VOLUNTEER AGREEMENT

[ORGANIZATION NAME]

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This Volunteer Agreement (this "Agreement") is entered into as of [DATE] (the "Effective Date") by and between:

ORGANIZATION:
[ORGANIZATION NAME]
[ADDRESS]
[CITY], [STATE] [ZIP CODE]
(the "Organization")

and

VOLUNTEER:
Name: [VOLUNTEER NAME]
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]
Emergency Contact: [NAME] / [PHONE]
(the "Volunteer")

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ARTICLE 1 - VOLUNTEER SERVICE

1.1 Volunteer Position

Position Title: [VOLUNTEER POSITION TITLE]

Department/Program: [DEPARTMENT OR PROGRAM NAME]

Supervisor: [SUPERVISOR NAME AND TITLE]

1.2 Description of Duties

The Volunteer agrees to perform the following duties:

[DETAILED DESCRIPTION OF VOLUNTEER DUTIES AND RESPONSIBILITIES]

☐ See attached Position Description (Exhibit A)

1.3 Schedule

Start Date: [DATE]

End Date: [DATE or "Ongoing until terminated"]

Expected Schedule:
☐ Regular schedule: [DAYS/TIMES]
☐ As needed/on-call
☐ Event-based: [EVENT NAME(S) AND DATE(S)]
☐ Other: [DESCRIBE]

Expected Hours: Approximately [NUMBER] hours per [week/month/event]

1.4 Location

Primary Location: [ADDRESS OR LOCATION NAME]

☐ Remote/Virtual volunteering permitted
☐ Multiple locations: [LIST LOCATIONS]

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ARTICLE 2 - VOLUNTEER STATUS

2.1 No Employment Relationship

[// GUIDANCE: It is critical to establish that volunteers are not employees. Under the FLSA, individuals may volunteer for charitable organizations without expectation of compensation. However, careful structuring is required to avoid inadvertent employment relationships.]

The Volunteer acknowledges and agrees that:

(a) The Volunteer is providing services voluntarily without expectation or receipt of compensation;

(b) The Volunteer is not an employee of the Organization and will not be treated as an employee for any purpose, including federal and state tax purposes, workers' compensation, or unemployment insurance;

(c) The Volunteer is not entitled to wages, benefits, or other compensation;

(d) The Volunteer's service may be terminated by either party at any time for any reason;

(e) This Agreement does not create an employment relationship, agency, partnership, or joint venture.

2.2 No Compensation

The Volunteer will not receive compensation for volunteer services. The Organization may, at its discretion, provide:

☐ Reimbursement for pre-approved, out-of-pocket expenses
☐ Meals during volunteer shifts
☐ Transportation assistance
☐ Recognition items (t-shirts, certificates, etc.)
☐ Access to Organization facilities/events
☐ Letters of recommendation
☐ Other: [DESCRIBE]

[// GUIDANCE: Nominal benefits and expense reimbursement do not create an employment relationship. However, excessive benefits may suggest an employment relationship exists.]

2.3 At-Will Relationship

The volunteer relationship is at-will. Either party may terminate this Agreement at any time, with or without cause or notice.

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ARTICLE 3 - VOLUNTEER RESPONSIBILITIES

3.1 General Responsibilities

The Volunteer agrees to:

(a) Perform assigned duties to the best of their ability;
(b) Follow the Organization's policies, procedures, and instructions;
(c) Treat all individuals with respect and professionalism;
(d) Maintain appropriate boundaries with clients, staff, and other volunteers;
(e) Report any concerns, incidents, or safety issues promptly;
(f) Maintain confidentiality as described in Article 5;
(g) Represent the Organization in a positive manner.

3.2 Attendance and Reliability

The Volunteer agrees to:

(a) Fulfill scheduled commitments or provide reasonable advance notice if unable to do so;
(b) Arrive on time for scheduled shifts or events;
(c) Notify the supervisor as soon as possible of any absence or delay;
(d) Complete any required training or orientation.

