Drafting a Volunteer Contract
Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.
Introduction
Drafting a volunteer contract is a crucial part of successful volunteering arrangements. It is a legally binding document that outlines the rights and obligations of both parties involved: the employer and the volunteer. By clearly defining expectations for the duration of the volunteer’s service, as well as applicable laws and regulations, these contracts provide an opportunity for both parties to be held accountable for their actions and make sure that expectations are being met.
In addition, volunteer contracts offer employers protection from potential liabilities caused by fraudulent or negligent behavior by volunteers. They also allow both parties to discuss any issues that may arise during the agreement in order to gain a better understanding of expectations - this is especially beneficial for employers who are looking to protect their organization from potential risks.
Finally, having a clear-cut volunteer contract can ensure that volunteers are appropriately compensated for their work if necessary; although some employers choose not to provide financial compensation, it’s important that it can be laid out in a written document what value they receive in exchange for their services.
In conclusion, it’s essential to have a comprehensive understanding of one another’s rights and responsibilities when entering into an arrangement with volunteers - this will help create trust between both parties while also protecting all involved against potential risks. To ensure success in your next agreement with volunteers, look no further than Genie AI’s open source legal template library; millions of data points have been used to teach our AI what market standard documents should look like so anyone can easily draft high quality legal documents without paying lawyers’ fees. Our step-by-step guidance and access to our template library make sure you get fast results - there’s never been an easier way to secure your future with volunteering agreements! Read on below for more information on how Genie AI can help you today.
Definitions (feel free to skip)
Roles and Responsibilities: A role is a set of expectations for how someone should act, and responsibilities are the tasks or activities someone is expected to do.
Expectations: The level of performance, achievement or behavior that is expected from someone.
Contract: A legally enforceable agreement between two or more parties.
Duration: The length of time something lasts.
Objectives: A specific goal that someone is attempting to achieve.
Conduct and Behavior: The way someone acts and behaves.
Compensation: Payment for work or services.
Benefits: An additional perk or advantage, often given in addition to salary or wages.
Confidentiality: The obligation to keep certain information private or secret.
Intellectual Property Rights: The legal rights that protect the ownership of ideas, inventions, and other creative works.
Liability: The legal responsibility for something.
Termination: The end of an agreement or relationship.
Dispute Resolution: A process used to resolve disagreements or conflicts.
Contents
- Defining the roles and responsibilities of the volunteer and the organization
- Identifying the tasks the volunteer will be responsible for
- Establishing the organization’s expectations for the volunteer’s performance
- Outlining the volunteer’s rights and obligations
- Outlining the terms of the agreement, such as the duration and objectives of the volunteering position
- Establishing expectations for the volunteer’s conduct and behavior
- Clarifying any performance standards and policies the volunteer must adhere to
- Specifying any safety protocols or procedures the volunteer must follow
- Clarifying any compensation or benefits associated with the volunteer position
- Identifying any financial rewards or non-monetary incentives the volunteer will receive
- Outlining any additional benefits the volunteer may be eligible for
- Explaining the organization’s policies and procedures, such as its code of conduct
- Discussing the organization’s values and mission
- Describing the organization’s policies on harassment and other forms of discrimination
- Discussing confidentiality and intellectual property rights
- Establishing the volunteer’s confidentiality obligations
- Identifying the organization’s ownership of any data or materials generated during the volunteer’s work
- Defining any liabilities or legal obligations of the volunteer and the organization
- Establishing the organization’s liability for any damages caused by the volunteer’s negligence or misconduct
- Defining the volunteer’s liability for any damages caused by the negligence or misconduct of the organization
- Establishing termination and dispute resolution procedures
- Describing the process for terminating the volunteer’s position
- Explaining the process for resolving any conflicts between the volunteer and the organization
- Addressing any other relevant matters
- Finalizing the agreement and obtaining the volunteer’s signature
Get started
Defining the roles and responsibilities of the volunteer and the organization
- Outline the duties and responsibilities of the volunteer, such as setting goals, attending meetings and workshops, or providing technical assistance
- Determine the duration of the volunteer agreement
- Decide if the volunteer will receive any compensation
- Make sure to include any additional responsibilities that the volunteer may need to fulfill
- Identify any necessary qualifications or skills needed for the role
- Set expectations for communication and reporting between the volunteer and organization
- Specify any necessary background checks or certifications
Once you have outlined the roles and responsibilities for both the volunteer and the organization, you can check this step off your list and move onto the next step.
