WWS VOLUNTEER’S AGREEMENT
THIS AGREEMENT is made on the date specified in Item 1.
1. WORLD WILDLIFE SANCTUARIES LIMITED (ACN 163 370 134) (“WWS”) having its postal address at care of PO Box 969, Mudgeeraba, Queensland, 4213.
2. The party described in Item 2 (“the Volunteer”)
- A. WWS is a public company limited by guarantee and operated as a charity on a not-for-profit basis by volunteers and more particularly to raise awareness about the plight of endangered wildlife and raise funds to be used for acquiring land, building facilities and caring for wildlife;
- B. The Volunteer wishes to assist WWS to raise such awareness and funds; and
- C. WWS wishes to offer the Volunteer the opportunity to perform volunteer work for WWS upon the terms and conditions stated in this Agreement and the Volunteer wishes to accept the offer of volunteer work.
WHEREBY in consideration of the Parties entering into this Agreement, IT IS HEREBY AGREED as follows:
1. Definitions. In this Agreement unless the context otherwise requires:
“Confidential Information” means any non-public information, know how or trade secrets in any form or information that is designated “confidential” or that a reasonable person knows or should understand to be confidential but does not include information that is or becomes publically available (without the fault of the Volunteer), that is lawfully obtained from another source and that is not subject to an obligation that it be kept secret and that the Volunteer is able to prove was developed lawfully and independently.
2. Interpretation. In this Agreement unless the context otherwise requires:
“Item” refers to an Item in the Schedule.
“Party” refers to a party to this Agreement.
Words importing the singular shall include the plural and vice versa.
Words importing any gender shall include each other gender.
Clause headings shall not affect the interpretation or construction of this Agreement.
3. Volunteer Work. Subject to and conditional upon the provisions of this Agreement:
(a) WWS hereby agrees to provide the opportunity for the Volunteer to undertake work strictly on a volunteer basis on behalf of WWS from time to time; and
(b) The Volunteer hereby agrees to perform such work strictly on a volunteer basis and without any compensation from WWS and the Volunteer hereby acknowledges that WWS’ offer of such work from time to time is adequate consideration.
4. Term. This Agreement will continue in full force and effect until it is terminated in accordance with the provisions of this Agreement.
5. WWS’ Obligations. WWS hereby agrees that it shall:
(a) Provide such information to the Volunteer as WWS considers reasonably necessary to enable the Volunteer to properly perform the volunteer work to be undertaken by the Volunteer;
(b) Appoint a person and provide the contact details of that person to the Volunteer for the purpose of the Volunteer liaising with that person and obtaining advice and information from that person in respect to volunteer work to be undertaken by the Volunteer; and
(c) Use best endeavours to help and encourage the Volunteer to develop his volunteer role with WWS.
6. Volunteer’s Obligations. The Volunteer agrees that he shall:
(a) Perform all voluntary work undertaken by him to the best of his ability;
(b) Be reliable and give as much warning as possible to WWS if he cannot work on any date or time on or at which he has expressly or impliedly agreed to work;”
(c) Follow all rules and procedures that may from time to time be specified by WWS including, without limitation, health and safety procedures; and
(d) Abide by and support the aims, philosophy, policy and guidelines of WWS.
7. Confidentiality. The Volunteer must use Confidential Information only so far as may be reasonably necessary for the Volunteer to properly undertake and perform volunteer work pursuant to the provisions of this Agreement. The Volunteer must not, without the prior written consent of WWS, disclose Confidential Information to third parties unless the Volunteer is obliged to do so at law and must take reasonable care to protect Confidential Information from disclosure. If the Volunteer discloses Confidential Information in breach of this Agreement, the Volunteer must thereafter promptly advise WWS of such disclosure in writing.
8. No Insurance. The Volunteer acknowledges and agrees that the Volunteer is aware that WWS does not carry any insurance policy or policies to protect:
(a) the Volunteer, if the Volunteer should, for any reason whatsoever, suffer death or personal injury, damage to or loss of property or any other loss or damage whatsoever that may be suffered by the Volunteer or occasioned to the Volunteer’s property during the performance by the Volunteer of any volunteer work for WWS under this Agreement or whist travelling to or from any place at which such work is to be or is being performed; or
(b) any third party, if the Volunteer should, for any reason whatsoever, cause or contribute to the death or personal injury of any third party or the damage to or loss of such party’s property or any other loss or damage whatsoever that may be suffered by the third party or occasioned to the third party’s property during the performance by the Volunteer of any volunteer work for WWS under this Agreement or whist travelling to or from any place at which such work is to be or is being performed.
9. Release and Indemnity. In consideration of WWS permitting the Volunteer to perform volunteer work pursuant to the provisions of this Agreement, the Volunteer agrees to perform such work at his risk entirely and further, the Volunteer for himself and for his executors, administrators, heirs, successors and assigns hereby releases and holds WWS, and each and every one of its directors, officers, agents, affiliates, employees, members, volunteers, sponsors and promoters harmless from and against each and all claims, damages, demands and proceedings arising out of, or in connection with any act or omission of the Volunteer whatsoever and howsoever caused either during performance by the Volunteer of such work or whilst travelling to or from the place at which such work is being or is to be performed including but not limited to the death or personal injury or illness of the Volunteer or any third party or damage to or loss of any property of the Volunteer or any third party for whatever reason and further the Volunteer for himself and for his executors, administrators, heirs, successors and assigns agrees to indemnify and hold WWS, and each and every one of its directors, officers, agents, affiliates, employees, members, volunteers, sponsors and promoters harmless against each and all such claims, damages, demands and proceedings.”
10. Relationship. This Agreement does not constitute any relationship of employer and employee, principal and agent, principal and contractor or any other legal relationship between the Parties whatsoever other that an agreement between the Parties to enable the Volunteer to perform work as an independent contractor for WWS on a strictly voluntary basis.
11. Termination. Either Party may terminate this Agreement at any time by providing written notice of such termination to the other Party.
12. No Waiver. Any failure or delay by either Party to exercise a right or remedy will not result in a waiver of that or any other right or remedy.
13. No Assignment or Transfer. This Agreement is personal and may not be assigned or be otherwise transferred by the Volunteer.
14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales and the parties hereto agree to submit to the jurisdiction of the Courts of New South Wales.
15. SEVERANCE In the event that any one or more of the provisions of this Agreement will be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of this Agreement will remain valid and enforceable and continue in full force and effect to the fullest extent consistent with law.
16. Entire Agreement. This Agreement contains the entire agreement and understanding between the Parties in regard to the subject matter contained therein and supersedes all prior oral and written agreements and understandings between the Parties relating thereto.
17. Amendments. This Agreement may only be amended by written agreement signed by both Parties.
18. No Merger . The rights and obligations of the Parties expressed in Clauses 7, 8 and 9 of this Agreement continue beyond the termination of the Agreement and shall continue in full force and effect and shall not merge upon termination.
Item 1: Date:
Item 2: Volunteer:
IN WITNESS WHEREOF the Parties have duly executed this Agreement on the date specified in Item 1.
|SIGNED by the said WORLD WILDLIFE SANCTUARIES LIMITED by its director in the presence of:|
|SIGNED by the said ..................... ................................ in the presence of:|
Adult Witness: _________________________