3.3 Compliance with Policies

The Volunteer agrees to comply with all Organization policies, including:

☐ Code of Conduct
☐ Anti-Harassment Policy
☐ Safety Policies
☐ Social Media Policy
☐ [OTHER POLICIES]

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ARTICLE 4 - ORGANIZATION RESPONSIBILITIES

4.1 Supervision and Support

The Organization agrees to:

(a) Provide appropriate orientation and training;
(b) Assign a supervisor to provide guidance and support;
(c) Provide clear instructions for volunteer duties;
(d) Provide necessary materials, equipment, and workspace;
(e) Maintain a safe volunteer environment;
(f) Treat the Volunteer with respect and appreciation.

4.2 Insurance

☐ The Organization maintains general liability insurance that covers volunteers.

☐ The Organization maintains accident insurance for volunteers.

☐ The Volunteer is responsible for their own health and accident insurance.

4.3 Workers' Compensation

[// GUIDANCE: In most states, volunteers are not covered by workers' compensation. Some states permit or require coverage for volunteers. Check your state law.]

☐ Volunteers are not covered by workers' compensation insurance.

☐ Volunteers are covered by the Organization's workers' compensation insurance.

☐ The Organization provides volunteer accident insurance in lieu of workers' compensation.

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ARTICLE 5 - CONFIDENTIALITY

5.1 Confidential Information

The Volunteer agrees to maintain the confidentiality of all non-public information learned during volunteer service, including but not limited to:

(a) Client/participant personal information;
(b) Donor information and giving history;
(c) Financial information;
(d) Personnel matters;
(e) Business strategies and plans;
(f) Any information designated as confidential.

5.2 Obligations

The Volunteer agrees to:

(a) Not disclose confidential information to any third party;
(b) Not use confidential information for personal benefit;
(c) Return or destroy all confidential materials upon termination;
(d) Comply with any applicable privacy laws (HIPAA, FERPA, etc.).

5.3 Duration

This confidentiality obligation survives termination of this Agreement.

5.4 Exceptions

This provision does not prevent disclosure:
- Required by law;
- To appropriate authorities to report suspected abuse, neglect, or criminal activity;
- With the Organization's prior written consent.

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ARTICLE 6 - LIABILITY AND INDEMNIFICATION

6.1 Volunteer Protection Act

The Volunteer may be entitled to certain protections under the Volunteer Protection Act of 1997 (42 U.S.C. Section 14501 et seq.) and applicable state volunteer protection statutes. These laws generally protect volunteers from personal liability for acts performed within the scope of their volunteer responsibilities, provided:

(a) The volunteer was acting in good faith;
(b) The volunteer's actions were within the scope of responsibilities;
(c) The harm was not caused by willful or criminal misconduct, gross negligence, or reckless misconduct;
(d) The harm was not caused while operating a motor vehicle.

6.2 Organization Indemnification

To the extent permitted by law, the Organization agrees to indemnify and hold harmless the Volunteer from claims arising from the Volunteer's good-faith performance of volunteer duties, except for claims arising from the Volunteer's gross negligence, willful misconduct, or criminal activity.

6.3 Volunteer Acknowledgment

The Volunteer acknowledges that:

(a) Volunteer activities may involve inherent risks;
(b) The Organization cannot guarantee the Volunteer's safety;
(c) The Volunteer assumes certain risks associated with volunteer activities.

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ARTICLE 7 - WAIVER AND RELEASE

7.1 Assumption of Risk

The Volunteer acknowledges that participation in volunteer activities may involve certain risks, including but not limited to: [DESCRIBE RELEVANT RISKS, e.g., physical activity, exposure to illness, travel, working with vulnerable populations, etc.].

The Volunteer voluntarily assumes all risks associated with volunteer service.

7.2 Release of Liability

To the fullest extent permitted by law, the Volunteer releases and discharges the Organization, its officers, directors, employees, and agents from any and all claims, demands, or causes of action arising from the Volunteer's participation in volunteer activities, except for claims arising from the Organization's gross negligence or willful misconduct.

7.3 Medical Authorization

In the event of a medical emergency, the Volunteer authorizes the Organization to obtain emergency medical treatment and agrees to be responsible for any medical expenses incurred.