Identifying the tasks the volunteer will be responsible for
- Gather input from the volunteer and the organization and review any existing job descriptions or job roles
- Identify specific tasks that the volunteer will be responsible for
- Outline the responsibilities that the volunteer will have, including any tasks that need to be completed and any deadlines for completion
- Once the tasks have been identified and outlined, the volunteer and the organization can review and agree to the tasks before moving on to the next step
- Check off this step when both the volunteer and the organization have agreed to the identified tasks and responsibilities.
Establishing the organization’s expectations for the volunteer’s performance
- Clearly define the duties and responsibilities of the volunteer, as well as the expected level of performance
- Set expectations for the volunteer’s commitment to the organization’s mission, values, and goals
- Outline the time and duration of the volunteer’s work
- Explain the expected behavior of the volunteer in the organization
- Describe the supervisor’s role and authority in the organization
You can check this off your list and move on to the next step when you feel that you have established the organization’s expectations for the volunteer’s performance in a clear, concise, and easily understandable manner.
Outlining the volunteer’s rights and obligations
- Establish the rights of the volunteer, including any benefits offered
- Establish any obligations of the volunteer, such as attending meetings, working certain hours, completing certain tasks, and other duties
- Detail any restrictions placed on the volunteer, such as not being able to disclose confidential information
- Make sure to include any workplace policies the volunteer must follow, such as any safety protocols
- Include a clause that outlines the volunteer’s right to terminate the agreement
- Make sure to include a clause that details the organization’s right to terminate the agreement
You can check this off your list when you have included all of the rights, obligations, and restrictions of the volunteer in the contract.
Outlining the terms of the agreement, such as the duration and objectives of the volunteering position
- Decide how long the volunteer will be present
- Establish the objectives of the volunteer position
- Clearly state any expectations of the volunteer related to the duration and objectives
- Spell out the terms of the agreement in the contract, including the duration and objectives
- When you are finished outlining the terms of the agreement, you can move on to the next step which is establishing expectations for the volunteer’s conduct and behavior.
Establishing expectations for the volunteer’s conduct and behavior
- Draft a clause outlining the expected standards of conduct and behavior while volunteering
- Include any relevant policies the volunteer must adhere to
- Ask the volunteer to sign the document to indicate their acceptance of the terms
- Ensure that the volunteer is aware of any consequences for violating the terms of the agreement
- Check off this step once the volunteer has signed the contract, confirming their acceptance of the expectations outlined in the agreement
Clarifying any performance standards and policies the volunteer must adhere to
- Outline any performance standards, such as timely responses to requests, and specify any policies, such as the need to maintain confidentiality.
- Make sure to provide the volunteer with a copy of any documents that contain such policies and standards.
- When all performance standards and policies have been clarified, you can check this off your list and move on to the next step.
Specifying any safety protocols or procedures the volunteer must follow
- Draft a section in the volunteer agreement which outlines any safety protocols that the volunteer will need to be aware of or follow while assisting with the organization.
- Ensure that the safety protocols are specific, clear, and up-to-date.
- Include any safety protocols that are mandated by the organization or by law.
- When the safety protocols section is complete, move on to the next step in the volunteer agreement.
Clarifying any compensation or benefits associated with the volunteer position
- Determine if the volunteer should receive any compensation or benefits.
- If yes, make a list of what compensation or benefits should be provided.
- Outline in the contract the details of the compensation or benefits to be provided.
- Make sure to include information about any applicable taxes or other deductions that may need to be taken from the compensation.
- Once all the details of the compensation or benefits have been listed, the step is complete.
Identifying any financial rewards or non-monetary incentives the volunteer will receive
- Determine what, if any, financial rewards or non-monetary incentives the volunteer will receive for their services.
- Consider different forms of compensation, such as gift cards, discounts, or free services.
- Look at any local, state and/or federal incentives that may be applicable.
- Write down the details of the financial rewards or non-monetary incentives in the contract.
