VOLUNTEER AGREEMENT

Evergreen is pleased to offer you a volunteer opportunity on the terms and conditions set out below. After it is signed, this letter will become an agreement (“Agreement”) between you and Evergreen reflecting the terms and conditions of your volunteer activities.

1. VOLUNTEER SERVICE: You acknowledge and agree that your services are being provided on a volunteer basis, and that you are not an employee, independent contractor, dependent contractor or agent of Evergreen.

2. START DATE: Your volunteer activities will commence on your first shift and may continue indefinitely until terminated by either you or Evergreen, in accordance with the terms and conditions set out below.

3. LOCATION: Volunteer activities will take place at Evergreen Brick Works, 550 Bayview Avenue, Toronto, ON, unless otherwise stated in the volunteer role description.

4. VOLUNTEER ACTIVITIES: Your volunteer activities may include, but are not limited to, the tasks as described in the volunteer role description. Tasks may vary between different volunteer positions. If you have questions about the tasks for your role please ask, and if you have any concerns, please let us know.

5. POLICIES: You agree to conduct yourself in a manner appropriate to a volunteer and to abide by and perform your volunteer activities in accordance with Evergreen’s policies and procedures, which may be modified from time to time by Evergreen.

6. TERMINATION OF VOLUNTEER AGREEMENT: Your participation in the volunteer activities is purely voluntary and either you or Evergreen may terminate such participation at any time, without notice.

7. CONFIDENTIALITY: While participating in the volunteer activities and at all times thereafter, you hereby agree that you will keep confidential and not use or disclose outside of Evergreen, any confidential or proprietary information or materials of Evergreen to which you have been exposed or had access to in the course of your volunteer activities, except as may be necessary in the ordinary and proper course of performing the volunteer activities, or as required by law.

8. RELEASE AND WAIVER OF LIABILITY: You understand and agree to the following:

a. You are participating in the volunteer activities at your own choice and, intending to be legally bound, you hereby acknowledge and agree to assume all risk of injury and loss of any kind whatsoever in participating as a volunteer for Evergreen;

b. You agree that you shall be solely responsible for all claims, demands, damages, costs, expenses, actions, causes of action, whether in law or in equity, resulting from any loss, personal injury, or property damage, or for the loss or theft of any property, however caused, as a result of, relating to or arising from your participation as a volunteer for Evergreen; and

c. You hereby waive, release and forever discharge Evergreen and its members, affiliates, agents, and/or representatives and its successors and assigns, to the fullest extent permitted by law, from any and all claims, actions, causes of action, liabilities, obligations, damages, omissions or costs, which you or your heirs, executors, administrators or assigns may have or which may hereinafter result from, relate to or arise from your participation as a volunteer for Evergreen, including but not limited to, loss, personal injury, property damages, or loss or theft of property, however caused. For greater certainty and without limiting the foregoing, the release and waiver of liability hereunder will be binding upon you and your heirs, executors, administrators and assigns.

9. PHOTOGRAPHS/RECORDINGS: You hereby consent to be photographed and/or recorded in connection with your participation in the volunteer activities. You hereby grant and convey to Evergreen all right, title, license and interest in any and all photographic images and video and audio recordings made by Evergreen during the course of the volunteer activities, including all royalties, proceeds or other benefits derived from such photographs or recordings. You also waive any and all rights, including moral rights, that you have in the photographic images or video and audio recordings made by Evergreen or its assignees or licensees. You understand that Evergreen may use, modify and/or publish these photographic images and video and audio recordings in any manner it considers appropriate, including in any promotional materials, website, or other media, without any compensation or additional permission from you.

10. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and will be treated in all respects as an Ontario contract.

Please confirm your acceptance of the foregoing terms and conditions and your agreement to be bound by those terms and conditions by executing the enclosed duplicate of this letter and returning the same to me before your shift.

I acknowledge that I have read, fully understand and accept all terms and conditions of this Agreement. I further acknowledge that I have had an opportunity to seek clarification regarding my rights and obligations hereunder. I have signed this Agreement freely and voluntarily and without any inducement, assurance or guarantee being made to me. I have reviewed the Waiver of Claims, Release of Liability and Assumption of Risk, and Indemnity Agreement provided to me by Evergreen in relation to my participation on flood cleanup crew volunteer activities, and I agree to its terms. 

Where the volunteer is under 18 years of age, the volunteer’s parent or legal guardian must also complete the section below.

As the parent or legal guardian of the child/minor named below, I hereby give my permission for my minor child to volunteer at Evergreen. I acknowledge that I have read, fully understand and accept all terms and conditions of this Agreement and that I will ensure my child complies with same. I further acknowledge that I have had an opportunity to seek clarification regarding my child’s rights and obligations hereunder. I have signed this Agreement freely and voluntarily and without any inducement, assurance or guarantee being made to me. I have reviewed the Waiver of Claims, Release of Liability and Assumption of Risk, and Indemnity Agreement provided to me and my child by Evergreen in relation to my child's participation on flood cleanup crew volunteer activities, and I agree to its terms.