Volunteer Agreement and Disclosures

last updated: September 04.06.2020

 

Volunteer Agreement:

 

This “AGREEMENT FOR VOLUNTEERS” (“Agreement”) consists of the following, and if there are any conflicts between these documents, the order of precedence will be in the following order as well.

 

(1) The “Rules and Regulations”

(2) The “General Terms and Conditions” beginning on page 3.

(3) The “Release Form,” previously provided to and completed by Volunteer,

(4) The “Background Check Form,” previously provided to and completed by Volunteer, and

(5) Any other attached or referenced appendices or exhibits.

 

 

No Pay for Services.  Volunteer understands and acknowledges that as a volunteer for The Once Upon a Foundation. (“Company”), this position is an unpaid position. 

 

Expenses. Volunteer must obtain the Company’s prior written consent before incurring out-of-pocket expenses.  If Company approves, Volunteer must submit an “Expense Report,” which will be provided upon request, in writing, with all valid documentation (receipts are required) within 10 (ten) business days of incurring such expense.  Company has sole discretion in determining whether the documentation for each such expense is sufficient, and after the 10-day request period, Company is not obligated to reimburse any such expense, even if pre-approved.

 

Rules and Regulations.

  1. This is about supporting children and their families that have had their lives disrupted.  Review our mission as often as possible: “To inspire and empower children and their families enduring disruptive life events and threatening medical conditions with engaging experiences."

  2. This “AGREEMENT FOR VOLUNTEERS” (“Agreement”) consists of the following, and if there are any conflicts between these documents, the order of precedence will be in the following order as well.

  3.  

  4. (1) The “Rules and Regulations”

  5. (2) The “General Terms and Conditions” beginning on page 3.

  6. (3) The “Release Form,” previously provided to and completed by Volunteer,

  7. (4) The “Background Check Form,” previously provided to and completed by Volunteer, and

  8. (5) Any other attached or referenced appendices or exhibits.

  9.  

  10.  

  11. No Pay for Services.  Volunteer understands and acknowledges that as a volunteer for The Once Upon a Foundation. (“Company”), this position is an unpaid position. 

  12.  

  13. Expenses. Volunteer must obtain the Company’s prior written consent before incurring out-of-pocket expenses.  If Company approves, Volunteer must submit an “Expense Report,” which will be provided upon request, in writing, with all valid documentation (receipts are required) within 10 (ten) business days of incurring such expense.  Company has sole discretion in determining whether the documentation for each such expense is sufficient, and after the 10-day request period, Company is not obligated to reimburse any such expense, even if pre-approved.

  14.  

  15. Rules and Regulations.

  16. This is about inspiring and empowering children and their families.  Review our mission as often as possible: “To inspire and empower children and their families enduring disruptive life events and threatening medical conditions with engaging experiences."

  17. Volunteer is expected to be knowledgeable of the HIPAA Privacy Rule and follow all the guidelines to ensure privacy for the children both in and out of the hospital. For more information, please visit: https://www.hhs.gov/hipaa/for-professionals/privacy/index.htmlVolunteer understands that a part of protecting a child’s privacy includes, but is not limited to, the following rules:

  18. Do not ask about a child’s diagnosis or prognosis or discuss any details regarding care.

  19. Do not ask for personal information from the child or parent, including email, address, phone number, etc.

  20. Do not discuss a child with family, friends, or other volunteers.

  21. Rules regarding Social Media:Volunteer must NOT to do the following:

  22. Take a photo with a child (OR adult) without written consent from the parents, even if a parent gives their verbal consent.

  23. Post a photo with a child (OR adult) without written consent from the parents, even if a parent gives their verbal consent.

  24. Volunteers are permitted to do the following:

  25. Ask a parent to “Like” The Once Upon a Foundation and follow us on social media.

  26. Ask a parent to post photos that they took and tag The Once Upon a Foundation.

  27. Post pictures of Selfies

  28. Use #theonceuponafoundation #onceuponafoundation

  29. Volunteer understands that The Once Upon a Foundation. has been created for charitable and inspirational purposes only, and is not in any way affiliated with any other entities, including but not limited to the following: Disney (Marvel Comics, Star Wars), D.C. Comics.  Volunteer must not ever put the aforementioned entities in writing or claim any affiliation with these companies.  Volunteer understands that it might be necessary to use alternative titles for their characters to avoid trademark and copyright infringement. 