When you can check this off your list: Once you have determined what, if any, financial rewards or non-monetary incentives the volunteer will receive and have written down the details in the contract.
Outlining any additional benefits the volunteer may be eligible for
- Check with the organization’s HR department to determine any benefits that may be extended to volunteers, such as access to a health plan, discounts on services, etc.
- Draft a clause in the volunteer contract that outlines any additional benefits the volunteer may be eligible for.
- Review the clause with HR and other relevant departments to ensure accuracy and compliance.
- Once the clause has been reviewed and approved, you can move on to the next step.
Explaining the organization’s policies and procedures, such as its code of conduct
- Review the organization’s current policies and procedures, such as its code of conduct
- Include a clause in the volunteer contract outlining the organization’s policies and procedures
- Explain any rules or regulations that the volunteer must adhere to in their role
- Make sure the volunteer has read and understood the policy and procedures and has agreed to abide by them
- Have the volunteer sign the contract to signify that they understand and agree to the policy and procedures
- Once the volunteer has signed the contract, you can check this step off your list and move on to the next step.
Discussing the organization’s values and mission
- Meet with the volunteer to discuss the organization’s mission and values
- Explain why these values are important to the organization and how they are integral to its operations
- Ensure that the volunteer understands the mission and values of the organization and is willing to abide by them
- Ask the volunteer questions to make sure they understand the organization’s mission and values
- Once the volunteer has demonstrated an understanding of the organization’s mission and values, check this step off your list and move on to the next step.
Describing the organization’s policies on harassment and other forms of discrimination
- Draft a statement outlining the organization’s harassment and discrimination policies and procedures
- Ensure the language is clear and unambiguous
- Have the statement reviewed and approved by the organization’s legal counsel
- Once approved, add the statement to the volunteer contract
- Check off this step when the statement has been included in the volunteer contract
Discussing confidentiality and intellectual property rights
- Identify any confidential or proprietary information the volunteer may be exposed to while working with the organization
- Clarify who owns any intellectual property created or developed while working with the organization
- Discuss how the volunteer is expected to handle confidential or proprietary information
- Make sure the volunteer understands their obligations and the potential consequences of failing to abide by them
- Include a section in the contract that outlines the confidentiality and intellectual property rights
Once you have discussed confidentiality and intellectual property rights, included a section in the contract that outlines these rights, and made sure the volunteer understands their obligations, you can move on to the next step.
Establishing the volunteer’s confidentiality obligations
- Draft a confidentiality agreement that outlines the volunteer’s obligations to keep confidential any information they are exposed to while working with the organization
- Ensure the agreement is signed by both the volunteer and the organization
- Check that the volunteer has read, understood, and agreed to the confidentiality agreement before they start working
- When the agreement is signed, it is complete and you can move on to the next step of identifying the organization’s ownership of any data or materials generated during the volunteer’s work.
Identifying the organization’s ownership of any data or materials generated during the volunteer’s work
- Identify any ownership rights of the organization with regards to data, materials, or other products generated by the volunteer
- Include a clause in the contract explicitly stating that any data, materials, or other products generated by the volunteer are owned by the organization
- Specify what rights the organization reserves for itself over the data, materials, or other products (e.g. exclusive rights to use, reproduce, or distribute)
- Ensure that the volunteer understands and agrees to the ownership rights outlined in the contract
- Once all the ownership rights and responsibilities have been identified and agreed upon by both the organization and the volunteer, check this step off your list and move on to defining any liabilities or legal obligations of the volunteer and the organization
Defining any liabilities or legal obligations of the volunteer and the organization
- Draft a section in the volunteer contract that outlines any liabilities and legal obligations that the volunteer or organization may be responsible for.
- Consider any potential risks and liabilities related to the volunteer’s work, such as the volunteer’s compliance with any applicable laws or regulations.
- Include a clause in the contract that states the volunteer will not be held liable for any damages or losses sustained by the organization as a result of their work.
- When this step is complete, the volunteer contract should clearly outline any liabilities or legal obligations of the volunteer and the organization.
