VOLUNTEER AGREEMENT AND RELEASE
THIS VOLUNTEER AGREEMENT (“Agreement”) is effective as of the date the Volunteer confirms the terms and conditions of this Agreement by and between TurnOut Inc., a nonprofit corporation organized and existing under the laws of the state of California, its directors, officers, employees, agents, successors and assigns (collectively, “TurnOut”) and the volunteer, an individual (“Volunteer”). This Agreement shall last until it is terminated by either party, as defined in Section 4 below.
A. TurnOut is a nonprofit corporation whose mission is to maximize the impact of volunteerism to strengthen LGBTQ+ communities. This includes building a network of volunteers for LGBTQ+ causes, connecting volunteers with their interests, and providing educational opportunities for others to learn about the most pressing issues facing the LGBTQ+ communities.
B. Volunteer desires to engage in work, services and other activities with TurnOut on a voluntary, unpaid basis (“Volunteer Work”), and TurnOut is willing to accept Volunteer as a volunteer on the terms and conditions set forth in this Agreement.
In consideration of the Recitals, the mutual promises set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by both parties, TurnOut and Volunteer, intending to bind themselves and their respective heirs, administrators, executors, successors and assigns, agree as follows:
1. Volunteer’s Participation.
Volunteer will perform Volunteer Work on an intermittent schedule determined by mutual agreement of TurnOut and Volunteer. Volunteer Work may include a broad range of activities including, but not limited to, assisting other organizations and companies associated with TurnOut at events with various tasks, such as administrative support, accounting, marketing, social media, maintenance projects.
In performing Volunteer Work, Volunteer will interact with and take direction from the current person designated at the Volunteer’s site (the “Coordinator”). Volunteer agrees that Volunteer is not an employee or agent of TurnOut and is not entitled to any compensation or benefits from TurnOut.
2. Conduct of Volunteer.
Volunteer will perform all of the Volunteer Work in a manner that will serve to enhance and support the goals and mission of TurnOut as communicated or published by TurnOut. Volunteer agrees to adhere to TurnOut’s community agreement for volunteer conduct. This includes respecting the names and pronouns used by others, showing up on time, being flexible, having a positive attitude, engaging in teamwork, and remaining sober for the duration of Volunteer’s shift. TurnOut strives to ensure an environment that is safe and enjoyable for all volunteers and thus explicit consent be requested and given before touching another person or their property. Please be aware that unwelcome sexual and/or romantic advances are taken very seriously and could be used as grounds to remove Volunteer from the TurnOut community. If something makes Volunteer uncomfortable, please make this known to Volunteer’s volunteer coordinator as soon as possible so that they may provide appropriate support. Volunteer agrees to abide by all applicable federal, state, and local laws and regulations. Volunteer agrees to comply with directions given by the Coordinator. Volunteer shall provide Volunteer Work in a professional manner consistent with the highest standards of ethical and moral conduct. Volunteer acknowledges that Volunteer has provided information to TurnOut regarding Volunteer’s background, experience and/or skills. Volunteer hereby warrants and represents that all such information provided by Volunteer to TurnOut is true and accurate. Volunteer shall be responsible for any and all problems, costs, damages, claims and liabilities that occur as a result of Volunteer providing incomplete or inaccurate information.
3. TurnOut’s Coordination.
TurnOut’s goals will be made clear in the community agreement for volunteer conduct. TurnOut’s goals will also be provided to Volunteer at various times during Volunteer’s term. TurnOut will make every effort to make the best use of Volunteer’s time and skills. TurnOut will provide on-going support and direction to Volunteer, as appropriate.
4. Termination of Agreement.
Either TurnOut or Volunteer may terminate this Agreement, in whole or in part, at any time with or without cause by giving written notice of termination to the other party. Volunteer does not have a formal work appointment for these particular services. Notwithstanding the foregoing, the obligations of the parties under Sections 5, 6, 9 and 10 shall remain in full force and effect and shall survive the termination of this Agreement.
5. Assumption of Risk.
Volunteer understands that the Volunteer Work may involve inherently dangerous risks, including, but not limited to, physical or psychological injury, property loss, illness, pain, suffering, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, or even death. Volunteer understands that these injuries or outcomes may arise from Volunteer’s own or other’s actions, inaction, carelessness, or negligence; conditions related to travel; or conditions related to the specific event that Volunteer is assisting with, including, but not limited to, security concerns, the premises, invited or uninvited persons, the public, and weather. Volunteer understands the types of programs that Volunteer will be engaged in and Volunteer is not aware of any physical, emotional, or mental condition or limitation that would prevent or impair Volunteer from participating. Volunteer hereby expressly and specifically assumes the risk of damage, injury, harm or death in connection with the Volunteer Work.
Volunteer for and on behalf of themselves and the heirs, successors, beneficiaries and assigns of Volunteer, covenants not to sue and does hereby release, forever discharge and hold harmless TurnOut and any person who is the recipient of Volunteer Work, and their respective officers, directors, staff, employees, agents, volunteers, sponsors, heirs, administrators, successors and assigns (the “Released Parties”), from any and all liability, claims, demands and causes of action of whatever kind or nature, either in law or in equity arising out of or relating to (i) Volunteer’s performance or non-performance of this Agreement, (ii) breach of any of Volunteer’s warranties and representations set forth in this Agreement, (iii) Volunteer’s involvement in TurnOut’s projects, including but not limited to the Volunteer Work and (iv) first aid or medical treatment provided to Volunteer in connection with Volunteer Work. Without limiting the generality of the foregoing, Volunteer understands and acknowledges that the foregoing covenant not to sue, release, discharge and hold harmless discharges the Released Parties from any liability or claim that Volunteer may have against a Released Party for bodily injury or property damage, regardless of whether such injury or damage is caused in part by the act or omission of a Released Party. Notwithstanding the foregoing, nothing in this Agreement shall be interpreted as requiring Volunteer to indemnify, defend or hold harmless a Released Party from any liability, claims, demands or causes of action caused solely by that Released Party’s negligence or willful misconduct. Volunteer agrees that the release, discharge and hold harmless set forth in this Agreement are intended to be as broad and inclusive as permitted by law.
