CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT
ReHope, formerly known as Restoration House of Greater Kansas City, is whole-heartedly committed to protecting the dignity and privacy of all our residential and program participants (aka residents or clients). Please understand that our participants have suffered much trauma, abuse, indignity, and breach of trust. Our greatest desire and need are to develop trust with our participants. We must be certain that every participant is at all times treated with dignity and respect and we must guard the privacy and wellbeing of each resident/participant. This is not only a biblical standard and moral standard that we must keep to but also keeps us in compliance with all applicable codes of laws and ethics. The following confidentiality standards are critical:
- Maintain strict confidentiality about each resident/participant:
- I agree that I will never share the name of a resident/participant or any other identifying information.
- I agree to not speak with the press about residents or operations of the program.
- I agree that I will not discuss operation details with others, even those who are close and trusted.
- I agree that I will not discuss resident matters in a public area.
·- Maintain strict confidentiality about the staff, volunteers, interns, and donors:
- I agree that I will keep the staff, volunteer, intern, and donor names and information confidential.
- I agree that I will not discuss matters related to staff, volunteers, interns, or donors in a public area.
As a staff member, board member, employee, intern, volunteer and/or contractor of ReHope, I understand I have access to or may come across information that is confidential in nature. This may include, but not be limited to, donors’, participants’ (aka: residents or clients), other staff members’, employees’, volunteers’, contractors’ and applicants’ personal identifying information (such as their name, address, phone number, social security number, etc.), contact information, family and medical history, and financial status. This may also include but not be limited to ReHope’s financial information, donor list, contribution list, and other business-related documents and information. I understand this confidential information may also include information I may not consider to be of a private nature, but which still needs to be kept confidential. I understand I may receive or gain access to files, conversations with people, e-mails, communications, etc. I understand ALL information I receive or gain access to regarding any of ReHOpe’s clients, staff members, employees, prospective employees, volunteers, donors, and business-related information shall be kept in the strictest confidence as it might be protected by HIPAA or other federal and state regulations.
I agree I will keep in the strictest confidence any and all information I receive or to which I gain access either directly and indirectly, in connection with ReHope. I agree I will share only such information as necessary to complete my job duties and responsibilities. I agree not to seek personal benefits or permit others to benefit personally from any of the information I receive or to which I gain access. I will immediately notify my supervisor if I or any other person in ReHope violates this Confidentiality Agreement.
Security Measures and Procedures
I agree to only access the records and information I need in order to complete my work. I will protect the confidentiality of all records when in use. When I am using files in printed form, such as applications of assistance, employment or volunteer positions, as well as all other business-related documents, I will not keep them in any place others can see or access them. When I am not using printed records, I agree to keep them in a safe place.
When I am working on a computer or any other electronic medium, I agree to not leave it unattended and to take such precautions as necessary to prevent others from seeing or accessing the records of information.
When I am orally communicating with anybody regarding confidential information, I will be mindful of my surroundings and take such precautions necessary to prevent others from overhearing my conversation. Additionally, I will not disclose confidential matters with any individual without the authorization of ReHope.
Protection of Confidentiality after Termination
I understand and agree that if I leave ReHope, this Confidentiality Agreement will survive the termination. I agree to be continually bound by the terms of this Confidentiality Agreement and I will continue to observe these procedures for protecting confidentiality indefinitely.
Breach of Confidentiality
I understand a breach of confidentiality, including but not limited to aiding, abetting, or acting in conspiracy with others to violate any part of this policy, shall be grounds for immediate dismissal from ReHope.
I agree that any breach of this Agreement will cause ReHope irreparable harm. I understand ReHope’s remedies at law may be inadequate, and ReHope shall have the right to seek injunctive relief in addition to any other available remedy. In the event of a breach of this Agreement, ReHope has the right to seek issuance of a court-ordered injunction and any other equitable relief in court to further breach of this Agreement.
I agree to indemnify and hold harmless ReHope from all fines, levies, suits, proceedings, claims, actions or causes of actions of any kind whatsoever including, but not limited to, all costs, court costs, litigation expenses and attorney fees arising from, growing out of, in connection with or incidental to my breach of confidentiality.
Governing Law and Venue
This Waiver shall be governed by and construed in accordance with the laws of any state in which ReHope is located, without giving effect to any principles of conflicts of law.
Waiver of Breach
The waiver by ReHope of any breach of any term or condition of this Agreement shall not be construed as a waiver of any subsequent breach.
Severability
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal or unenforceable had never comprised a part hereof, without affecting the validity or enforceability of any other provision of this Agreement.
WAIVER OF LIABILITY
This Waiver of Liability (the "Waiver") is executed on the date signed by the named volunteer ("Volunteer") in favor of ReHope, a nonprofit organization, its directors, officers, employees, volunteers, and agents (collectively, "ReHope").
Volunteer Status
The Volunteer acknowledges and agrees that they are offering their services freely and without pressure or coercion. The Volunteer understands that their participation is entirely voluntary and that they are not employees of ReHope.
Assumption of Risk
The Volunteer acknowledges that their participation in activities at ReHope may involve risks, including, but not limited to, physical injury, illness, or damage to personal property. The Volunteer knowingly assumes all such risks, both known and unknown, even if arising from the negligence of ReHope or others and assumes full responsibility for their participation.
Waiver and Release
The Volunteer, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby releases, waives, discharges, and covenants not to sue ReHope, its directors, officers, employees, volunteers, and agents from any and all liability, claims, demands, actions, or causes of action of any kind arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Volunteer, or to any property belonging to the Volunteer, whether caused by the negligence of ReHope or otherwise, while participating in any activity or event sponsored, organized, or attended by ReHope.
Medical Treatment
The Volunteer consents to receive medical treatment deemed advisable in the event of injury, accident, or illness during their participation in ReHope activities. The Volunteer releases ReHope from any claims arising out of any such treatment, including medical expenses incurred as a result of such treatment.
Indemnification
The Volunteer agrees to indemnify and hold harmless ReHope from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney's fees, brought as a result of the Volunteer’s involvement in ReHope activities and to reimburse ReHope for any such expenses incurred.
Photographic Release
The Volunteer grants and conveys to ReHope all right, title, and interest in any and all photographs, images, video, or audio recordings of the Volunteer made during the Volunteer’s participation in ReHope activities, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
Governing Law
This Waiver shall be governed by and construed in accordance with the laws of the state in which ReHope is located, without giving effect to any principles of conflicts of law.
Acknowledgment of Understanding
The Volunteer has read this Waiver of Liability, fully understands its terms, understands that they have given up substantial rights by signing it, and signs it freely and voluntarily without any inducement.
IN WITNESS WHEREOF, the Volunteer has executed this Waiver of Liability as of the day and year listed below. In addition, the volunteer certifies that they have read and agree to comply with all the terms and conditions of this Confidentiality and Nondisclosure Agreement.