Legal Agreements & Policies

Confidentiality Statement

Confidentiality is the cornerstone to building a safe and trusting relationship in which everyone can speak openly and honestly. Additionally, both State and Federal laws require that confidentiality be protected through the use of certain information and privacy safeguards.

All electronic correspondence from Hochoka Retreat Center complies with HIPAA confidentiality standards for protecting client privacy. This protection includes the use of the most current electronic and telephone safeguards in communicating with insurance companies and making information transfers to referring and consulting professionals.

During the term of this Agreement, clients, employees and volunteers may have access to confidential information and trade secrets relating to Hochoka Retreat Center. Client agrees that it shall not, without the prior written consent of Hochoka Retreat Center, either during the term of this Agreement or thereafter, directly or indirectly, use for any purpose other than for the purposes intended in this Agreement or disclose to any third party any such information.

This Agreement is executed in and intended to be performed in the state of North Carolina and the laws of North Carolina shall govern its interpretation and effect. This Agreement shall remain in full force and effect from the date first above written until the date on which client, volunteer, employee or Hochoka Retreat Center provides written notice of its desire to terminate this Agreement, but in any event, after termination, the paragraph above, shall remain in full force and effect after termination of this Agreement.

Confidentiality Agreement

This Confidentiality Agreement (this "Agreement") is made effective as of today, between Hochoka Retreat Center.

In this Agreement, the party who owns the Confidential Information will be referred to as "HOCHOKA", and you.

HOCHOKA is engaged in facilitating programs for self-growth and wellness through animals and nature. HOCHOKA is a center for the holistic application of the newest ideas in wellness, fitness and healing for the body, the mind and the spirit. HOCHOKA is a place where a special camaraderie exists between people, animals and nature. HOCHOKA has requested that you will protect the confidential material and information which may be disclosed between HOCHOKA and you. Therefore, the parties agree as follows:

Confidential Information

I. The term "Confidential Information" means any information or material which is proprietary to HOCHOKA, whether or not owned or developed by HOCHOKA, which is not generally known other than by HOCHOKA, and which you may obtain through any direct or indirect contact with HOCHOKA.

I. Confidential information includes without limitation:

Business records and plans

Financial statements

Technical Information

Discounts

Costs

Computer information, programs, and listings

Client records

Private business information and other proprietary information.

II. Confidential Information does not include:

■ Matters of public knowledge that result from disclosure by HOCHOKA

■ Information disclosed by operation of law

■ Information disclosed by you with the prior consent of HOCHOKA and any other information that both parties agree in writing is not confidential.

II. Protection of Confidential Information - You understand and acknowledge that the Confidential Information has been developed or obtained by HOCHOKA by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of HOCHOKA which provides HOCHOKA with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, you agree to hold in confidence and to not disclose the Confidential Information to any person or entity without the prior written consent of HOCHOKA. In addition, agrees that:

I. No copying/modifying - You will not copy or modify any Confidential Information without the prior consent of HOCHOKA.

II. Application to Employees - Further, you shall not disclose any Confidential Information to any employees of you, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of HOCHOKA.

III. Unauthorized Disclosure of Information - If it appears that you have disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, HOCHOKA shall be entitled to an injunction to restrain you from disclosing, in whole or in part, the Confidential Information.

Return of Confidential Information

Upon the written request of HOCHOKA, you shall return to HOCHOKA all written materials containing the Confidential Information. You shall also deliver to HOCHOKA written statements signed by you certifying that all materials have been returned within five (5) days of receipt of the request.

Relationship of Parties

Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture.

No Warranty

You acknowledge and agree that the Confidential Information is provided on an AS IS basis. HOCHOKA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HOCHOKA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. HOCHOKA does not represent or warrant that any product or business plans disclosed to you will be marketed or carried out as disclosed, or at all. Any actions taken by you in response to the disclosure of the Confidential Information shall be solely at the risk of you.

Limited License to Use

You shall not acquire any intellectual property rights under this Agreement except the limited right to use set out above. You acknowledge that, as between HOCHOKA and you, the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be) the property of HOCHOKA, even if suggestions, comments, and/or ideas made by you are incorporated into the Confidential Information or related materials during the period of this Agreement.

General Provisions

This Agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of North Carolina. This Agreement shall not be assignable by either party, and neither party may delegate its duties under this Agreement, without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect after the effective date of this Agreement.

Policy on Volunteers

1. Overall Policy on Utilization of Volunteers - One way to achieve the goals of HOCHOKA is through the active participation of persons who are not compensated for their services by HOCHOKA. To this end, HOCHOKA accepts and encourages the involvement of volunteers in the accomplishment of its mission.

