What Constitutes a Volunteer Agreement?
What is a Volunteer Agreement?
At its most basic, a volunteer agreement is a written contract between an organization and an individual who wishes to perform volunteer services for that organization. The agreement gives an overview of the volunteer’s services and sets forth the terms under which those services shall be rendered.
It is important for both the organization and the volunteer to understand the critical role a volunteer agreement plays. Often, such an agreement is utilized to protect a volunteer’s personal property and interests. Additionally , a well drafted volunteer agreement helps to set expectations between the organization and the volunteer with respect to compensation, length of agreement, and services to be provided, among other items.
There are several components to a comprehensive volunteer agreement. From a legal standpoint, the most critical components include the volunteer’s performance of the services under the agreement, as well as the exchange of consideration, if any. A well drafted volunteer agreement can also ensure protection of an organization’s intellectual property and confidential information.
The Main Components of a Volunteer Agreement Template
To ensure clarity and effectiveness in the volunteer-employer relationship, a well-crafted Volunteer Agreement Template should include several key elements. These should all be individually assigned to their own section in the table of contents as well. They are as follows:
- States the nature of the relationship between the volunteer and the employer.
- Includes the official start and termination dates of the employment period.
- Mentions any specific duties and/or tasks the volunteer must complete as part of the employment arrangement.
- Contains a confidentiality agreement.
- Incorporates a general release and indemnification clause that both parties must initial before signing the document.
- States that the volunteer may terminate the agreement at any time, without cause, by giving reasonable notice to the employer.
- Requires the employer to give at least two weeks’ notice before terminating the agreement, if possible, or to otherwise pay the volunteer a $500 cancellation fee.
- States that the cost of sending out an IRS Form 1099 (for tax purposes) is the responsibility of the employer, not the volunteer.
The Advantages of Implementing a Volunteer Agreement
A volunteer agreement can benefit nonprofits and other organizations that recruit, train, and utilize volunteers. Particularly when a volunteer is serving in a capacity in which he or she might be considered an employee for certain legal purposes (such as when an organization solicits probationary workers, half day helpers, or similar roles), it pays to have a clearly defined relationship to minimize tax and other legal risks for the organization.
Conversely, it can help a volunteer to make fully informed decisions about his or her role and relationship with the organization. Having a contract may also help to minimize disagreements that can cause hard feelings and that might harm the organization.
In some cases, written agreements can be required by law, such as where a volunteer receives government assistance, such as medicaid, and the agency or organization stops providing services.
Developing a Template for a Volunteer Agreement
The creation of a volunteer agreement template should be no more than a step-by-step methodical process, with little to no impromptu creativity. Failure to follow the rules can constitute a very costly mistake down the road, as will be shortly explained.
The following is a sample list of the steps involved in creating a volunteer agreement template:
- Prepare a "Heading" section, where you are simply stating the name of your non-profit organization, the word contract and the date the agreement has been signed.
- Indicate the "Purpose of Agreement" – generally a few sentences indicating the purpose of the agreement. Here you would refer to the "Mission Statement" of your organization – for instance, "This agreement is entered into on the 1st day of February, 2010, by and between the Dallas Community Foundation, Inc. and the Volunteer for the purpose of clearning our the litter along the shores or White Rock Lake during May through September of years 2010 through 2015."
- Include a "Summary of Obligations" where you specify very briefly what each party needs to do. you should also talk about the volunteer’s waiver of liability here as well.
- List the "Information for Volunteer" – generally, the volunteer’s name, address, phone number and an emergency contact’s name, phone number and the relationship of the contact to the volunteer (i.e., Parent, Wife, Uncle, Friend, Neighbor, etc.).
- Outline in detail the "Obligations of Each Party." Generally, the non-profit will have various tasks which the volunteer will perform, and those should be spelled out in detail (i.e., Pick up all the plastic bottles and cans along the lakeshore between the North Shore Tennis Center and the Visual Art Center). If the volunteer has specific skills or talents that would be of benefit to the non-profit, there should be a reference to the specific tasks that the volunteer will perform at the direction of his/her supervisor. However, the agreement should still allow the Supervisor to apportion or delegate, or otherwise reassign the volunteer’s tasks to other volunteers on an as needed basis.
- Include a "Release, Waiver, Indemnification and Covenants Not to Sue" section, which are essentially a few paragraphs where your volunteer releases your non-profit organization from any type of liability or negligence, except for "gross negligence." The agreement separates itself from the personal liability of the Officers of the corporation by asking for a "release from liability" for not just volunteers, but also for employees, officers, board members and people who provide services to the organization.
- Prepare an "Authorization to Obtain Medical Attention" form, where the volunteer recognizes that he/she may be injured during the volunteer work, and authorizes the non-profit to obtain medical assistance on his/her behalf.
- Prepare a "List of Emergency Contacts" – this is where your volunteer provides you with the name and phone number, and perhaps the relationship of someone who may be called upon to speed help in an emergency (ex. a neighbor or co-worker, spouse, or child).