  30. If you are a Volunteer that is performing a character in costume, a full-length photo must be submitted for approval.  Close-toed shoes are required for hospital visits. Please refer to the Handbook for performers for more information.

  31. For volunteers that are not performing in costume, a The Once Upon a Foundation T-shirt will be provided to you.

  32. In the event the Volunteer is handing out gifts, the gifts must be pre-approved if not provided by The Once Upon a Foundation.  Please note that gifts must be NEW.  Nothing handmade or used is allowed.

  33. All activities must be pre-approved.  There are strict rules concerning the use of polish, face paints, tattoos, etc., and in most cases these are not permitted.

  34. Volunteer understands that if illegal drug use or excessive use of alcohol or other mind-altering substances is suspected, they will immediately be terminated from this Agreement.

  35. Volunteer must conduct themselves in a professional manner at all times.  Even though this is not a paid position, please arrive to commitments on time. 

  36. riences"

  37. This “AGREEMENT FOR VOLUNTEERS” (“Agreement”) consists of the following, and if there are any conflicts between these documents, the order of precedence will be in the following order as well.

  38.  

  39. (1) The “Rules and Regulations”

  40. (2) The “General Terms and Conditions” beginning on page 3.

  41. (3) The “Release Form,” previously provided to and completed by Volunteer,

  42. (4) The “Background Check Form,” previously provided to and completed by Volunteer, and

  43. (5) Any other attached or referenced appendices or exhibits.

  44.  

  45.  

  46. No Pay for Services.  Volunteer understands and acknowledges that as a volunteer for The Once Upon a Foundation. (“Company”), this position is an unpaid position. 

  47.  

  48. Expenses. Volunteer must obtain the Company’s prior written consent before incurring out-of-pocket expenses.  If Company approves, Volunteer must submit an “Expense Report,” which will be provided upon request, in writing, with all valid documentation (receipts are required) within 10 (ten) business days of incurring such expense.  Company has sole discretion in determining whether the documentation for each such expense is sufficient, and after the 10-day request period, Company is not obligated to reimburse any such expense, even if pre-approved.

  49.  

  50. Rules and Regulations.

  51. This is about supporting children and their families that have had their lives disrupted.  Review our mission as often as possible: “To inspire and empower children and their families enduring disruptive life events and threatening medical conditions with engaging experiences."

  52. Volunteer is expected to be knowledgeable of the HIPAA Privacy Rule and follow all the guidelines to ensure privacy for the children both in and out of the hospital. For more information, please visit: https://www.hhs.gov/hipaa/for-professionals/privacy/index.htmlVolunteer understands that a part of protecting a child’s privacy includes, but is not limited to, the following rules:

  53. Do not ask about a child’s diagnosis or prognosis or discuss any details regarding care.

  54. Do not ask for personal information from the child or parent, including email, address, phone number, etc.

  55. Do not discuss a child with family, friends, or other volunteers.

  56. Rules regarding Social Media:Volunteer must NOT to do the following:

  57. Take a photo with a child (OR adult) without written consent from the parents, even if a parent gives their verbal consent.

  58. Post a photo with a child (OR adult) without written consent from the parents, even if a parent gives their verbal consent.

  59. Volunteers are permitted to do the following:

  60. Ask a parent to “Like” The Once Upon a Foundation and follow us on social media.

  61. Ask a parent to post photos that they took and tag The Once Upon a Foundation.

  62. Post pictures of Selfies

  63. Use #theonceuponafoundation #onceuponafoundation

  64. Volunteer understands that The Once Upon a Foundation. has been created for charitable and inspirational purposes only, and is not in any way affiliated with any other entities, including but not limited to the following: Disney (Marvel Comics, Star Wars), D.C. Comics.  Volunteer must not ever put the aforementioned entities in writing or claim any affiliation with these companies.  Volunteer understands that it might be necessary to use alternative titles for their characters to avoid trademark and copyright infringement. 

  65. If you are a Volunteer that is performing a character in costume, a full-length photo must be submitted for approval.  Close-toed shoes are required for hospital visits. Please refer to the Handbook for performers for more information.

  66. For volunteers that are not performing in costume, a The Once Upon a Foundation T-shirt will be provided to you.

  67. In the event the Volunteer is handing out gifts, the gifts must be pre-approved if not provided by The Once Upon a Foundation.  Please note that gifts must be NEW.  Nothing handmade or used is allowed.

