Volunteer Agreement

VOLUNTEER AGREEMENT

TABLE OF CONTENTS

1. Parties
2. Volunteer Status
3. Scope of Volunteer Activities
4. Term
5. Expectations and Policies
6. Confidentiality
7. Assumption of Risk and Waiver
8. Indemnification and Liability Protection
9. Media Release
10. Background Check Consent
11. Termination
12. General Provisions
13. Signatures
14. State-Specific Notes
15. Sources and References

1. PARTIES

Organization: [________________________________________]
Address: [________________________________________]
EIN: [__-_______]
(the "Organization")

Volunteer: [________________________________________]
Address: [________________________________________]
Phone: [________________________________________]
Email: [________________________________________]
Emergency Contact: [________________________________________] Phone: [________________________________________]
(the "Volunteer")

Effective Date: [__/__/____]

2. VOLUNTEER STATUS

2.1 — Not an Employee. The Volunteer acknowledges and agrees that they are donating their services freely and voluntarily, without any expectation of compensation, and that this Agreement does not create an employment relationship, agency, partnership, or joint venture. The Volunteer is not entitled to wages, salary, benefits, workers' compensation, unemployment insurance, or any other employment benefits.

2.2 — FLSA Compliance. This arrangement is intended to comply with the volunteer exception under the Fair Labor Standards Act, 29 U.S.C. § 203(e)(4)(A). The Volunteer is not replacing or displacing any paid employee.

2.3 — Expense Reimbursement. The Organization may, at its sole discretion, reimburse the Volunteer for pre-approved, reasonable out-of-pocket expenses incurred in connection with volunteer activities. Such reimbursement does not constitute compensation.

3. SCOPE OF VOLUNTEER ACTIVITIES

3.1 — Description of Activities.

[________________________________________]
[________________________________________]
[________________________________________]

3.2 — Location(s). [________________________________________]

3.3 — Schedule. The Volunteer's schedule is flexible and at the Volunteer's discretion. Anticipated availability:

☐ Weekdays: [________________________________________]
☐ Weekends: [________________________________________]
☐ Event-based: [________________________________________]
☐ Other: [________________________________________]

3.4 — Supervision. The Volunteer shall report to [________________________________________], [Title], or their designee.

4. TERM

This Agreement shall commence on the Effective Date and continue until terminated by either party as set forth in Section 11.

5. EXPECTATIONS AND POLICIES

The Volunteer agrees to:

☐ Perform volunteer activities in accordance with the Organization's policies and procedures

☐ Treat all clients, staff, and other volunteers with respect and dignity

☐ Follow all safety rules, protocols, and instructions

☐ Comply with the Organization's nondiscrimination and anti-harassment policies

☐ Not represent themselves as an employee or agent of the Organization unless expressly authorized

☐ Report any injuries, incidents, or safety concerns immediately to their supervisor

☐ Not use the Organization's name, logo, or materials without prior authorization

☐ Comply with all applicable laws and regulations

6. CONFIDENTIALITY

6.1 — Confidential Information. The Volunteer acknowledges that in the course of volunteer activities, they may have access to confidential information including, but not limited to: client records, donor information, financial data, strategic plans, and personally identifiable information (the "Confidential Information").

6.2 — Non-Disclosure. The Volunteer shall not disclose, publish, or use any Confidential Information for any purpose other than performing volunteer activities, both during and after the term of this Agreement.

6.3 — Return of Materials. Upon termination, the Volunteer shall return all Organization property and Confidential Information in their possession.

7. ASSUMPTION OF RISK AND WAIVER

7.1 — Assumption of Risk. The Volunteer acknowledges that volunteer activities may involve certain inherent risks, including but not limited to: [________________________________________]. The Volunteer voluntarily assumes all risks associated with volunteer activities.

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

8. INDEMNIFICATION AND LIABILITY PROTECTION

8.1 — Volunteer Protection Act. The Volunteer Protection Act of 1997 (42 U.S.C. §§ 14501–14505) provides that a volunteer of a nonprofit organization shall not be liable for harm caused by an act or omission of the volunteer on behalf of the organization if:

(a) The volunteer was acting within the scope of their responsibilities;

(b) The volunteer was properly licensed, certified, or authorized (if applicable);

(c) The harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed; and

(d) The harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires an operator's license or insurance.

8.2 — Organization Indemnification. The Organization shall indemnify the Volunteer for claims arising from the Volunteer's acts within the scope of authorized volunteer activities, to the extent permitted by law and the Organization's insurance coverage, provided the Volunteer acted in good faith.

9. MEDIA RELEASE

☐ I GRANT permission to the Organization to use my name, likeness, image, voice, and/or appearance in photographs, videos, and other media for the Organization's promotional and educational purposes.

☐ I DO NOT GRANT such permission.

10. BACKGROUND CHECK CONSENT

☐ The Volunteer consents to a background check as a condition of volunteer service, particularly for positions involving work with minors, vulnerable adults, or access to financial information.

☐ Not applicable.

11. TERMINATION

11.1 — Voluntary Termination. Either party may terminate this Agreement at any time, for any reason, without notice.

11.2 — Involuntary Termination. The Organization may end the volunteer relationship at any time if the Volunteer violates any policy, engages in misconduct, or if the Organization determines that termination is in its best interest.

11.3 — Effect of Termination. Upon termination, the Volunteer shall return all Organization property and cease representing themselves as affiliated with the Organization.

12. GENERAL PROVISIONS

12.1 — Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the volunteer relationship.

12.2 — Amendments. Amendments must be in writing and signed by both parties.

12.3 — Severability. If any provision is held invalid, the remaining provisions continue in full force.

12.4 — Governing Law. This Agreement shall be governed by the laws of the State of [____________________].

13. SIGNATURES

VOLUNTEER:

Signature: ___________________________________________

Name: [________________________________________]

Date: [__/__/____]

If Volunteer is a Minor (under 18):

Parent/Guardian Signature: ___________________________________________

Name: [________________________________________]

Date: [__/__/____]

ORGANIZATION:

Signature: ___________________________________________

Name: [________________________________________]

Title: [________________________________________]

Date: [__/__/____]

14. STATE-SPECIFIC NOTES

SOURCES AND REFERENCES

• Fair Labor Standards Act, 29 U.S.C. § 203(e)(4)(A)
• Volunteer Protection Act of 1997, 42 U.S.C. §§ 14501–14505
• IRS Publication 526, "Charitable Contributions" (volunteer expenses)
• U.S. Dept. of Labor, "Fact Sheet #14A: Non-Profit Organizations and the FLSA"
• National Council of Nonprofits, https://www.councilofnonprofits.org