Volunteer Waiver
This VOLUNTEER HOLD HARMLESS AGREEMENT (hereinafter, "Agreement") is made effective on todays date between Lifeline of Galveston County (hereinafter, "Lifeline of Galveston County") and the agreed volunteer. Lifeline of Galveston County and volunteer are sometimes individually referred to as "Party" and collectively referred to as the "Parties."'
WHEREAS, the volunteer could be performing services such as, but not limited to: cleaning kennels, walking dogs, transporting animals, housing animals, trapping cats, handling cats, handling dogs, cleaning of traps and equipment, clerical tasks, laundry, photography and so forth for Lifeline of Galveston County.
WHEREAS, in exchange for valuable consideration, the volunteer desires to hold harmless Lifeline of Galveston County from any claims and/or litigation arising out of the volunteers performance of the work of providing these services.
NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, Lifeline of Galveston County and the volunteer hereby agree as follows:
TERMS
1. Hold Harmless. The volunteer shall fully defend, indemnify, and hold harmless Lifeline of Galveston County, Lifeline of Galveston County employees, board members, officers, directors, and volunteers from any and all claims, lawsuits, demands, causes of action, liability, loss, damage and/or injury, of any kind whatsoever (including without limitation all claims for monetary loss, property damage, equitable relief, personal injury and/or wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of, in any way whatsoever, any acts, omissions, negligence, or willful misconduct on the part of the volunteer, its officers, owners, personnel, employees, agents, contractors, invitees, or volunteers. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to Lifeline of Galveston County for all legal fees, expenses, and costs incurred by it.
2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the actual legal power, right, and authority to make this Agreement and bind each respective Party.
3. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.
5. Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party, if any, shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which that Party is entitled. In the event that it is the subject of dispute, the court or trier of fact who presides over such legal action or proceeding is empowered to determine which Party, if any, is the prevailing party in accordance with this provision.
6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.
7. Enforceability, Severability, and Reformation. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. The intent of the Parties is to provide as broad an indemnification as possible under Texas law. In the event that any aspect of this Agreement is deemed unenforceable, the court is empowered to modify this Agreement to give the broadest possible interpretation permitted under Texas law.
8. Applicable Law. This Agreement shall be governed exclusively by the laws of Texas, without regard to conflict of law provisions.
9. Exclusive Venue and Jurisdiction. Any lawsuit or legal proceeding arising out of or relating to this Agreement in any way whatsoever shall be exclusively brought and litigated in the federal and state courts of Texas. Each Party expressly consents and submits to this exclusive jurisdiction and exclusive venue. Each Party expressly waives the right to challenge this jurisdiction and/or venue as improper or inconvenient. Each Party consents to the dismissal of any lawsuit that they bring in any other jurisdiction or venue.
10. Signatures. This Agreement shall be signed on behalf of Lifeline of Galveston County, and by the "Agreed" volunteer (and guardian if a minor) and effective as of todays date.
CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement is entered into on today's date, by and between Lifeline of Galveston County (hereinafter Lifeline or the ORGANIZATION) and the volunteer or board member (hereinafter Board Member or Volunteer).
In consideration of the mutual promises and covenants set forth herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the organization and Board Member or Volunteer hereby agrees as follows:
1) The Volunteer or Board Member works without pay for the Organization at his or her choice for the benefit of the Organization and to further the mission of Lifeline.
3) Board Member or Volunteer is subject to all Organization rules as outlined in current Lifeline policies and procedures.
4) Board Member or Volunteer agrees s/he owes duties of loyalty and confidentiality to the Organization at all times during his or her volunteer work and following the conclusion of her or his volunteer work, whether voluntary or involuntary, and agrees to hold in the strictest confidence any Confidential Information (as defined below) of which s/he has knowledge.
5) Board Member or Volunteer agrees that s/he will not use any such Confidential Information for his or her own benefit or to the detriment of the Organization and/or its Board of Directors and/or Officers during his or her work with the Organization or anytime thereafter. Unless required by law, a Board Member or Volunteer agrees not to disclose Confidential Information without express written authorization by the Executive Director or Board of Directors to anyone other than the following people who are permitted access to Confidential Information.
a) Other Board Members or Volunteers of the Organization who also have access to such information.
b) Current members of the Board of Directors; and/or
c) Consultants to the Organization, as directed by the Executive Director or the Board of Directors.
5) Confidential Information shall mean any information, including but not limited to, internal Lifeline activities, proprietary Organization information, donor lists and projects, customer lists and projects, data of any kind, animal care techniques, vendor lists, operating methods, trade secrets, costing, pricing and financial data, financial statements and projections, project results and tests, Organization business plans and proposals, data and information the Organization receives in confidence from any other party, personnel matters, or any confidential matters of the organization.
6) This Agreement is by and between Lifeline of Galveston County (Lifeline) and its volunteers and any other individual receiving access to any documents, databases, or any other material maintained by Lifeline. By accessing the materials or information systems of Lifeline of Galveston County ("Lifeline"), you agree to abide by any access and acceptable usage policies Lifeline establishes.
a) You agree not to share the password or access to your accounts with anyone.
b) You agree that all information contained in these accounts is confidential and is the property of Lifeline. This includes, but is not limited to, sharing a pet's file with any other person or making copies (electronic, digital download, or paper copies), sharing owner, caretaker or adopter's information with anyone, using information obtained to contact adopters, caretakers, or owners and/or accessing their contract(s) and personal information for any personal purpose.
c) You agree that your access to and use of the information is limited to legitimate Lifeline usage and terminates when your volunteer status terminates.
d) You agree to take reasonable measures to maintain the confidentiality of the information and security of the accounts.
7) Any inventions, discoveries and ideas ("Technology") that I develop while performing work assigned to me by the Organization are owned by the Organization. I will sign any assignment or other document requested by the Organization to establish the Organization's ownership of the Technology and to permit the Organization to obtain and retain patents, copyrights, trademarks and other indications of ownership, without charge to the Organization, but at no expense to me. If there is Technology that I developed before becoming employed by the Organization and to which I claim ownership, I have informed the Organization of them in writing prior to the signature of this Agreement.
IN WITNESS WHEREOF, the Organization and Board Member or Volunteer have executed and delivered this Confidentiality Agreement as of today's date.