2. Purpose of Volunteer Policies - The purpose of these policies is to provide overall guidance and direction to staff and volunteers engaged in volunteer involvement and management efforts. These policies are intended for internal management guidance only and do not constitute, either implicitly or explicitly, a binding contractual or personnel agreement. HOCHOKA reserves the exclusive right to change any of these policies at any time.

3. Scope of Volunteer Policies - Unless specifically stated, these policies apply to all volunteers in all programs and projects, whenever and wherever undertaken, by HOCHOKA.

4. Definition of Volunteer - A volunteer is anyone who, without compensation or expectation of compensation beyond reimbursement for ordinary and necessary approved expenses, performs a task at the direction of and on behalf of HOCHOKA. A ‘volunteer’ must be officially accepted and enrolled by HOCHOKA prior to performance of the task.

5. Service at the Discretion of HOCHOKA - HOCHOKA accepts the service of volunteers with the understanding that such service is at the sole discretion of HOCHOKA. Volunteers agree that HOCHOKA may at any time, for whatever reason, decide to terminate the volunteer’s relationship with HOCHOKA. The volunteer may at any time, for whatever reason, decide to sever the volunteer’s relationship with HOCHOKA.

6. Training - Volunteers will receive specific on-the-job training to provide them with the information and skills necessary to perform their volunteer assignment. The timing and methods for delivery of such training will be appropriate to the complexity and demands of the assignment.

7. Authority of Volunteers - Unless specifically authorized to do so by the Board of Directors of HOCHOKA, any volunteer who is neither an officer nor a director of HOCHOKA is without authority: (1) to bind HOCHOKA to any contractual commitment, (2) to make public statements on behalf of HOCHOKA or otherwise to act on behalf of HOCHOKA, and (3) to represent to others that the volunteer has authority to act on behalf of HOCHOKA.

8. Rules of Conduct

I. Major Offenses - Major Offenses are the most serious offenses and a volunteer changed with a Major Offense will be subject to immediate discharge.

Examples of Major Offenses:

1. Reporting to work under the influence of alcoholic beverages, illegal drugs, marijuana or other controlled substances.

2. Possession, use, or distribution of alcoholic beverages, illegal drugs, marijuana or other controlled substances during work time or on the Organization’s property.

3. Sexual or other discriminatory harassment of fellow volunteer.

4. Concealing defective work.

5. Threatening, intimidating, provoking a fight or striking a fellow volunteer while on the Organization’s property or during working hours.

6. Deliberate destruction or damage of the Organization’s property or equipment, or property of fellow volunteers or clients in any manner during working hours, or the commission of acts intended to cause destruction or damage.

7. Insubordination, defined as willful refusal to carry out proper work related instructions of a manager.

8. Making a false representation to the Organization or falsification of application for volunteer employment, time cards, sickness records, expense records, or other data requested by the Organization.

9. Submitting fraudulent claims against or to the Organization.

10. Possession of firearms, weapons, or explosives during work time or on the Organization’s property.

11. Theft of property of the Organization, fellow volunteers, customers, clients, or associated entities.

12. Behaving indecently or engaging in activities that bring disrepute upon the Organization.

13. Conviction of a criminal charge which results in confinement in a correctional facility or prison.

14. Continued absence in excess of three days without notification to the Organization.

15. Careless or reckless driving of any vehicle on the Organization’s property or of a vehicle of the Organization at any time.

16. Indulging in practical jokes or horseplay on the Organization’s property or during work time which endangers a volunteer or destruction of the Organization’s property.

17. Sleeping during working hours.

18. Leaving the job without authorization.

II. Minor Offenses - These offenses are less serious than Major Offenses. A written warning shall remain active for the purposes of disciplinary action for a twelve-month period. The procedure usually followed with Minor Offenses is as Follows:

1. First Offense - Written warning

2. Second Offense - Written warning

3. Third Offense - Dismissal

III.

Examples of Minor Offenses:

1. Failure to provide medical evidence, if requested, for an absence of three consecutive days or more due to illness.

2. Poor housekeeping or creating undesirable working conditions.

3. Improper care or use of machinery or other property of the Organization.

4. Failure to report an on-the-job injury or accident to your supervisor as soon as you have knowledge of personal injury.

5. Stopping work early without permission, either at meal time or quitting time.

6. Failure to follow instructions, either written or oral.

7. Unauthorized use or possession of the Organization’s property.

8. . Failure to maintain production by giving unsatisfactory effort, or using work time for non-productive purposes.

9. Abuse of the Organization’s telephone for personal calls.

9. The above list is not all-inclusive. Any violation of the Organization’s policies or procedures may result in discipline, up to and including immediate dismissal, if, in the opinion of management, such action is warranted.