Establishing the organization’s liability for any damages caused by the volunteer’s negligence or misconduct
- Research the governing laws and regulations related to volunteer liability
- Draft language for the contract that outlines the organization’s liability for any damages caused by the volunteer’s negligence or misconduct
- Ensure that the language clearly describes the scope and limits of the organization’s liability
- Have the contract reviewed by legal counsel or an attorney to make sure it meets all applicable laws and regulations
- Sign and date the contract to make it legally binding
Once you have completed this step, you’ll know it’s time to move on to the next step: Defining the volunteer’s liability for any damages caused by the negligence or misconduct of the organization.
Defining the volunteer’s liability for any damages caused by the negligence or misconduct of the organization
- Determine the types of damages the organization may be liable for, if any
- Decide how the volunteer will be held accountable for any damages caused by the volunteer’s negligence or misconduct
- Include language in the contract that states the volunteer agrees to be responsible for any damages caused by their negligence or misconduct
- Specify a reasonable financial limit to the volunteer’s liability
- Include language in the contract that states the volunteer agrees to indemnify the organization against any such damages
- Make sure to include language that the volunteer waives any rights to sue the organization for any damages caused by their negligence or misconduct
You’ll know you can check this off your list and move on to the next step when you have added language to the contract that establishes the volunteer’s liability for any damages caused by their negligence or misconduct, and have made sure to include language that the volunteer waives any rights to sue the organization for any damages caused by their negligence or misconduct.
Establishing termination and dispute resolution procedures
- Determine the grounds for which the volunteer’s position may be terminated (e.g. violation of contract terms, fraud, criminal activity, etc.)
- Establish a procedure for how disputes will be resolved (e.g. arbitration, mediation, etc.)
- Include a clause that requires the volunteer to waive any right to a jury trial
- Describe the period of notice required for the organization to terminate the volunteer’s position
You can check this off your list when you have included all necessary clauses for termination and dispute resolution into the contract.
Describing the process for terminating the volunteer’s position
- Specify the conditions under which the volunteer’s position can be terminated, such as if they fail to meet expectations or if there is a breach of contract
- Outline the process for notification and termination of the volunteer’s position, including when and how the volunteer will be notified of the termination
- Describe the rights and responsibilities of each party in the event of a termination, including any requirements for the volunteer to return equipment or materials
- When you have outlined all the necessary procedures and processes related to termination and dispute resolution, you can check this off your list and move on to the next step.
Explaining the process for resolving any conflicts between the volunteer and the organization
- Outline a clear set of policies and procedures for resolving conflicts between the volunteer and the organization.
- Ensure that the policies and procedures are fair and unbiased.
- Include the process for filing and responding to complaints.
- Describe the steps for escalating the dispute to a higher authority, if necessary.
- Include a clause that requires the volunteer to cooperate with the dispute resolution process.
- Once the dispute resolution policies and procedures have been drafted and agreed upon, include them in the contract.
Once the dispute resolution policies and procedures have been drafted and included in the contract, you can check this step off your list and move on to the next step.
Addressing any other relevant matters
- Include any relevant rules and regulations that the volunteer should be aware of
- Specify any additional terms or conditions of the agreement
- Review the agreement with both parties and address any questions or concerns
- Once all questions and concerns have been addressed, the agreement is ready for finalization
- Check off this step on your list and move on to the final step of obtaining the volunteer’s signature.
Finalizing the agreement and obtaining the volunteer’s signature
- Review the contract, making sure all circumstances have been addressed and all parties are in agreement
- Have the volunteer read the contract and sign it
- Obtain a copy of the signed contract for your records
- Once the contract is signed, you can check this step off your list and move on to the next step.
FAQ:
##Q: What are the differences between a volunteer agreement and an employment agreement?
Asked by Noah on January 15th, 2022.
A: A volunteer agreement signifies that the volunteer is not an employee of the organization, and is not entitled to any legal protection or benefits related to employment. An employment agreement, on the other hand, is a legally binding document that outlines the rights and responsibilities of an employee. It provides job security, as well as outlining their pay, job duties and other aspects of the relationship between employer and employee.
###Q: In what cases would it be appropriate to use a volunteer contract?
Asked by Abigail on May 8th, 2022.
A: A volunteer contract is most suitable for organisations that involve volunteers for a specific purpose or project. This could include short-term activities such as events or community projects, or longer-term volunteering such as teaching or mentoring. The contract should outline what the volunteer is expected to do, as well as their rights and responsibilities, including any obligations towards the organisation.
