What Is a Volunteer Agreement?
A volunteer agreement is an essential tool for any organization that wishes to establish a clear understanding of the expectations and responsibilities between the organization and its volunteers. It is a legally binding document that outlines the terms and conditions under which a volunteer will perform their duties, as well as the rights and responsibilities of both parties.
The primary purpose of a volunteer agreement is to protect both the organization and the volunteer by clearly outlining all of the responsibilities of each party. This includes what tasks the volunteer will perform, when they will be doing them, and any other details that are important to the organization. For instance, if your group works with children or vulnerable adults, a volunteer agreement may include information about the screening process that each individual must go through before they can volunteer. If your group has strict financial policies, it may outline how to handle the organization’s money. Social media policies may also be important to include in order to help protect the organization’s and the volunteer’s reputation.
While it is important for both sides to have a general understanding of the expectations , the agreement also helps to avoid any assumptions that could lead to problems down the road. For example, if it is not stipulated that a volunteer cannot accept gifts during their service, a donor may not think twice about taking a volunteer out to dinner after they had helped him or her out. However, the money spent on the dinner could easily stretch the volunteer’s budget and could also create hard feelings among other volunteers who were not invited.
Although it may be tempting to come up with a volunteer agreement that is a generic template that can be filled in by the volunteer organization and adapted to fit any purpose, it is important to remember the key function of a volunteer agreement is to protect both the organization, as well as the volunteer. Having a comprehensive agreement helps to ensure all bases are covered and can prevent unnecessary misunderstandings and poor outcomes. Careful consideration should be taken so that the requisite details are included in the agreement that have specifically been determined to be expectations of the volunteer.
Key Components of a Volunteer Agreement
As with any contract, the terms will vary depending on the particular situation. However, certain components must be included in a volunteer agreement to ensure that both the nonprofit organization and the volunteer are equally protected. Below, we highlight general content for a typical volunteer agreement.
Responsibilities
The agreement should spell out the mutually agreed upon responsibilities for both parties. For example, a comprehensive volunteer agreement may describe:
Expectations
While responsibility relies on the parties to fulfill stated obligations, the success of the program hinges on the organization’s ability to deliver on promised actions. Success may depend on preparatory actions such as:
Duration of the Relationship
It is important to determine the length of the relationship between the parties. For example, a volunteer may be necessary for a particular event. Or, the board of directors may request on-going volunteer support for an extended time period. With these determinations made, the parties should outline a clear start and end date for the relationship.
Confidentiality
A confidentiality clause offers important protections for the organization. It is important to protect company information and trade secrets from unauthorized disclosure.
Legalities and Considerations
The use of volunteer agreements can mitigate potential liabilities, provide clarity on terms of service, and establish a stronger relationship between the organization and the volunteer. They also allow both parties to comply with both state and federal laws regarding the retention of information, which is particularly important for organizations that receive both state and federal funding. Organizations are often subject to questions from potential volunteers and donors regarding their policies governing the retention of records.
Both state and federal regulations may trigger document retention requirements. As a threshold consideration, keep the following in mind:
State Laws
California law permits non-profits to destroy the following documents thirty-six (36) months after the end of the calendar year (who knows why they chose three years?!): (1) bank statements; (2) payroll tax records; (3) quarterly state unemployment tax records; and (4) employee records. The other requirement is that the "issuer" must consent to the destruction first. That is, third parties such as vendors and clients need to be notified. This does not apply to lawyers, however.
The Unruh Act, California’s anti-discrimination legislation, does not allow for age discrimination. However, it is not entirely clear how it would apply to volunteers. Probably best practices would be to avoid asking for or using age-related information for volunteer opportunities. California labor code section 132a provides that employees cannot be terminated on account of filing workers’ compensation claims or receiving workers’ compensation benefits. A court has held that this statute applies to employees who volunteer their services in connection with a workers’ compensation claim.
Federal Laws
The Americans with Disabilities Act (ADA) protects people with disabilities from being discriminated against based on their medical history. While volunteers are not protected by ADA, organizations may not discriminate on the basis of disability against volunteers.
