This Volunteer Agreement, Release and Waiver of Liability (the “Agreement”), is entered into upon submission of this Volunteer Application by Alley Cat Allies Inc. (“ACA”) and the person applying for volunteer status (the “Volunteer”) and/or Volunteer’s legal guardian (the “Guardian”) if Volunteer is under 18 years of age.
Scope of Agreement
Volunteer / Guardian agrees to perform activities in a volunteer capacity at the direction of ACA (the “Activities”). In consideration of the opportunity to volunteer with ACA and receive specialized training, Volunteer / Guardian agrees to the following terms and conditions, intending to be legally bound by them:
1. Assumption of Risk.
Volunteer / Guardian hereby expressly and specifically assumes the risk of injury or harm in any and all activities with ACA. Volunteer understands that participation in activities with ACA may include, but is not limited to, exposure to animals, outdoor elements, and equipment used for trap-neuter-return. ACA activities are potentially hazardous and can result in serious injury and/or death. Volunteer is participating in ACA activities of his/her own free will.
2. Indemnification, Release and Waiver.
Volunteer / Guardian agrees to release, indemnify, hold harmless, and defend ACA and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damages, lawsuits, and judgments, including attorneys’ fees and costs, arising out of, or relating to, Volunteer’s activities with ACA. This provision shall survive indefinitely.
Volunteer / Guardian understands that this Agreement discharges ACA from any and all liability or claim that the Volunteer / Guardian may have against ACA with respect to, and including but not limited to, any bodily injury, personal injury, illness, death, financial damage, and/or property damage that may result from Volunteer’s activities with ACA whether or not such liability and/or claim was caused by the negligence of ACA. Volunteer / Guardian also understands that ACA does not assume any responsibility for or obligation to provide financial assistance and/or other assistance, including but not limited to medical, health, or disability insurance in the event of injury or illness.
3. Volunteer Status.
Nothing contained in this agreement is intended to create an employment relationship, partnership, joint venture or relationship other than that of a volunteer. As such, the Volunteer / Guardian shall not be entitled to any compensation or benefits accorded to ACA employees. Volunteer / Guardian hereby agrees that he/she is donating this time and that no compensation will be given for the volunteer work. Volunteer understands that ACA will not pay for out-of-pocket expenses.
Volunteer shall have no authority to bind ACA in any manner. Volunteer shall have no authority to act as agent for ACA.
4. Prohibited Actions.
At all times while performing activities for ACA, Volunteers are prohibited from:
Smoking anywhere on ACA premises.
Wearing inappropriate clothing.
Entering restricted areas, as defined by ACA employees.
Removing animals from ACA premises without direct instructions from an ACA employee, except for purposes of emergency medical care.
Disregarding any posted and/or verbal information or warnings.
Disregarding any verbal direction from ACA employees.
Performing volunteer activities at any time other than regularly scheduled volunteer hours.
Acting in any manner which may cause or contribute to injury to self or injury to other people and/or animals.
5. Photo, Video, and Audio Release.
Volunteer / Guardian hereby consents to ACA photographing Volunteer and/or recording Volunteer’s image and/or voice. Any and all photographs, video, and/or audio of Volunteer by ACA will be the sole and exclusive property of ACA. Volunteer / Guardian acknowledges that ACA will have full rights of ownership, copyright, and use of the photographs, video, and/or audio recordings in any and all media, throughout the world, in perpetuity. Said photographs, video, and/or audio recordings may be used singularly or in conjunction with other photographs, video and/or audio recordings.
ACA is hereby authorized to use or cause to be used said photograph, video, and/or audio recordings of Volunteer, and/or Volunteer’s name for advertising, publicity, commercial, educational, and/or other business purposes. The same may be exhibited in all domestic and foreign markets. Volunteer / Guardian understands that others may use and/or reproduce said photographs, video and/or audio recordings with or without ACA’s consent.
6. Copyright Assignment for Photo, Video and Audio
Volunteer hereby assigns, transfers and sets over to ACA, exclusively throughout the world, all right, title and interest in and to all versions of photographs, video and/or audio recordings taken by Volunteer while performing activities for ACA (the “Works”), including without limitation: the ownership of all copyrights in the Works throughout the world and any and all rights under the copyrights for the full term of all copyrights and any and all renewals, extensions and reversions thereof in the United States and elsewhere throughout the world; any and all versions and derivative works of the Works and any and all copyrights and renewal, extensions and reversions of copyrights in such other versions or derivative works; any and all causes of action for infringement of the Works, past, present and future; any and all proprietary rights; all of the proceeds from the Works accrued and unpaid and hereafter accruing; and any and all “moral rights” of Volunteer in and to the Works.
Volunteer agrees to act in ACA’s best interests.
Volunteer understands that he/she may have access to confidential, proprietary, or legally privileged information (collectively referred to as “confidential information”) about ACA as well as the constituents ACA serves. Confidential information includes, but is not limited to: ACA’s donors, supporters, and employees, ACA strategic plans and other business plans, and financial information. All materials, including without limitation documents, drafts, notes, designs, media, electronic files and lists, including all additions to, deletions from, alterations of, and revisions, which are furnished to Volunteer by ACA or which are developed in the process of volunteering with ACA are the sole and exclusive property of ACA. Volunteer is granted no rights with ACA’s confidential information and shall promptly return all materials upon request and at the termination of this agreement.
All confidential information furnished hereunder is and shall remain the exclusively owned property of ACA and such disclosure shall not grant to Volunteer any express or implied interest. Volunteer is bound to confidentiality, which commits Volunteer to respect the secrecy of all information which may be gained during the execution of volunteer work and refrain from divulging information to any third party or from using information for personal gain or the gain of a third party.
In the event that Volunteer breaches this confidentiality agreement, Volunteer understands that he/she is responsible for economic damages and all expenses ACA incurs as a result of the breach, as well as ACA’s legal costs in pursuing legal action to recover those damages and expenses.
In the event that Volunteer breaches this agreement, Volunteer agrees to indemnify, defend and hold harmless ACA for any third-party claims brought against ACA for the breach as well as ACA’s costs to defend the claims.
Confidentiality is required even after the information has ceased to be of relevance to ACA. Volunteer understand that these obligations of confidentiality shall continue indefinitely.
During the term of this Agreement and at all times thereafter, Volunteer agrees to neither verbally, nor in writing, demean or disparage ACA, ACA’s former or current employees, or any persons or entities related to ACA in any manner to any person, whether or not such person is related to ACA or an employee of ACA.
9. Duty of Candor and Duty of Loyalty
Volunteer agrees to fully disclose any relevant facts that will affect ACA. Volunteer agrees to perform reasonably to advance the interests of ACA and to refrain from engaging in any acts that would adversely affect ACA.
The headings and captions are for convenience only and shall not be deemed to limit, construe, affect, or alter the meaning of the underlying provisions.
Volunteer / Guardian expressly agrees that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Maryland, and that this Agreement shall be governed by and interpreted in accordance with the laws of the State of Maryland. If any provision of this Agreement is or becomes invalid, illegal, or unenforceable in any jurisdiction for any reason, such invalidity, illegality, or unenforceability shall not affect the remainder of this Agreement, and the remainder of this Agreement shall be construed and enforced as if such invalid, illegal, or unenforceable portion were not contained herein.