315 Ohlones Street, Fremont, CA 94539. Email: Volunteer@ayurveda-caam.org
VOLUNTEER AGREEMENT
In consideration of serving as a volunteer for the CALIFORNIA ASSOCIATION OF AYURVEDIC MEDICINE (CAAM), the data and/or facilities made available to me by CAAM, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I understand, acknowledge, and agree:
No Compensation; Termination. I voluntarily, for civic and/or humanitarian reasons, have donated and/or will donate hours of service to CAAM. CAAM makes no promise to compensate me for the donated services (the “Donated Services”) or provide me benefits related to the Donated Services, and I do not expect to receive such compensation or benefits from CAAM. I understand that this volunteer agreement (the “Agreement”) does not constitute a contract for service, engagement, or employment. CAAM makes no representation or guarantee by way of this Agreement, or otherwise, that it will accept or continue the Donated Services. My relationship with CAAM may be terminated by CAAM or me at any time and for any reason by submitting a request for termination in writing by either party.
Unauthorized Activity. I am not authorized to assume or create any obligation or responsibility, express or implied, on behalf of, or in the name of, CAAM or to bind CAAM in any manner, unless and until, in each instance, I receive prior written approval from CAAM to so assume, obligate, or bind CAAM. I shall not hold myself out to the public as an employee or other representative of CAAM, or make any claims, promises, representations or warranties on behalf of CAAM, without the prior written approval of CAAM.
Confidentiality.
Confidential Information. In the course of providing Donated Services to CAAM, I have had and/or will have access to confidential and proprietary information of CAAM, including technical information, computer software, social media resources, know how, business and marketing plans, strategies, member lists and information, supplier lists and information, training and operational procedures, other information concerning CAAM services, processes, promotions, development, financing, business policies and practices, and other forms of information considered by CAAM to be confidential and proprietary or in the nature of trade secrets (collectively, the “Confidential Information”). To the extent Confidential Information does not qualify as a trade secret under applicable law, it will nonetheless be protected under this Agreement. CAAM has a strong and legitimate business interest in preserving and protecting its Confidential Information. This information is a valuable asset of CAAM, and if disclosed, would cause CAAM significant and irreparable harm.
Excluded Information. Confidential Information does not include information that: (a) prior to entering into a relationship with CAAM, was rightfully in my possession free of any obligation of confidence with respect to the information; (b) I independently acquired or developed without violating any obligation under this Agreement and without the use of any Confidential Information; (c) is or becomes generally available to the public through no fault of mine; or (d) I received without restriction from a third party who was lawfully in possession of such information, and was not in breach of any contractual or other obligation of confidentiality to CAAM or any other individual or entity with respect to the disclosure of such information.
Nondisclosure. From the date of execution of this Agreement, and forever thereafter, I will not directly or indirectly, disclose, furnish or make accessible to any individual or entity, or copy, take or use for my own benefit or the benefit of any other individual or entity other than CAAM, any Confidential Information, except: (a) as required by law, government regulation, or court order; or (b) with CAAM’s prior written consent. In the event I am requested or required to disclose any Confidential Information in connection with any legal or administrative proceeding, I will, to the extent not prohibited by law, promptly notify CAAM in writing of such request or requirement so that CAAM can seek an appropriate protective order or other remedy to prevent or limit disclosure of the Confidential Information. In the event that such protective order or other remedy is not obtained, I will furnish only that portion of the Confidential Information that, in the written opinion of my attorney, is legally required to be disclosed, and I will use my best efforts to obtain assurances that confidential treatment will be accorded to such information.
Return of Association Property. All right, title and interest in and to Confidential Information will remain the property of CAAM. Upon termination of my relationship with CAAM, and at any time CAAM may so request, I shall promptly supply to CAAM all Confidential Information and other memoranda, notes, records, drawings, manuals, computer software, documents and materials, of any kind or nature whatsoever (and all copies thereof), produced, compiled or received by me in the course of providing Donated Services to CAAM (including all such property produced, compiled or received by me prior to the date of this Agreement). For purposes of this Agreement, termination of my relationship with CAAM shall be deemed to have occurred on the last day I provide Donated Services to CAAM, or the effective date of the termination of my relationship with CAAM, whichever date is later.
Notification. If CAAM knows, or has any reason to believe, that I am in violation of any restrictive covenant or other provision of this Agreement, CAAM may notify any third party who may be involved in such violation. Such notification shall not adversely affect CAAM’s ability to enforce this Agreement, or give rise to any defense, claim or cause of action against CAAM. I will immediately notify CAAM of any known breach of this Agreement.
