VOLUNTEER AGREEMENT & GENERAL RELEASE
This agreement and general release (“Agreement”) sets forth the terms and conditions governing your placement by Thriving Children Advocates, LLC (“we” or “us”) as a volunteer with non-profit organizations designated by us and with organizations that support or render services to or on behalf of non-profit organizations at our direction or in connection with our activities (collectively deemed the “Supporting Organizations”).
As an express condition of our engagement of you as a volunteer, you hereby acknowledge and agree as follows:
1. Your relationship with us and with the Supporting Organizations is voluntary.
2. You shall not be paid and do not have any expectation of being paid.
3. The Supporting Organizations shall be the direct and primary beneficiary of your volunteer services (but this shall not limit our rights herein).
4. Your services are for (and shall be limited to) charitable, religious, and/or humanitarian purposes.
5. No one has promised you anything of value to induce or otherwise persuade you into volunteering for us or for the Supporting Organizations.
6. Your services are not intended to, nor shall they take the place of and/or displace any employee, agent, independent contractor, or other individual working for anyone.
7. Your services shall be rendered on less than a full-time-basis as that term is generally understood in the United States of America.
8. You understand that we expect (and you hereby agree to render your services to us and the Supporting Organizations with a character of) honesty, punctuality, courtesy, cooperation, and appropriate dress and grooming habits. Your service to us shall be your representation that you will promptly obey all of our policies, rules, procedures, and regulations and those of the Supporting Organizations, even those policies, rules, procedures, and regulations of which you may not have received adequate notice thereof.
9. You and your heirs and assigns (individually and collectively deemed “you” for purposes of this Agreement) hereby absolutely, forever, and without condition release, indemnify, discharge, and hold us, the Supporting Organizations, and each of our respective parents, affiliates, subsidiaries, assigns, attorneys, employees, agents, licensees, officers, directors, successors and assigns (hereinafter individually and collectively deemed the “Releasees”) harmless from and against any and all liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, and whether at your instance or at the instance of any third party, relating to any harm, loss, physical or mental injury, physical or mental illness, emotional distress, death, disability, disfigurement, or damage to person or property that you or any third party may suffer arising out of or in any way relating to your placement as a volunteer and/or in connection with your volunteer services for the Releasees (or any of them), whether occurring before, during, or after your actual volunteer services, and whether such loss or damage is direct, indirect, consequential, or otherwise.
10. You affirmatively and expressly assume the risks of unknown and unanticipated claims concerning all matters herein released, and you agree that your release in each instance shall apply to both known and unknown, anticipated and unanticipated claims. If you live in California or are otherwise deemed to be subject to California law, you acknowledge that it is your intention in volunteering and entering this Agreement that your releases in this Agreement shall be effective as a full and final accord and satisfaction and release of each and every matter deriving from or relating to your volunteer services. You acknowledge that you are familiar with Section 1542 of the Civil Code of the State of California which provides that "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." You hereby waive and relinquish any right and benefit which you have or may have under Section 1542, or any similar statute or rule or law, to the full extent that you may lawfully waive all such rights and benefits pertaining to the subject matter hereof.
11. You, your heirs, and assigns hereby irrevocably agree to defend, indemnify, and hold each of the Releasees harmless from and against all claims, liabilities, remedies, defenses, demands, and causes of action of any kind or nature whatsoever, at law or equity, whether known or unknown, by whomever asserted, arising from your representations and warranties under this Agreement or otherwise with respect to the above released matters and/or any conduct in which you engage that is either outside the scope of instructions given to you or which may not have been acknowledged or authorized by the Releasees (or any of them) and/or the Supporting Organizations.
12. It is understood and agreed that in entering this Agreement, and in rendering services pursuant hereto, you have and shall have, the status of an independent volunteer contractor, and nothing herein or otherwise shall contemplate or constitute you an employee, agent, partner, or joint venture of us or the Supporting Organizations or any of the Releasees.
13. This Agreement has been entered into in the State of Tennessee and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of the State of Tennessee applicable to contracts entered into and performed entirely within the State of Tennessee. The venue for any controversy or claim arising out of or relating to this Agreement or breach thereof, shall be the appropriate state and federal courts located in Nashville, Tennessee. Accordingly, you and we each submit to the jurisdiction of such courts. The prevailing party in any such dispute arising hereunder shall be entitled to recover from the other party its reasonable attorneys' fees in connection therewith in addition to the costs thereof.
14. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.
YOU HEREBY CERTIFY THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND GENERAL RELEASE. YOU ACKNOWLEDGE THAT THE AGREEMENT IS LEGALLY BINDING. YOU FURTHER CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE OTHERWISE OF LEGAL CAPACITY TO SIGN THIS AGREEMENT, THAT YOU HAVE CAREFULLY READ THE AGREEMENT AND FULLY UNDERSTAND ITS TERMS AND CONDITIONS, AND THAT YOU ARE FULLY AWARE THAT BY CHECKING THE BOX BELOW YOU ARE PROVIDING YOUR DIGITAL SIGNATURE AND WAIVING CERTAIN LEGAL RIGHTS.