Pegasi Northwest, a federal 501c(3) non-profit arts education corporation, which may be hereinafter referred to as the “Organization” and the party whose name appears below who is signing this Agreement, who is hereinafter referred to as “Volunteer” or “You” or “Your” should it be appropriate for the context, wish to enter into an agreement whereby Volunteer agrees to donate services to the above named Organization, and the Organization agrees to accept donation of Volunteer’s services. Therefore, in consideration of the mutual promises, the parties hereto agree to abide by the terms of this Agreement, once said Agreement is executed and agreed to by both parties. This Agreement will be considered executed and agreed to by both parties when signed by the Volunteer or when the Volunteer makes some other affirmative act evidencing an intent to be bound by this Agreement.
The parties agree that the following terms shall have the following meanings:
The Volunteer Supervisor or VS is the person to whom the Volunteer has been reporting thus far with regard to training and supervision and the performance of any services, or any such person as designated in a writing, signed by a board member, if such designation is made between the dates of May 17, 2019 and May 19, 2019.
The Specific Volunteer Services or SVS are all services the Volunteer has agreed to perform for the Organization up until May 19, 2019.
The people designated as board members on any official government document at the time this Agreement is entered into are hereinafter referred to as Board Members.
Host Hotel is DoubleTree Hotel Seattle Airport
Website of Organization is https://everfreenw.com/
As a Volunteer, You understand and agree that:
- You are providing all the services provided by You to Organization, including SVS, voluntarily and without any form of coercion.
- Any services for the Organization which are performed or provided by You, the above named Volunteer, be the services SVS or any other services, are agreed by both parties to be classified as services donated to the Organization, and You do not expect, and all parties are agreed You will not receive, any present or future salary, wages, or other benefits because of Your performance of any said SVS/services, and that You are unpaid for any said SVS/services and no part of any assets or income of The Organization shall be paid to You or inure to Your benefit for any reason related to said SVS/services.
- While performing the SVS You have agreed to perform in this Agreement, or any other services You perform for the Organization, You will do your best to follow the reasonable instructions and supervision and direction of Your Volunteer Supervisor or any board member and also to participate in any training that is required in order to perform the SVS.
- You, not the Organization, are responsible for any injuries or damages to You or to third parties or to Organization that result from Your negligent, grossly negligent, or willfully wrongful actions or inactions, or result from any action of Yours which is not authorized by Your VS or a board member while You are performing any services for the Organization, be they SVS or not.
- You may also be liable criminally for any unlawful actions or gross negligence or willful misconduct.
- You will cooperate with the Organization and its agents in any investigation, lawsuit or alternative dispute resolution proceedings, or any other legal, quasi-legal or governmental proceeding which arise for matters covered by this Agreement.
- You are at least 18 years of age or have provided a complete Minor Volunteer Agreement, have the capacity to enter into this Agreement, are not under the influence of any substance which would prohibit You from giving consent to this Agreement and You feel You can perform the services You have volunteered to donate, also known as the SVS, with or without reasonable accommodation.
- You agree to report any known injury or damage which You know has affected a third party or the interests of the Organization to Your VS or a Board Member as soon as is reasonable.
- Any information which comes into your possession exclusively due to your performance of any SVS/services performed for Organization shall not be revealed by you, if said information is not public information. Such information shall hereinafter be called Privileged Information.
- You agree that, from May 17, to May 19, 2019, the Organization may ask you to perform up to 16 hours of total SVS (not in a single shift) and you will do your best to comply with that request.
- You will report to the front desk of the Host Hotel to begin providing the SVS You have agreed to provide herein on May 17, 2019 at 8 am if possible , or any other place and time you have agreed to report, though, at the discretion of the Organization, You may not begin Your shift exactly at that time.
- If you breach this Agreement or any code of conduct or policy that is part of this Agreement, the Organization can terminate this Agreement and ask you to cease performing any services for the Organization, and that, should Organization ask you to cease performing any services for Organization due to a breach of this Agreement or any code of conduct or policy, you will do so promptly. You further agree that, in addition to any other remedies available at law for tort or breach of this Agreement, which the Organization hereby reserves, that the Organization further reserves the right to relieve You of Your duties at any time if, in the sole discretion of the Organization, You are endangering the Organization or any third parties, and at that point the Organization shall no longer require Your services and You agree to cease performance of all said services, be they SVS on not, at that point.
- The parties further agree that the Organization can terminate this Agreement for any reason prior to May 11, 2019 at 9 AM.
- You agree to indemnify and hold harmless and defend the Organization, its Directors, volunteers, and other agents, if any, against any lawsuits or any other actions against the Organization which result from your negligence, gross negligence, or willful misconduct.
- The parties agree that Organization can terminate this Agreement and ask Volunteer to cease performing any SVS/services for the Organization for failure to follow any lawful instruction, and Volunteer will, upon said termination, cease performing all SVS/services for Organization.
- This Agreement is governed by the laws of the State of Washington without regard to conflicts of law and You consent to jurisdiction within the State of Washington and further agree that any and all actions relating to this Agreement shall be brought in the appropriate venue within King County, Washington and You agree that this venue is proper and reasonable.
- That You have never been convicted of a felony or misdemeanor, in any jurisdiction within the United States of America, nor have You had a judgment rendered against You involving an act of moral turpitude, including but not limited to fraud, misrepresentation, assault, or battery.
- The Volunteer further agrees that the Organization shall not be held responsible for any damage or injury to the Volunteer due to any occurrence or act or failure to act which is beyond the reasonable control of the Organization.
- The parties agree that this is the only Agreement between the parties related to the subject matter detailed herein and that there are no other agreements related hereto that are not memorialized or referenced within this Agreement and that all other prior agreements between the parties related to the subject matter herein, except those pertaining to any codes of conduct or polices located on the Website named above and its related websites, which are hereby incorporated and made part of this Agreement, are hereby void to the extent that such agreements contradict this Agreement.
- The parties agree that obligations that by their logical nature would survive the termination of this Agreement shall so survive the termination of this Agreement, including but not limited to all promises to cease performance of SVS/services and all promises dealing with Privileged Information and all promises dealing with jurisdiction/venue.
- Parties agree that Volunteer is not and will not be considered an employee of or independent contractor for, the Organization while performing any services for the Organization, be they SVS or any other services, or for any other purposes. Parties further agree that Organization is not and will not be considered an employer of Volunteer while performing any services for the Organization, be they SVS or any other services, or for any other purposes.
- Volunteer understands that the nature of this event and the nature of the SVS or other services Volunteer has agreed to perform for the Organization may put the Volunteer in a position of danger, and Volunteer accepts such risk and waives all right of action against the Organization for any injury to the Volunteer that may result from the any services performed by the Volunteer for the Organization be they SVS or other services unless such injury is caused by the negligence or willful misconduct of the Organization.