HKYFS Youth Job Bank Participation

PLEASE READ CAREFULLY

This agreement affects legal rights. The Job Bank introduces or provides contact information among youth, parents or guardians, local businesses, nonprofit organizations, households, and other persons seeking paid workers or volunteers. Youth and Family Services of Haddam-Killingworth is not the Youth’s employer, joint employer, staffing agency, employment agency, agent, supervisor, guarantor, insurer, or provider of transportation. Except to the extent that Youth and Family Services of Haddam-Killingworth expressly agrees otherwise in a separate signed writing, Youth and Family Services of Haddam-Killingworth does not select, direct, control, inspect, supervise, train, schedule, pay, discipline, or evaluate the Youth or any participating business, organization, household, or individual.

Terms of Youth and Parent/Guardian Participation:

Terms of Youth and Parent/Guardian Participation

1. Referral Service Only; No Endorsement or Guarantee. The Parent and Youth understand that the Job Bank is a community referral service only. A listing, referral, introduction, transmission of contact information, or other communication by Youth and Family Services of Haddam-Killingworth is not a recommendation, endorsement, certification, warranty, or guarantee concerning any person, business, organization, household, position, assignment, workplace, compensation arrangement, supervision, transportation, equipment, training, legal compliance, safety, suitability, character, qualifications, financial condition, or insurance coverage. Youth and Family Services of Haddam-Killingworth does not promise that the Youth will receive any interview, work, volunteer opportunity, compensation, training, or benefit.

2. Independent Decision and Direct Relationship. The Parent and Youth, and the person or entity offering an opportunity (the “Host”), independently decide whether to communicate, interview, and enter into a paid-work or volunteer relationship. Any agreement concerning duties, location, schedule, compensation, supervision, transportation, training, tools, protective equipment, confidentiality, taxes, insurance, or termination is solely between the Youth, the Parent where applicable, and the Host. Participation in the Youth and Family Services of Haddam-Killingworth Job Bank does not create an employment, agency, partnership, joint venture, fiduciary, custodial, special, or other legal relationship between Youth and Family Services of Haddam-Killingworth and the Youth, Parent, or Host.

3. Parent’s Screening and Approval Responsibilities. Before every interview, placement, or assignment, the Parent agrees to make an independent inquiry and determine whether the Host, workplace, duties, schedule, supervision, transportation, equipment, compensation, and other circumstances are lawful, appropriate, and reasonably safe for the Youth’s age, maturity, skills, health, and experience. The Parent is responsible for:

·speaking directly with the Host and verifying the Host’s identity, address, contact information, references, and authority to offer the opportunity;

·attending the initial interview and visiting the work or volunteer location when reasonably possible;

·confirming in writing the duties, location, schedule, compensation, supervision, transportation, required training, emergency procedures, and persons who will be present;

·determining whether any background check, reference check, license verification, insurance verification, site inspection, or other screening is appropriate and completing or obtaining it;

·ensuring compliance with applicable restrictions on the employment of minors, working papers or certificates, permitted hours, prohibited or hazardous occupations, minimum wage, payroll, tax, workers’ compensation, and other legal requirements; and

·remaining reasonably available to the Youth and promptly addressing any safety concern, inappropriate conduct, nonpayment, or other problem.

Unless Youth and Family Services of Haddam-Killingworth expressly states otherwise in a separate signed writing, Youth and Family Services of Haddam-Killingworth does not conduct criminal-history checks, sex-offender registry checks, reference checks, license checks, insurance checks, workplace inspections, or safety assessments.

4.Youth Responsibilities. The Youth agrees to provide accurate information, involve the Parent in all material communications, follow lawful safety instructions, use required protective equipment, avoid duties outside the Parent’s approval, keep reliable time and payment records, and promptly report any injury, threat, harassment, unsafe condition, illegal request, nonpayment, or other concern to the Parent and Youth and Family Services of Haddam-Killingworth. The Youth may refuse or stop any task the Youth reasonably believes is unsafe, unlawful, inappropriate, or beyond the Youth’s training or ability, and should contact the Parent immediately.

5.Host Responsibility Not Shifted. Nothing in this agreement relieves a Host of any duty imposed by law, including duties concerning workplace safety, supervision, child labor, wages, payroll, taxes, workers’ compensation, discrimination, harassment, abuse prevention, or insurance. Youth and Family Services of Haddam-Killingworth's role disclaimer does not make the Parent responsible for a Host’s legal obligations.

6.Acknowledgment and Assumption of Inherent and Third-Party Risks. The Parent and Youth understand that interviews, travel, paid work, and volunteer service may involve foreseeable and unforeseeable risks, including bodily injury, illness, death, emotional distress, harassment, abuse, theft, property loss or damage, nonpayment, disputes, exposure to animals, allergens, weather, traffic, tools, machinery, lawn equipment, snow and ice, ladders, lifting, private homes, unfamiliar premises, other workers, customers, and members of the public. Some listed activities may not be lawful or appropriate for every age. The Parent and Youth knowingly accept the risks inherent in approved activities and the risks arising from the acts, omissions, conditions, or misconduct of Hosts and other third parties, except to the extent a risk or claim cannot lawfully be assumed or waived. This acknowledgment does not waive a Host’s legal duties or authorize prohibited work.