  68. All activities must be pre-approved.  There are strict rules concerning the use of polish, face paints, tattoos, etc., and in most cases these are not permitted.

  69. Volunteer understands that if illegal drug use or excessive use of alcohol or other mind-altering substances is suspected, they will immediately be terminated from this Agreement.

  70. Volunteer must conduct themselves in a professional manner at all times.  Even though this is not a paid position, please arrive to commitments on time. 

  71. Volunteer is expected to be knowledgeable of the HIPAA Privacy Rule and follow all the guidelines to ensure privacy for the children both in and out of the hospital. For more information, please visit: https://www.hhs.gov/hipaa/for-professionals/privacy/index.html

    1. Volunteer understands that a part of protecting a child’s privacy includes, but is not limited to, the following rules:

      1. Do not ask about a child’s diagnosis or prognosis or discuss any details regarding care.

      2. Do not ask for personal information from the child or parent, including email, address, phone number, etc.

      3. Do not discuss a child with family, friends, or other volunteers.

  72. Rules regarding Social Media:

    1. Volunteer must NOT to do the following:

      1. Take a photo with a child (OR adult) without written consent from the parents, even if a parent gives their verbal consent.

      2. Post a photo with a child (OR adult) without written consent from the parents, even if a parent gives their verbal consent.

    2. Volunteers are permitted to do the following:

      1. Ask a parent to “Like” The Once Upon a Foundation and follow us on social media.

      2. Ask a parent to post photos that they took and tag The Once Upon a Foundation.

      3. Post pictures of Selfies

      4. Use #theonceuponafoundation #onceuponafoundation

  73. Volunteer understands that The Once Upon a Foundation. has been created for charitable and inspirational purposes only, and is not in any way affiliated with any other entities, including but not limited to the following: Disney (Marvel Comics, Star Wars), D.C. Comics.  Volunteer must not ever put the aforementioned entities in writing or claim any affiliation with these companies.  Volunteer understands that it might be necessary to use alternative titles for their characters to avoid trademark and copyright infringement. 

  74. If you are a Volunteer that is performing a character in costume, a full-length photo must be submitted for approval.  Close-toed shoes are required for hospital visits. Please refer to the Handbook for performers for more information.

  75. For volunteers that are not performing in costume, a The Once Upon a Foundation T-shirt will be provided to you.

  76. In the event the Volunteer is handing out gifts, the gifts must be pre-approved if not provided by The Once Upon a Foundation.  Please note that gifts must be NEW.  Nothing handmade or used is allowed.

  77. All activities must be pre-approved.  There are strict rules concerning the use of polish, face paints, tattoos, etc., and in most cases these are not permitted.

  78. Volunteer understands that if illegal drug use or excessive use of alcohol or other mind-altering substances is suspected, they will immediately be terminated from this Agreement.

  79. Volunteer must conduct themselves in a professional manner at all times.  Even though this is not a paid position, please arrive to commitments on time. 

Disclosure to Applicant and Consent to Request Consumer Report Information:

I understand that The Once Upon a Foundation. will utilize the services of a consumer reporting agency as part of the procedure for processing my application for volunteering.  I also understand if my application for volunteering is granted, The Once Upon a Foundation. may obtain further information through subsequent investigations by a consumer reporting agency so as to update, renew or extend my volunteer opportunities.

 

I understand a consumer reporting agency’s investigation may include obtaining information covering up to the last seven years, regarding my credit background, references, character, past employment, work habits, education, general reputation, personal characteristics, mode of living, civil judgments, liens, as well as any information about my criminal conviction background consistent with federal and state law.

 

I understand such information may be obtained by direct or indirect contact with former employers, schools, financial institutions, landlords and public agencies or other persons who may have such knowledge.

 

I also understand that before I am denied to become a volunteer, based in whole or part, on information obtained in the report, I will be provided a copy of the report and a description in writing of my rights under the Fair Credit Reporting Act.

 

I understand if I disagree with the accuracy of any information in the report, I must notify The Once Upon a Foundation. within five business days of my receipt of the report.  If I notify The Once Upon a Foundation. within five business days of the receipt of the report that I am challenging information in the report, The Once Upon a Foundation. will not make a final decision on my volunteering status until after I have had a reasonable opportunity to address the information contained in the report.