The Federal Trade Commission Act prohibits false or misleading statements in the offer of a product or service for sale. Organizations may use volunteers to develop promotional materials, advertise a company’s goods or services, and provide other promotional activities. In order to protect itself, the organization should include language that the volunteer will abide by FTC rules. Volunteers may be asked to disclose that they are volunteers when making promotional materials, and to disclose conflicts of interest.
Benefits of a Thorough Volunteer Agreement
Both organizations and volunteers stand to gain from a well-composed volunteer agreement. In the case of a charity, a comprehensive volunteer agreement creates a sense of trust, fairness, and assurance in the organization. The volunteer knows that the organization values their contribution and has taken the time to properly lay out obligations and terms. There is a clear understanding of what the organization is and is not responsible for. Likewise, a good volunteer agreement may reduce the risk of volunteer burnout by setting out reasonable expectations and terms. In fact, volunteer retention may increase simply because the volunteer is cognizant of the time, effort, training, and commitment involved in the role. Knowing that the organization is investment in its volunteers may enhance retention and recruit more volunteers to choose your organization over another opportunity.
A well-written volunteer agreement is not only beneficial in an organizational capacity, but it also provides a layer of legal protection to both the organization and the volunteer. For the organization, a volunteer agreement can define the relationship and scope of duties and services to be performed by the volunteer. This can protect the organization from liability resulting from the acts or omissions of the volunteer. If a volunteer is doing work under the guise of an organization and without an agreement in place, the organization may be liable for the volunteer’s misconduct, such as personal injury, destruction of property, or other tortious acts. If an organization has a volunteer agreement in place, it may be protected from any alleged misconduct of the volunteer.
How to Develop a Comprehensive Volunteer Agreement Template
Organizations can consider developing a volunteer agreement template that can be easily modified to fit other volunteer roles or individual projects. Allowing for some room to easily adjust the template allows an organization to adapt to changing volunteer needs over time. For example, in lieu of drafting a new sample each time a particular volunteer role is created (e.g., a volunteer for hospitals, childcare programs, coaching programs, etc.), an organization can create a volunteer agreement template tailored to express the specific requirements of that role or program . Going forward, it only requires a few modifications to add or remove responsibilities and acknowledgements from that volunteer agreement template when filling the same role in the future with different volunteers.
As with other policy templates, an organization will want to clearly mark in its written policies that they are subject to change and that the organization’s templates are regularly reviewed for accuracy and up-to-date compliance with applicable law (for example, this is particularly important where state law drastically changes or where there is a new or different program requiring a new template).
Detailed Sample Volunteer Agreement: For Reference
Below is a sample volunteer agreement. Note that there are certain things that define "content" within the agreement, so for example, if a volunteer is not to use any of the organization’s trademarks or other intellectual property, that should be defined in the agreement.
"Our organization"
volunteer(s), or all volunteers
("Volunteer")
- purpose of organization
- whether the volunteer is volunteer or paid staff (if paid then the entire agreement changes)
- specific volunteer responsibilities and role
- volunteer basically waives all rights to complaints, legal action, etc., arising from everything under the sun
- also a release, which is basically a waiver of any responsibility on the part of the organization – and also a waiver of any rights the volunteer has to sue, which is pretty much the same thing as a release, hence the two paragraphs together
- obligations and responsibilities of the volunteer – basically what the volunteer agrees to do
- permission to use the volunteer’s name and likeness in connection with promoting the organization
- must be signed by competent parties, i.e., people who are 18 or older and mentally competent; signatures mean that the volunteers understand the agreement and agree to its terms
Look, I’m not going to pretend that this is a well-written provision, but it gets across the main points well enough.
Sample Volunteer Agreement
This Volunteers Agreement (this "Agreement"), is made as of ______________ (the "Effective Date") by and between [name], a not-for-profit corporation organized under the laws of the state of [state] and having a principal place of business at [address] ("the Company") and [volunteer.] (referred to herein as the "Volunteer.")
WHEREAS, Volunteer desires to become associated with the Company and to render volunteer services and assistance to the Company.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Company and Volunteer agree as follows:
1. TERMS OF AGREEMENT
This Agreement shall commence as of the Effective Date set forth above and shall continue until terminated as provided in Section 6 below.