7.Limited Release of Youth and Family Services of Haddam-Killingworth. To the fullest extent permitted by applicable law, the Parent, individually and on behalf of the Parent’s heirs, estate, representatives, and assigns, releases and agrees not to sue Youth and Family Services of Haddam-Killingworth and its current and former directors, officers, employees, volunteers, agents, representatives, donors, and participating municipalities (collectively, the “Youth and Family Services of Haddam-Killingworth Parties”) for claims belonging to the Parent that arise from or relate to:

·the Parent’s or Youth’s voluntary use of or participation in the Job Bank;

·Youth and Family Services of Haddam-Killingworth’s listing, referral, introduction, or transmission of information;

·the Parent’s or Youth’s selection or rejection of a Host or opportunity;

·any interview, communication, assignment, workplace, transportation, payment dispute, or relationship involving a Host or third party; or

·the acts, omissions, representations, misconduct, negligence, premises, equipment, vehicles, animals, or other conditions of a Host or third party.

This release applies even if a claim alleges that a Youth and Family Services of Haddam-Killingworth Party was negligent in making a referral, transmitting information, failing to investigate or screen a Host or opportunity, failing to warn of a condition not actually known to that the Youth and Family Services of Haddam-Killingworth  Party, or otherwise administering the Job Bank, but only to the extent such a release is enforceable under applicable law.

8. Express Exclusions and Preservation of Nonwaivable Rights. This agreement does not release, waive, limit, or indemnify against:

·reckless, willful, wanton, fraudulent, malicious, or intentional misconduct by an Organization Party;

·a Youth and Family Services of Haddam-Killingworth  Party’s knowing violation of law;

·any claim or remedy that applicable law or public policy does not permit to be released or waived in advance;

·any workers’ compensation, wage, child-labor, discrimination, harassment, or other statutory right that cannot lawfully be waived;

·a Host’s obligations or liability; or

·any claim belonging solely to the Youth if a Parent is not legally permitted to release that claim in advance.

If a court determines that any portion of the release is unenforceable, the remaining permitted portions are intended to remain effective.

9. Parent’s Release of Derivative Claims. To the fullest extent permitted by law, the Parent separately releases the Youth and Family Services of Haddam-Killingworth  Parties from any claim belonging to the Parent and derived from injury or loss to the Youth, including claims for medical expenses, loss of services, loss of consortium, emotional distress, or similar derivative loss, to the extent arising from matters described in Section 7. This provision does not purport to release any right that cannot lawfully be waived.

10. No Parent Indemnity for Youth and Family Services of Haddam-Killingworth own Misconduct. The Parent is not required by this agreement to indemnify a Youth and Family Services of Haddam-Killingworth Party for that  Youth and Family Services of Haddam-Killingworth Party’s own negligence or other misconduct. The Parent remains responsible for the Parent’s own acts, the accuracy of information supplied by the Parent or Youth, and compliance with the Parent’s express obligations in this agreement.

11. Emergency Care and Transportation. The Parent remains responsible for emergency planning and transportation. If Youth and Family Services of Haddam-Killingworth's personnel are present during an emergency and the Parent cannot be reached, the Parent authorizes them to contact emergency services and disclose reasonably necessary identifying and medical information. This authorization does not require Youth and Family Services of Haddam-Killingworth to provide medical care, supervision, or transportation and does not replace the Host’s emergency responsibilities. The Parent is responsible for medical costs except to the extent another person or insurer is legally responsible.

12. Information Sharing and Privacy. The Parent authorizes Youth and Family Services of Haddam-Killingworth to collect, use, and disclose the Youth’s approved contact information, age range, general availability, skills, certifications, and work or volunteer interests to potential Hosts for Job Bank purposes.  Youth and Family Services of Haddam-Killingworth will not intentionally disclose the Youth’s date of birth, home address, medical information, school schedule, or other sensitive information except with the Parent’s consent, as reasonably necessary for program administration or safety, or as required by law. The Parent and Youth understand that information disclosed to a Host may be outside Youth and Family Services of Haddam-Killingworth's control.

13. Term; Withdrawal; Suspension. This agreement begins when signed and continues unless the Parent withdraws the Youth in writing. Withdrawal does not affect provisions intended to apply to prior referrals or activities. Youth and Family Services of Haddam-Killingworth may refuse, suspend, or end participation at any time for safety, legal, operational, capacity, or program-integrity reasons, without guaranteeing an investigation or particular outcome.

14. Reporting and No-Retaliation Expectation. The Parent and Youth should promptly report suspected abuse, exploitation, harassment, discrimination, unsafe work, prohibited duties, nonpayment, or other misconduct to Alli Behnke, Co-Executive Director (alli.behnke@hkyfs.org; 860-345-7498) and, when appropriate, law enforcement, child-protection authorities, labor authorities, or emergency services. A report to Youth and Family Services of Haddam-Killingworth is not a substitute for contacting emergency or governmental authorities. Youth and Family Services of Haddam-Killingworth may disclose a report when required by law or reasonably necessary to protect a person or administer the program.

15. Governing Law; Severability; Reformation. Connecticut law governs this agreement, without regard to conflict-of-law rules. Any provision held invalid or unenforceable shall be severed or, if permitted, narrowed to the minimum extent necessary so that the remaining provisions remain effective. No invalid provision shall be rewritten to impose a waiver broader than applicable law permits.

16. Entire Agreement; No Oral Modification. This agreement and any incorporated program guidelines contain the entire agreement between Youth and Family Services of Haddam-Killingworth, Parent, and Youth concerning Job Bank participation. A change must be in a writing signed by Youth and Family Services of Haddam-Killingworth and the Parent. If program guidelines conflict with this agreement, this agreement controls.