 

I hereby consent to this investigation and authorize The Once Upon a Foundation. to procure a report on my background as stated above from a consumer reporting agency.

INDEMNIFICATION, RELEASE AND WAIVER OF LIABILITY:

This Release and Waiver of Liability (the “Release”) is executed on the day of application submission, as dated by the form submission by the volunteer identified on the volunteer application submission (the “Volunteer”), for the benefit of The Once Upon a Foundation., a Virginia nonstock corporation, and its directors, officers, employees, agents, contractors, volunteers, affiliates and successors and assigns (collectively, “The Once Upon a Foundation”).

 

The Once Upon a Foundation is engaged in the business of providing entertainment to hospitalized and/or ill children, which includes, but is not limited to, appearances and performances by individuals dressed in costume and other events and activities.

 

The Volunteer desires to provide volunteer services and engage in activities related to serving as a volunteer for The Once Upon a Foundation (the “Activities”).  The Volunteer hereby freely, voluntarily, and without duress executes this Release under the terms below:

 

1. Release and Waiver

Volunteer does hereby release and forever discharge and hold harmless The Once Upon a Foundation, from any and all actions, claims for relief, suits, liabilities, claims, and demands of whatever nature, either in law or in equity, whether known or unknown, and whether foreseen or unforeseen, which arise or may hereafter arise from or relate to the Activities.  Volunteer hereby waives any protections afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which person giving the release does not know or suspect to exist at the time of executing the release.  This means, in part, that Volunteer is hereby releasing any and all unknown future claims.

 

Volunteer agrees not to file any claim, charge, action or complaint concerning the subject matter covered by this Release.

 

Volunteer understands that this Release discharges The Once Upon a Foundation from any and all liability or claim that the Volunteer may have against The Once Upon a Foundation with respect to any bodily injury, personal injury, illness, death, or property damage that may result from or arise out of the Activities, whether caused by the negligence of The Once Upon a Foundation or otherwise.

 

Volunteer also understands that The Once Upon a Foundation does not assume any responsibility for or obligation to provide compensation, financial assistance or other assistance, including but not limited to medical, health, workers compensation, or disability insurance in the event of injury or illness in connection with the Activities. 

 

2. Indemnification

Volunteer agrees to indemnify and hold harmless The Once Upon a Foundation from and against any loss, damage, claim, suit, liability, demand, cost and/or expense, paid or incurred by The Once Upon a Foundation as a result of any act or omission of Volunteer, or asserted against Volunteer (including attorneys’ fees, court costs and disbursements) caused in whole or in part, by, or arising directly or indirectly out of the Activities.  The obligations of Volunteer under this indemnification shall apply to all matters except those arising solely from the gross negligence of The Once Upon a Foundation. 

 

3. Assumption of Risk

The Volunteer hereby expressly and specifically assumes the risk of injury or harm in connection with the Activities and releases The Once Upon a Foundation from any and all liability for injury, illness, death, or property damage in connection with, arising out of or resulting from the Activities.

 

4. Insurance

Volunteer understands that The Once Upon a Foundation does not carry or maintain insurance for Volunteer’s injury, illness, death.

 

5. Photographic Release

Volunteer hereby grants and conveys to The Once Upon a Foundation a royalty-free license and waives any personality rights Volunteer may have with respect to any photographic images of Volunteer and video or audio recordings of Volunteer made by The Once Upon a Foundation during the Activities and understands that The Once Upon a Foundation may use, copy, make derivative works of such photographs, images, and recordings in any promotional, marketing, or advertising materials (in whatever format or media) relating to The Once Upon a Foundation or for any other purpose relating to the Business.

 

6. Other

Volunteer expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Virginia, and that this Release shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia.  Volunteer agrees that if there is any dispute with The Once Upon a Foundation, it will be resolved by binding arbitration in the Commonwealth of Virginia, based upon the rules of the American Arbitration Association and Virginia law.  Volunteer agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause shall not otherwise affect the remaining provisions of this Release which shall continue to be enforced.

 

By selecting/clicking the Acknowledgment link on the volunteer application submission form, the Volunteer has read this Release and understands all of its terms. Volunteer further acknowledges that this Release is executed voluntarily, and with full knowledge of its legal significance. This Release has been executed as of the date first submitted.

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