Last Modified: February 20, 2018
This agreement (this “Agreement“) sets forth the terms and conditions whereby the volunteer (“you“) agree to provide certain volunteer services to ShareCare Network, P.O. Box 1310, Wrightsville Beach, NC 28480, a North Carolina 503(c)(3) non-profit corporation (the “Company“).
Services. In exchange for granting use to Company’s online networking platform, you agree to provide certain volunteer services to Company on the terms and conditions set forth in this Agreement.You shall use your best efforts to volunteer your time and services to participate as a caretaker in connection with Company’s online networking platform, available at www.sharecarenetwork.org/ (“Services“).
You hereby represent to Company that you possess the necessary skill, knowledge, time, and training to perform the Services promptly, timely, and responsibly. You hereby represent to Company that entering into this Agreement with the Company and your performance of the Services do not and will not conflict with or result in any breach or default under any other agreement to which you are subject. You further represent that you shall perform the Services in compliance with all applicable federal, state, and local laws and regulations.
You agree, prior to providing Services hereunder, to participate in background checks conducted by Company, which background checks shall comprise, at a minimum, a review of credit history, references and criminal record, in accordance with state, federal and local law. Your acceptance to the terms and conditions governing such background checks will be made by separate agreement/s, incorporated herein by reference.
Term. The term of this Agreement shall commence on the date this agreement is executed (“Effective Date“) and shall continue in perpetuity, unless earlier terminated by either party’s thirty days’ written notice to the other party (“Term“). Either party may terminate this Agreement effective immediately, upon written notice to the other party to this Agreement.
Relationship. By signing up for a post, you are a volunteer to Company via Company’s online networking platform, and this Agreement shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between you and the Company for any purpose. You have no authority (and shall not hold yourself out as having authority) to bind the Company and you shall not make any agreements or representations on the Company’s behalf without the Company’s prior written consent.Your time and services in this volunteer capacity are given without promise, expectation or receipt of any form of compensation, benefits, or other remuneration for the Services. You shall furnish, at your own expense, the supplies and materials used to perform the Services.
Confidentiality. You acknowledge that you will have access to information that is treated as confidential and proprietary by the Company including without limitation information pertaining to Company operations and strategies and personal information of the children you offer your services to assist, in each case whether spoken, written, printed, electronic, or in any other form or medium (collectively, the “Confidential Information“). You agree to treat all Confidential Information as strictly confidential, not to disclose Confidential Information or permit it to be disclosed, in whole or part, to any third party without the prior written consent of the Company in each instance, and not to use any Confidential Information for any purpose except as required in the performance of the Services. You shall notify the Company immediately in the event you become aware of any loss or disclosure of any Confidential Information.
Indemnification. You hereby acknowledge and agree that there are certain inherent risks and dangers associated with caring for children. You acknowledge and agree that Company does not provide any Services and only operates as an online networking platform for volunteers to connect with persons in need of the Services, and you understand that any liability associated with your acts or omissions is solely your responsibility. By signing below, you knowingly and voluntarily accept, and assume responsibility for, any and all risks or dangers to you or the child that could arise out of your provision of the Services. You shall defend, indemnify, and hold harmless the Company and its affiliates and their officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising out of or resulting from:(a) bodily injury, death of any person, or damage to real or tangible, personal property resulting from your acts or omissions; and(b) your breach of any representation, warranty, or obligation under this Agreement.
Assignment. This agreement is personal to you. You shall not assign any rights, or delegate or subcontract any obligations, under this Agreement without the Company’s prior written consent. Any assignment in violation of the foregoing shall be deemed null and void. The Company may freely assign its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Furthermore, you agree that by clicking accept or agree where prompted, that action shall be your electronic signature, and that electronic signatures, electronic records, and electronic records shall be given full force and effect, as if they were original, hand-executed documents. You also agree that the Electronic Signature in Global and National Commerce Act (15 U.S. Code § 7001) and the Uniform Electronic Transactions Act (N.C.G.S 66-311 § et. seq.) shall apply.