Conflict Disclosure. I have disclosed in writing to CAAM every known conflict relating to my ability to provide Donated Services to CAAM, and my obligation of loyalty to CAAM. If I discover any such conflict during the course of providing Donated Services to CAAM, I will immediately, and prior to performing any additional Donated Services for CAAM, provide CAAM written notice of the conflict. In the absence of written notice of a conflict, CAAM may assume that no conflict exists.
Work for Hire. Any and all materials of any kind generated, designed or developed by me, or under my direction or on my behalf, in the course of providing Donated Services to CAAM (the “Materials”) shall be considered “work made for hire” for purposes of the copyright laws of the United States, and shall be the property of CAAM. Any and all proprietary and other rights (including renewal rights) in the Materials shall belong to CAAM. At any time CAAM may so request, I will execute any and all documents necessary to grant full exclusive right, title, and interest in the Materials to CAAM.
Assumption of Risk. Any and all activities performed and events attended in the course of providing donated services to CAAM shall be at my own risk. I understand the risks associated with the activities and events, including risk of physical injury (up to and including death), psychological injury, pain, suffering, illness, disfigurement, disability and economic loss. I also understand that these injuries and outcomes may arise from my own or others’ actions, inactions, or negligence, or the conditions or locations of the activities and events. I hereby knowingly and voluntarily accept and assume responsibility to the fullest extent permitted by law for each of the aforementioned risks and all other risks and dangers that could arise from, or which are related in any way to, the activities and events, whether such risks are known or unknown or foreseeable or unforeseeable, and including risks associated with travel to or from any location (by air, train, motor vehicle or otherwise). I will follow all applicable policies and procedures of CAAM in connection with the activities and events.
Insurance. I understand that as a volunteer for CAAM, I do not qualify for workers’ compensation benefits for any injury, damage, loss or expense related to the Activities and Events. I also understand I will not be covered by any Association insurance policy (health, liability, workers’ compensation, travel, etc.), and it is my responsibility to carry appropriate insurance. I assume responsibility for all property damage, personal injuries, medical expenses, and other losses and expenses of any kind or nature whatsoever, which I incur or sustain as a result of or related in any way to my participation in the Activities and Events.
Use of Image. I understand that CAAM produces events and promotional matial which may generate recordings (audio and video) or still images that may be used in other publicity formats. Volunteers may be featured in these. I hereby irrevocably grant to CAAM the unrestricted, non-exclusive and assignable right to use my name, photograph, image, likeness, voice and biographical information obtained as a result of my participation in the Activities and Events for CAAM, such as attendance at a conference or forum, for purposes of advertising, trade or publicity, in any manner, medium or forum anywhere, without compensation, in perpetuity, and without prior notification to me.
Notices. All notices under this Agreement shall be in writing and shall be considered as properly given if hand delivered, or sent by certified mail or overnight delivery service, to the address indicated on the signature page of this Agreement, or such other address as I may designate by like notice to CAAM. All such notices shall be deemed to have been received on the date of hand delivery, on the third business day after mailing, or on the first business day after deposit with the overnight delivery service.
Non-Waiver. No delay or omission by CAAM in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by CAAM on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion. CAAM’s failure to enforce this Agreement against any other volunteer shall not adversely affect CAAM’s ability to enforce this Agreement against me, nor shall it give rise to any defense, claim or cause of action by me against CAAM.
Construction; Severability; Survival. This Agreement shall be construed within the fair meaning of each of its terms and not against the party that drafted the Agreement. The titles and headings in this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the Agreement. The terms “include” and “including” indicate examples of a predicate word or clause and not a limitation on that word or clause. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portion of a provision) shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law. Each covenant of this Agreement shall be construed as a covenant independent of any other covenant or provision of this Agreement or any other agreement, whether fully performed or executory, and the existence of any claim or cause of action by me against CAAM, whether predicated on this Agreement or otherwise, shall not constitute a defense to CAAM’s enforcement of any of its rights or remedies available pursuant to this Agreement or otherwise. Those provisions of this Agreement that by their nature or express terms are intended to survive termination or expiration of this Agreement or my relationship with CAAM shall so survive.
Entire Agreement; Modification. This Agreement contains the entire agreement between CAAM and me with respect to the matters covered herein. No attempted modification, amendment, termination or waiver of any provision of this Agreement shall be binding unless reduced to writing and executed by the party against whom the same is sought to be enforced.