2. VOLUNTEER SERVICES
Volunteer hereby agrees to serve as a volunteer for the Company and to undertake and fulfill volunteer duties and activities assigned to Volunteer by the Company. Volunteer shall devote such time and attention to the performance of Volunteer services under this Agreement as Volunteer may determine, provided that Volunteer will use Volunteer’s best efforts to fulfill Volunteer’s duties and responsibilities under this Agreement on a regular and consistent basis.
3. NO COMPENSATION OR BENEFITS
Volunteer understands and agrees that Volunteer will not receive any compensation for services performed under this Agreement. Volunteer also understands and agrees that Volunteer will not be entitled to any employee benefits of the Company, including, without limitation, workers’ compensation, medical insurance, disability insurance or other employee benefits.
4. INDEMNIFICATION
Volunteer hereby covenants and agrees to fully indemnify and hold harmless the Company and its officers, directors, employees and agents from any and all causes of actions, claims, liabilities, losses, damages, costs and expenses, including attorneys fees, arising out of or in any way related to Volunteer’s negligent acts or omissions pursuant to this Agreement.
5. CONFIDENTIALITY OF INFORMATION
It is acknowledged and agreed that the Company may provide Volunteer with proprietary and confidential information regarding the Company and its business (the ‘Confidential Information’). Volunteer agrees that he or she will keep all such Confidential Information confidential and will not disclose or otherwise make available any such information at any time. Confidential Information will not be deemed to include any information which: (i) is already known to the public; (ii) is or becomes publicly known or available other than as a result of breach of this Agreement by Volunteer; (iii) is disclosed without restriction to Volunteer by a third party entitled to disclose such information; (iv) is independently developed by Volunteer without use or reliance upon any Confidential Information.
6. TERMINATION
(a) The Company may terminate this Agreement at any time and for any reason upon giving Volunteer written notice of termination no less than thirty (30) days in advance of termination.
(b) Volunteer may terminate this Agreement at any time and for any reason upon giving the Company written notice of termination no less than thirty (30) days in advance of termination.
7. AUTHORITY
(a) Each of the signatories hereto represents and warrants that he or she has the full power and authority to execute this Agreement on behalf of the party for whom he or she is executing this Agreement (and thus to bind such party), and that this Agreement has been duly authorized by such party.
(b) This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all prior understandings and agreements, both written and oral, between and among the parties with respect to such subject matter.
Effective Ways to Communicate Volunteer Agreements
In addition to providing volunteers with a copy of the sample volunteer agreement for their review prior to accepting and signing, it is best practice to ensure that the terms of the agreement are fully communicated to the volunteer in a manner that ensures both mutual understanding and agreement. The following are tips to follow for effectively doing this:
1. An oral explanation of the terms and conditions of the sample volunteer agreement from an employer representative designated to do so at the time the sample volunteer agreement is presented to the volunteer for review should be carefully provided by an employer representative who can personally interact with and communicate effectively with the volunteer. An example is a human resources staff member or department representative.
This step is especially critical and important when the sample volunteer agreement includes terms and conditions that may suggest that the person is actually being employed (such as terms and conditions regarding what constitutes grounds for termination or the existence of discipline and advancement procedures). Having a human resources staff member or department representative personally explain the terms and conditions of the sample volunteer agreement to the volunteer will help ensure that the volunteer understands and accepts the fact that the terms and conditions do not create any employment rights. The human resources staff member or department representative can also ask questions of the volunteer to ensure he or she understands the terms and conditions of the sample volunteer agreement as well as the distinction between the legally distinct relationships of employment and voluntary service.
2. While it is not enough to provide a copy of the sample volunteer agreement for the volunteer’s review and understanding , it is nevertheless important to give the volunteer a copy of the executed sample volunteer agreement after it has been signed by the volunteer. If the sample volunteer agreement is subsequently drafted to mirror the sample volunteer agreement provided to the volunteer, then a copy of the executed version is very important for the volunteer to have.
3. It is not enough to rely on one of these techniques previously considered for communicating the terms and conditions of the sample volunteer agreement to the prospective volunteer. Instead, all three techniques must be used together to ensure that the terms and conditions of the sample volunteer agreement are properly and effectively communicated to the volunteer.