Both exempt and nonexempt volunteers are subject to unpaid disciplinary suspensions for violations of the Organization’s conduct standards. In the case of exempt employees, the suspension will be for no less than a full day.

10. Dress Code - The Organization’s work site(s) are places of business, and volunteers are to dress appropriately for their work situation. Clothing, mode of dress or personal grooming that is not appropriate for a business is not acceptable, regardless of the nature of the job performed. Management retains the right to send home volunteers who are not properly or safely dressed.

11. Substance Abuse - It is the Organization’s policy to maintain a drug free workplace. Therefore, the manufacture, distribution, sale, use or possession of illegal drugs or controlled substances while on the job, while on the Organization’s property or while driving a vehicle of the Organization is strictly prohibited and constitutes grounds for immediate discharge. Being under the influence of drugs, except prescription drugs properly used by volunteers under a physician’s care, during working hours is also prohibited. The abuse of any legally obtained drug, or controlled substance while on the job, while on the Organization’s property or while driving a vehicle of the Organization is prohibited and will result in disciplinary action, up to and including discharge. Any volunteer who may be undergoing medically prescribed treatment with a prescription drug that may affect the volunteer’s ability to perform on the job must report this treatment to his/her supervisor prior to beginning work. Failure to report this to the supervisor will be grounds for disciplinary action, up to and including discharge. The most effective approach to combating substance abuse is through a standard drug screening program, and the Organization may request or require a volunteer to undergo drug and/or alcohol testing under the following circumstances: (1) pre-employment; (2) individual suspicion; (3) post-accident testing; and (4) rehabilitation program related testing.

12. Tobacco - The Organization is committed to providing a healthy environment for those to whom we provide services, visitors and staff. The Organization provides a tobacco-free environment to reduce health risks associated with tobacco products (including but not limited to cigarettes, cigars, pipe smoking, smokeless tobacco and snuff) and to promote and encourage health. The use of tobacco is prohibited on the property of the Organization, including private vehicles located on property of the Organization. The use of tobacco is prohibited while driving a vehicle of the Organization.

Information

Volunteering as Healing

We strive to teach our children they can do something to improve the life of someone else. This fulfills an elementary need in every child’s heart. That is, the need to be needed. Oftentimes having this feeling of value is an integral part of a child’s healing.

Volunteering Info

● Volunteering can be done during our normal hours of operation

● Call to schedule a time to volunteer

● You must fill out this entire application in order to volunteer

● Volunteer needs include

1. Riding assistance

2. Barn maintenance assistance

3. Gardens maintenance

4. Building projects

5. Trails cleaned

6. Animal housing maintenance

7. Office assistance

8. Always plenty of work to do

In order to become a volunteer, you must do the following:

1. Fill out this entire Volunteer Application

2. Be approved by staff of Hochoka Retreat Center

We do offer long term / live in volunteer opportunities. There are a limited number of these opportunities. We also offer intern programs. In addition, groups from schools, churches, Boy Scouts, Girl Scouts, and other affiliations are welcomed.

Safety Rules

1. All riders must sign a release before riding.

2. Safety approved helmets must be worn while riding.

3. For the health of our horses and children, this is a Non-Smoking facility.

4. Proper footwear is required to ride – No open toed/heeled shoes allowed.

5. Children must be supervised AT ALL TIMES.

6. Ride only in designated areas unless accompanied by an HOCHOKA staff member

7. Do not enter the horse’s stalls without supervision or permission from an HOCHOKA staff member.

8. No loud talking in or around barn area.

9. No running in or around barn area.

10. No loud talking or running around horses.

11. Do not feed any of the farm animals without permission and help from HOCHOKA staff.

12. No cell phones in the barn area or while riding.

13. No headphones for music while riding or working with the animals.

14. No profanity.

15. Running and being loud can be done on the trails, in the fields and woods, not with the animals.

16. Please treat all animals, other riders and HOCHOKA staff with kindness and respect.

Dress Code & items to bring when working at HOCHOKA

● Volunteers need to dress for outside work and according to the weather. For cooler temperatures, layers of clothing would work best so you can adjust as the temperature changes.

● Appropriate and comfortable shoes for outdoor work. No open toed or open heeled shoes allowed.

● Bring work gloves

● A hat or some type of head cover to protect you from the sun

● A bag lunch, snacks

● Water Bottles

● Sunscreen

● Any personal hygiene items that you might need during the day

Equine Activity Liability Agreement and Risk

Acknowledgement

Read North Carolina Equine Activity Statute

Document ID: 99997.026197 RALEIGH 236053v1

WARNING: Under North Carolina Law an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant in equine activities resulting exclusively from the inherent risks of equine activities. Chapter 99E of the North Carolina General Statutes.