TurnOut and the other Released Parties do not assume any responsibility for or obligation to provide or maintain liability, health, medical or disability insurance coverage for Volunteer for injury, illness, death, disability or property damage suffered by Volunteer or third parties.
8. Medical Treatment.
Volunteer hereby authorizes each employee and staff member of TurnOut: (1) to act on Volunteer’s behalf in providing first aid and securing medical treatment for Volunteer in the event of injury or illness to Volunteer; and (2) to act on Volunteer’s behalf in accepting financial responsibility (which shall be borne solely by Volunteer) for all first aid and treatment secured for Volunteer. Volunteer understands and agrees that any expense will be Volunteer’s responsibility.
9. Photographs and other Media.
Volunteer agrees to allow themselves to be photographed or recorded in other media, such as video or audio recordings, in connection with Volunteer Work or other activities or events of TurnOut. Volunteer understands and agrees that the photographs and/or other media recordings may be used to promote TurnOut, its services and events. Volunteer hereby irrevocably grants and conveys unto TurnOut all right, title and interest in any and all photographic images and other media recordings taken during Volunteer Work or other activities and events of TurnOut, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or other media recordings. Volunteer understands and agrees that Volunteer is waiving all rights to privacy and ownership regarding the use of such photographs and other media recordings.
This Agreement shall be governed by and interpreted under the laws of the State of California without giving effect to its conflict of laws rules. If any clause or provision of this Agreement shall be held to be invalid by any court, the invalidity of such clause or provision shall not otherwise affect the remaining clauses or provisions of this Agreement, which shall continue to be enforceable. The sole and exclusive jurisdiction and venue for litigation between Volunteer and TurnOut shall be the Superior Court of the State of California, Alameda County, California. This Agreement shall be interpreted solely under the laws of the State of California.
Volunteer is aware of the terms and conditions of this agreement and is signing this agreement on Volunteer’s own free will. Volunteer acknowledges having had an opportunity to read this Agreement in full and an opportunity to ask any questions regarding its contents.
FOR IN-PERSON COVID-19 VOLUNTEERS ONLY
RELEASE, WAIVER, AND ASSUMPTION OF RISK
I wish to volunteer for TurnOut, a nonprofit corporation that exists under the laws of California (“TurnOut”), to assist the Bay Area community during the COVID-19 crisis.
As a condition for this opportunity to volunteer and to benefit from TurnOut’s resources, volunteer (and parent or legal guardian of volunteer) agrees to this contract.
I understand that volunteering at this time subjects me to dangerous risks, including, but not limited to, coming in contact with persons who may have COVID-19 (also known as the corona virus) and/or contracting COVID-19. I understand that volunteer (and parents) share(s) the responsibility for volunteer’s safety, for managing risks, and for determining volunteer’s suitability for the program in which I will participate. I understand and acknowledge that it is impossible to anticipate every activity in which I (or my child) will engage. I understand that these and other activities I participate in with the TurnOut pose known and unknown risks and may cause injury, permanent disability or death. I agree to assume these risks.
I represent that I am fully capable of participating in this activity, without causing harm to others or myself. Therefore, I, and my parent(s) or guardian, if I am a minor, assume and accept full responsibility for me and for injury, death and loss of personal property and expenses suffered by me and them as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
I represent that I do not currently exhibit, and have not exhibited at any point in the last 48 hours, any of the symptoms of COVID-19, which, pursuant to CDC guidelines, include (but may not be limited to), fever, cough, or shortness of breath. I agree that if I begin to develop any of these symptoms, I will immediately let TurnOut know and will immediately cease all volunteer work.
TurnOut is not responsible for providing medical treatment for me, but if it does provide any, I release the TurnOut from any claim arising from that treatment. I (and my parent or legal guardian on my behalf) authorize the TurnOut to obtain or provide emergency hospitalization, surgical or other medical care for me as provided in the consent for medical care provided below. I am responsible for my own insurance coverage, and I have no right to expect that the TurnOut will provide insurance for me.
I agree that I will accept and abide by all of the TurnOut's rules and regulations and that violating these rules and regulations could place myself in danger of injury or death
I agree that this agreement is intended to be as broad and inclusive as permitted by the laws of California and that this agreement will be governed by the laws of that state. If any portion of this agreement is held invalid, a court should revise it to make it enforceable.
I understand that this is the entire agreement between the TurnOut and me, and that the agreement cannot be modified or changed in any way by any other representation or statement.
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS DOCUMENT. IN SIGNING THIS DOCUMENT, I FULLY RECOGNIZE THAT IF I BECOME SICK WHILE I VOLUNTEER WITH TURNOUT, I WILL HAVE NO RIGHT TO MAKE A CLAIM, FILE A LAWSUIT, OR COLLECT DAMAGES AGAINST TURNOUT OR ITS AFFILIATES, EVEN IF THEY NEGLIGENTLY CAUSED THE BODILY INJURY. I HEREBY WARRANT THAT I HAVE LEGAL AUTHORITY TO ACT ON MY CHILD’S BEHALF. I AGREE, ON MY OWN AND/OR MY CHILD’S BEHALF, TO THE TERMS AND CONDITIONS IN THIS DOCUMENT