☐ I have the following medical conditions or allergies the Organization should be aware of:
[DESCRIBE OR "None"]

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ARTICLE 8 - MEDIA AND PUBLICITY

8.1 Photo/Video Release

☐ Consent Granted: The Volunteer grants the Organization permission to use photographs, video, and audio recordings of the Volunteer taken during volunteer activities for promotional, educational, and fundraising purposes.

☐ Consent Not Granted: The Volunteer does not consent to the use of photographs, video, or audio recordings.

8.2 Testimonials

☐ The Volunteer may be asked to provide testimonials about their volunteer experience. Such testimonials are voluntary.

8.3 Media Inquiries

The Volunteer agrees to refer all media inquiries to [CONTACT NAME/TITLE] and not to speak to media on behalf of the Organization without prior authorization.

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ARTICLE 9 - TERMINATION

9.1 Voluntary Termination

The Volunteer may terminate this Agreement at any time by notifying the Organization. The Organization requests [NUMBER] days' notice when possible.

9.2 Termination by Organization

The Organization may terminate this Agreement at any time for any reason, including but not limited to:

(a) Violation of Organization policies;
(b) Failure to perform duties satisfactorily;
(c) Inappropriate conduct;
(d) Program changes eliminating the volunteer position;
(e) Any other reason in the Organization's sole discretion.

9.3 Return of Property

Upon termination, the Volunteer shall return all Organization property, including:

☐ Keys and access cards
☐ Equipment and supplies
☐ Documents and records
☐ Name badge or ID
☐ Uniforms or branded items
☐ [OTHER ITEMS]

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ARTICLE 10 - BACKGROUND CHECK

☐ Background Check Required:

The Volunteer consents to a background check as a condition of volunteer service. The Organization will conduct or arrange for:

☐ Criminal background check
☐ Sex offender registry check
☐ Reference checks
☐ Driving record check (if driving is required)
☐ [OTHER CHECKS]

The Volunteer understands that certain findings may disqualify them from volunteer service.

☐ No Background Check Required

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ARTICLE 11 - SPECIAL PROVISIONS

11.1 Volunteers Working with Minors or Vulnerable Adults

[Complete if applicable]

☐ The Volunteer will have contact with minors or vulnerable adults.

The Volunteer agrees to:

(a) Complete required training on [TOPICS: child safety, mandated reporting, etc.];
(b) Never be alone with a minor or vulnerable adult (maintain "two-adult rule");
(c) Report any suspected abuse, neglect, or exploitation immediately;
(d) Comply with all policies regarding interactions with minors/vulnerable adults;
(e) [ADDITIONAL REQUIREMENTS]

11.2 Driving

[Complete if applicable]

☐ The Volunteer will operate a motor vehicle for volunteer duties.

The Volunteer:

(a) Holds a valid driver's license;
(b) Has personal automobile insurance with minimum coverage of $[AMOUNT];
(c) Agrees to maintain a safe driving record;
(d) Agrees to follow all traffic laws;
(e) Consents to a driving record check.

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ARTICLE 12 - GENERAL PROVISIONS

12.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding volunteer service.

12.2 Amendment

This Agreement may be amended only by written agreement signed by both parties.

12.3 Governing Law

This Agreement shall be governed by the laws of the State of [STATE].

12.4 Severability

If any provision is found invalid, the remaining provisions shall continue in effect.

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SIGNATURES

By signing below, the Volunteer acknowledges that they have read, understand, and agree to the terms of this Agreement.

VOLUNTEER:

_________________________________________
Signature

_________________________________________
Printed Name: [VOLUNTEER NAME]

Date: ___________________________________

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ORGANIZATION:

[ORGANIZATION NAME]

By: _________________________________________

Printed Name: [NAME]

Title: [TITLE]

Date: ___________________________________

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EMERGENCY CONTACT INFORMATION

Emergency Contact Name: ________________________

Relationship: ________________________

Phone: ________________________

Alternative Phone: ________________________

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EXHIBITS

☐ Exhibit A - Volunteer Position Description
☐ Exhibit B - Organization Policies
☐ Exhibit C - Training Acknowledgment
☐ Exhibit D - Background Check Authorization

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[END OF DOCUMENT]