###Q: What are the legal implications of drafting a volunteer contract?
Asked by Owen on June 11th, 2022.
A: Drafting a volunteer contract has legal implications in terms of both UK and EU legislation. In the UK, volunteers have certain rights and protections under the Equality Act 2010 which must be taken into consideration when drafting a contract. In addition, if you are based in the EU then you should also adhere to GDPR regulations in relation to data protection. It is important to ensure that your contract takes into account any relevant regulations that may apply to your organisation or sector.
###Q: What information should I include in a volunteer contract?
Asked by Emma on August 3rd, 2022.
A: When drafting a volunteer contract you should include key information such as details of the project or activity, any rights and obligations of both parties, and how conflicts or disputes will be addressed. You should also include information about insurance cover for volunteers (if applicable), any payment terms (e.g. reimbursement for travel costs), and any confidentiality clauses in relation to data protection or intellectual property rights.
###Q: How long does a volunteer contract last for?
Asked by Jackson on October 20th, 2022.
A: The length of a volunteer contract will depend on the nature of the project or activity that it relates to. Usually it will cover a specific period of time (e.g. three months) but it can also be more open-ended if required (e.g. until completion of the project). It is advisable to specify an end date in order to ensure that both parties know when the arrangement will come to an end.
###Q: Are there any minimum requirements when drafting a volunteer contract?
Asked by Mason on September 5th, 2022.
A: Yes – there are certain minimum requirements when drafting a volunteer contract in order to make sure that it is legally compliant with relevant laws and regulations (such as GDPR). Your contract should include details about payment terms (if applicable) for any expenses incurred by the volunteer; any insurance cover provided; confidentiality clauses; and how disputes or disagreements will be resolved between both parties.
###Q: What are my rights as a volunteer?
Asked by Emily on April 28th, 2022.
A: As a volunteer you have certain rights under UK law which must be respected when drafting your agreement with an organisation or employer. This includes protection from discrimination under the Equality Act 2010; access to training; reasonable access to toilet facilities; health and safety protection; and access to an employment tribunal if needed (for example if you feel that your rights were breached). It is important to make sure that these rights are outlined in your agreement so that you know where you stand if issues arise during your volunteering period.
###Q: Does my employer need to provide me with insurance cover as a volunteer?
Asked by Liam on July 20th, 2022.
A: It depends on what type of activity you are undertaking as a volunteer – some activities may require employers to provide additional insurance cover for their volunteers depending on the level of risk involved (for example in activities such as outdoor sports). In general though most employers do not need to provide insurance cover for their volunteers unless it is specifically requested by them or required by law (such as in the case of working with vulnerable adults). However it is worth discussing this with your employer before you begin volunteering so that you can ensure that all necessary precautions have been taken if necessary.
###Q: Should I get my agreement checked by a lawyer before signing?
Asked by Ava on November 10th, 2022.
A: If possible it is always advisable to get your agreement checked over by an experienced lawyer before signing it – this will help ensure that all relevant laws have been taken into account and that your rights are protected throughout your volunteering period. It may also be worthwhile getting professional advice if you are unsure about anything within the agreement so that you can make sure that it meets your needs before signing it off officially.
Example dispute
Lawsuits Referencing a Volunteer Contract
- The plaintiff may be able to raise a lawsuit if they can prove that the volunteer contract they signed was not valid due to a lack of consideration, fraud, or illegality.
- They need to provide evidence that the volunteer contract was not valid or that it was breached by the defendant in some way.
- The plaintiff may be able to recover damages, such as financial losses or mental suffering, depending on the circumstances.
- In some cases, the plaintiff may be able to recover punitive damages, which are intended to punish the defendant for their wrongdoing.
- The plaintiff may also be able to seek an injunction, which is an order from the court requiring the defendant to take certain actions or refrain from taking certain actions.
- Settlement may be reached through negotiation, mediation, or arbitration.
- If the case goes to trial, the plaintiff may be able to recover damages if they can prove that the defendant breached the agreement or that the contract was invalid. The amount of damages will depend on the facts of the case, such as the severity of the breach and the amount of harm caused.
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