgments, demands, damages, and rights whatsoever in law or in equity, which have or may accrue in favor of myself against any one or more of the Releases, by reason of any facts or circumstances, known or unknown, suspected or unsuspected, or which may hereafter arise as a result of the discovery of new and/or additional facts, including, without limitation, those arising out of, on account of, based upon, or in any way relating to my activities. I expressly waive any and all benefits that would otherwise be available under any statute, legal decision, or common law principle with respect to unknown or suspected claims.

I shall defend, indemnify, and hold Releasees harmless from any and all claims of any person or entity to the extent that such claims arise from or relate to my activities.

Media Release and Waiver:

I understand that the event at which I am volunteering will be videotaped, recorded and/or photographed for the purpose of being used and distributed in various formats by Lava Mae for educational, public awareness and/or humanitarian objectives, including, but not limited to, classroom, television, Internet (including webcasts, content postings, and podcasts), and any other communication medium currently existing or later created.

I give my permission and authorize Lava Mae to videotape, audiotape, photograph, record, edit, or otherwise reproduce my image, and to use it in the formats and for the purposes stated above. Lava Mae retains the right not to use any footage captured for other than archival purposes.

I agree to indemnify and hold harmless Lava Mae, their employees, representatives against any and all claims arising out of my volunteer services, including, but not limited to, claims of intellectual property infringement, defamation, and misrepresentation.

I warrant and represent that I have carefully read this Release and any instructions provided by Lava Mae concerning Volunteer Activities.

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Confidential Information - Protection and Use Policy

Please read and agree to the Confidential Information - Protection and Use Policy
POLICY:

Employees and volunteers will not divulge any confidential information to anyone, within or outside Lava Mae, not authorized to receive such information. Confidential information is knowledge, records or data, in any form (written, electronic, or oral), which Lava Mae has a legitimate interest in protecting from unauthorized disclosure. Examples include contents of project files; strategic plans; terms and conditions of contracts completed or under negotiation; donor information such as donor names, appraisals and giving histories; employee salaries; contents of official personnel files; and sensitive data.

PURPOSE:

To respect and assure the privacy of Lava Mae employees, its donors, its partners, and its business associates.
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Anti-Discrimination and Harassment Policy

Please read and agree to the Anti-Discrimination and Harassment Policy
Lava Mae is committed to establishing and maintaining a work environment that fosters harmonious, productive working relationships and encourages mutual respect among colleagues.

Lava Mae expressly prohibits any form of unlawful harassment based on race, color, creed, religion, national origin, ancestry, citizenship, sex, gender identity and expression, sexual orientation, age, marital or partnership status, disability, military or veteran status, genetic information, predisposition or carrier status, or status as a victim of domestic violence, sexual offense or any other class or status protected by law. Harassment may include slurs, epithets, threats, derogatory comments and unwelcome jokes, pranks, teasing, as well as physical conduct such as assault. Harassment is unlawful whether it involves co-worker harassment, harassment by a manager, or harassment by persons doing business with or for Lava Mae.

Sexual Harassment

Sexual harassment is a form of misconduct that is demeaning to another person, undermines the integrity of the employment relationship, and is strictly prohibited.

Federal, state, and local law forbid sexual harassment of an individual in employment. The Equal Employment Opportunity Commission defines sexual harassment as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission of such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose and effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

Sexual harassment may include explicit sexual propositions, suggestive or persistent comments of a sexual nature, the display of obscene or sexually-oriented material, sexually oriented kidding or teasing, or jokes about gender-specific traits, foul or obscene language or gestures, and physical contact such as patting, pinching, or brushing against another’s body, and any similar behavior which is unwelcome or offensive.

Resolving & Reporting Violations

Individuals who have encountered harassing behavior are encouraged to clearly and directly advise offenders that their behavior is unwelcome, and request that the behavior stop. This action alone may in some cases resolve the problem. If an individual does not feel comfortable approaching the offender, or if the behavior continues, the individual is encouraged to discuss the harassment, discrimination or retaliation with their volunteer manager or supervisor or, if this is not appropriate, with Lava Mae Human Resources. Any manager or supervisor who becomes aware of possible unlawful behavior must immediately advise Human Resources so that the issue can be investigated in a timely manner.

Individuals should contact Lava Mae directly when reporting violations, one should provide as complete a description as possible of the facts surrounding the incident(s) forming the basis for the complaint so that an appropriate investigation can be conducted.

Lava Mae strongly urges the prompt reporting of complaints or concerns so that appropriate action can be taken as quickly as possible. Lava Mae will investigate all complaints promptly and will maintain confidentiality throughout the process to the extent practicable and appropriate under the circumstances.

Retaliation

Retaliation against an individual for reporting discrimination or harassment or for providing information relevant to a claim of discrimination or harassment is strictly prohibited and will be treated with the same strict discipline as would discrimination or harassment itself. Individuals should immediately report acts of retaliation in accordance with the reporting procedures described above. These reports will be investigated promptly.

Contacting Lava Mae

As is noted above, Lava Mae employs a human resources specialist who manages employee relations. Please report any violations to the following individual:

Chief Operating Officer
Rich Watson
rich@lavamae.org
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