Avoiding Pitfalls when Drafting Volunteer Agreements
Volunteering is a beautiful thing. It’s a great way to get people involved in your organization and build a shared mission. And while no one goes into this thinking it’s going to be a problem, it can sometimes be difficult to define the right level of expectations for a volunteer.
The first problem is using overly complex legal language. No one knows what you mean when you say "indemnification" or "binding arbitration." It just gives the volunteer the idea that you’re going to try to screw them over. Be clearly and plainly about your expectations. Many organizations provide volunteers with orientations on what they can expect. That includes talking about what happens if someone doesn’t show up to volunteer. Always ensure you cover the level to which the organization reserves the right to terminate the volunteer position and the compensation the volunteer can expect in the event of termination.
Secondly, a volunteer agreement must define the role. Each volunteer that comes in should be clear on what you need them for, and how long they can expect to be needed . The document should include the following: job title, supervisor, schedule (including start and end dates), and tasks. A clearly defined role will make it much easier for both parties to understand what to expect going forward.
A third area where we see people fail is getting too detailed with job duties. Only lay out those things that directly impact the tasks that are being assigned. If the person is going to be conducting educational workshops on the impact of texting while driving, the agreement does not need to state their location, audience, and method of teaching. Those details can be adjusted throughout the process, but the duties should be briefly defined.
Finally, make sure you comply with local law. Don’t assume that everything is covered under the terms you’re providing your volunteer. Many different states have different laws about what can and cannot be included in a volunteer agreement, so make sure you are compliant with your state’s laws.
While nothing can fully prepare you for the trouble of working with volunteers after they’re brought on, these common pitfalls are relatively easy to avoid.
Legal Issues and Compliance
When drafting a volunteer agreement template for non-profit and charitable organizations, it is essential to consider a range of legal implications. Labour laws differ from state to state and between countries, so it is important to conduct thorough research into how such laws affect non-profit work and its volunteers. Even if the compensation volunteers are given is low or nonexistent, other labour regulations may nonetheless apply. Moreover, any language that might be construed as constraining a volunteer’s right to leave the organization could be legally actionable, and the volunteer agreement should therefore avoid this type of clause in order to keep the document compliant with these laws and regulations.
Similar to labour laws, charitable governance rules also differ internationally and it is, once again, important to do sufficient research and ensure that the requirements – such as obtaining legal counsel before making any significant changes to the charity’s governing documents – are strictly observed. It is also key to remember that although the agreement might be enforceable under one jurisdiction’s laws, it may not be enforceable under another, so it is perhaps prudent to include a clause that vests exclusive jurisdiction for any disputes regarding the document in a court that is competent under the governing law to hear such cases and to define this governing law in the agreement itself.
In terms of volunteer rights and benefits, whilst there is no specific statutory right to receive compensation or benefits, it is often the case that volunteers who work regularly or on a regular basis expect or project themselves to have created certain rights or entitlements, and this can lead to conflict or misunderstanding. The language contained in the volunteer agreement should be drafted in a manner that sets clear boundaries around volunteer rights, entitlements and benefits – if any – so that they are not misled into anticipating remuneration or benefits that they are not entitled to.
To protect the organization, disclaimers should also be inserted into a volunteer agreement template so as to limit the organization’s liability and provide the necessary safeguards in terms of who is and who is not liable for any injuries or loss that may befall either the volunteer or their property during the course of their relationship with the organization, e.g. when doing charitable work, travelling to or from activities or events, or attending an event, trip or other organized activity. Other language should also be included that protects the organization from any claims made by third parties, and limiting or excluding the organization’s liability in the event of loss or damage to property caused by the negligence of the volunteer.
In order to ensure that a volunteer agreement template meets all the appropriate legal requirements and is enforceable, it is essential that the language contained in the agreement is crafted with the help of an attorney.
Common Questions Regarding Volunteer Agreements
What is the purpose of a volunteer agreement?
A volunteer agreement is a document that clarifies the nature of the individual’s visit to your organisation, by making sure everyone understands and agrees what they can do.
Do you have to have a volunteer agreement?
No, it’s an option that some organisations choose to have to make the relationship clear to everyone involved. But if you do, there are things that should be included, such as the volunteer’s responsibilities and any restrictions or rules that should be followed.
What are the key differences between employment contracts and volunteer agreements?
There are some important legal differences between being an employee and being a volunteer. Volunteers cannot be made to work for an organisation , while employees have the rights and responsibilities of employment contracts, with all the necessary legal protections in place. Volunteer agreements do not create a contractual relationship, but outline the responsibilities the volunteer has to your organisation.
Do I need to update my volunteer agreement if my organisation’s purpose changes?
If the tasks the volunteer agrees to do change, then you will need to update the agreement to reflect this.
Are existing volunteers automatically allowed to continue their volunteer activities if my organisation merges with another one?
No, you will need to review and roll your volunteer agreement over to the new organisation.