NOW THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows:
1. Volunteer understands and hereby represents and warrants that all Services (as term is defined herein) are provided on a voluntary basis and Volunteer shall not be entitled to and will not be receive remuneration or payment for the Services, other than reasonable reimbursement of expenses approved in writing by BTO. Neither BTO nor Volunteer intend any employment or contractual relationship to be created (i.e. you are not an employee, independent contractor or consult at BTO).
2. Volunteer agrees to provide services to BTO for the Event. BTO shall provide training, if necessary, to allow Volunteer to perform the Services in accordance with BTO’s expectations. Volunteer agrees and covenants to attend any and all required training sessions as requested by BTO.
3. Volunteer assignments may be on June 14, 2025. As part of this Agreement, Volunteer agrees to commit to the agreed upon volunteer shift. Volunteer and BTO understand that this Agreement may be terminated at any time by either party.
4. Volunteer represents and warrants that Volunteer will support and exemplify the objectives of BTO in providing the Services. Volunteer agrees to adhere to all directions and instructions provided to Volunteer by BTO, and to conform to the policies and procedures of BTO as instructed by any supervisor or supervising employee of BTO.
5. Volunteer understand the scope of the Services and covenants to perform only the Services set forth herein. Volunteer further understands that if Volunteer is responsible for injuries to third parties or damages to their property while acting outside the scope of the Services, Volunteer shall be personally liable for any monetary damages a court may award to the injured party It is further understood and agreed to by Volunteer that BTO shall indemnify Volunteer only in the case of liability arising out of the ordinary negligence that occurs during the scope of the Services, and that in no way do any of these provisions apply for the benefit of volunteer, his/her heirs, executors or administrators in any action arising out of gross negligence, willful misconduct, or any other conduct on the part of Volunteer, which cause or may give rise to criminal liability. Volunteer further agrees to fully cooperate with BTO and its agents in any investigation, lawsuit, arbitration, or any other legal or quasi-legal proceedings that arise from the matters covered by this agreement.
6. BTO agrees to provide and maintain a safe environment for Volunteer to perform the Services. Volunteer agrees to notify BTO immediately of any incident that occurs or may occur within the knowledge of Volunteer, which gives rise to liability on the part of the Volunteer or which may create a risk of harm to the health and safety of the Volunteer or other third parties. Volunteer further agrees to promptly notify BTO of any dangerous or hazardous conditions that may exist or that Volunteer may become aware of during the performance of the Services.
7. Volunteer understands that it may receive Confidential Information from BTO in the course of providing the Services. Confidential Information is defined as all of BTO’s information and material which is confidential, proprietary and/or nonpublic and that is marked or otherwise identified as “Confidential.” Confidential information includes, but is not limited to, information related to BTO’s business plans, trade secrets, research, technology, inventions, ideas, methodologies, “know-how,” products, strategies, projections, time-tables, operations, financial information, vendors, suppliers, customers and employees. Confidential Information does not include information that Volunteer can document (a) has been made generally available to the public through no improper action or inaction by Volunteer, (b) was rightfully in the possession of or known by Volunteer prior to receipt from BTO, (c) was rightfully disclosed to Volunteer by a third party, or (d) was independently developed by Volunteer without use of the Confidential Information. Volunteer agrees to hold the Confidential Information in strict confidence and not to: (a) disclose or divulge the Confidential Information or any part thereof to any third party, (b) use the Confidential Information for any commercial purpose without the prior written permission of BTO, (c) use the Confidential Information for the benefit of anyone other than BTO, or (d) otherwise use the Confidential Information in a manner detrimental to BTO. Volunteer shall use all reasonable care to prevent the unauthorized disclosure or use of the Confidential Information. Volunteer may also make disclosures required by law; provided that Volunteer uses all reasonable efforts to promptly notify BTO in advance of any disclosure. Upon the request of BTO or at such time when Volunteer is no longer providing Services, Volunteer shall promptly return or destroy all Confidential Information and any copies thereof.
8. To the extent, if any, that Volunteer may be deemed the author of any creation related to the Services, Contractor hereby fully and irrevocably assigns, transfers, conveys and relinquishes all rights, title and interest therein, including, without limitation, all copyrights, to BTO. The provisions in this Section shall survive any termination of this Agreement. The existence of any claim or cause of action by Volunteer against BTO shall not constitute a defense to the enforcement by BTO of the covenants and agreements of this Section.
9. This Agreement shall be governed by the laws of the State of Colorado, and any dispute arising hereunder shall be resolved in the courts of the State of Colorado, County of Summit.
10. Neither party may transfer or assign this Agreement, in whole or in part, in any manner whatsoever without the prior written consent of the other.
11. If any term or other provision of this Agreement, or any application thereof to any circumstance is invalid, illegal or incapable of being enforced by any rule of law, or public policy in whole or in part, such provisions or applications shall to that extent be severable and shall not effect other provisions or applications of this Agreement.
AGREED TO AND ACCEPTED BY: