Safety and Conduct

I will comply with ASCL’s volunteer policies, safety rules, conduct expectations, and other directions. I understand that ASCL does not tolerate bullying, harassment, threatening behavior, or violence of any kind.

Volunteer Not an Employee

I understand that I am not an employee of ASCL and will not be paid for participation as a volunteer or be eligible for participation in ASCL’s benefit plans.

Awareness and Assumption of Risk

I acknowledge that volunteering at ASCL has risks, including, but not limited to, tripping, collisions with others, falling, and disease transmission. These risks may arise in a variety of ways, including from my:

• lifting heavy objects or other physical exertion
• climbing
• working with glass and other materials or tools
• interacting with or being in the presence of other volunteers, visitors, or others
• exposure to COVID-19 or other infectious diseases

I assume and accept any and all risks of injury, illness, death, and property damage or loss that may arise from my presence at ASCL’s facilities or participation as an ASCL volunteer.

Waiver and Release of Claims

I waive and release ASCL and its directors, officers, administrators, representatives and executors, past and present employees, volunteers, agents, supervisors, participants, all state and local governments, assigns, sponsors, their representatives and successors and other persons (collectively, the “Releasees”) from any and all claims and liabilities arising from my participation as an ASCL volunteer, including, without limitation, claims in respect of death, illness, or injury to my person or property. I will not sue the Releasees on the basis of these waived and released claims.

Disclosure of Medical Conditions

I understand that I am solely responsible for knowing my own physical condition and making my own decision about volunteering. I understand that certain medication side effects or medical conditions could affect my safety or that of others at ASCL and agree to disclose to the ASCL any such medication side effects or medical conditions which may result in limitations on my volunteer capacity with the ASCL. I consent to ASCL sharing information with health professionals or first responders should I become ill or injured while at ASCL’s facilities or events.

Medical Care Consent

I authorize ASCL to provide me first aid, emergency medical assistance, and transportation. I understand that ASCL is not obligated to provide this care. I also understand that I am solely responsible for any costs related to my medical treatment and transport, and that ASCL does not provide health, medical, disability, or other insurance coverage for me.

Confidential and Proprietary Information.  

a) Confidential Information.  The term “Confidential Information” as used in this Agreement shall mean any confidential or proprietary exchanged material and information (in written, taped or computerized form or format) that is clearly and prominently marked “Proprietary or “Confidential” or that is not so marked but, by its nature, is such that it reasonably should be held in confidence, including, but not limited to information concerning the ASCL and its affiliates, event concepts, research, technical information, products, drawings, designs, development materials or plans, marketing materials or plans, editorial, processes, sales information, performance data, costs, know-how, computer programming techniques, customer or donor lists, trade secrets or other proprietary information, volunteer lists, and any new or planned programs and services.

b) Covenant not to Disclose.  Volunteer agrees to hold the ASCL’s Confidential Information in confidence and to use it solely for the purposes contemplated herein and agrees further that the Confidential Information shall not be used for any other purpose nor disclosed to any third party without the prior written consent of the ASCL. Volunteer agrees it shall apply the same level of confidential treatment to the ASCL’s Confidential Information as it does to its own Confidential Information.  In the event of disclosure or use of Confidential Information not permitted by this Agreement, Volunteer shall notify ASCL immediately, in writing, and shall provide reasonable efforts to assist in minimizing the damage, harm, and other adverse effects of such disclosure.  Such remedy shall be in addition to, and not in lieu of, any other rights and remedies ASCL may have at law or in equity against the Volunteer.

c) Exclusions.  The obligations under the Confidential and Proprietary Information Section shall not apply to information that is at any time: (a) already known to the Volunteer at the time it is disclosed to the Volunteer; (b) publicly known through no wrongful act of the Volunteer; (c) rightfully received from a third party without restriction on disclosure and without breach of this Agreement; (d) independently developed by the Volunteer; (e) approved for release by written authorization of the ASCL; (f) furnished by the ASCL to a third party without written restriction on disclosure; or (g) disclosed pursuant to a requirement of a governmental agency or of law, provided, however, that, to the extent viable under the circumstances, the Volunteer has notified the ASCL in advance of such disclosure and the ASCL has had an opportunity to seek a protective order or other appropriate remedy and the Volunteer has reasonably cooperated with such efforts; and provided further, however, that the Volunteer furnish only that portion of the Confidential Information that is legally required to be so disclosed.

d) Return of Information.  If the ASCL provides the Volunteer with written notification of its request for return of its Confidential Information, then the Volunteer shall promptly return to the ASCL all materials and information comprising the ASCL’s Confidential Information, including any and all copies, facsimiles and reproductions thereof, and any other material containing or reflecting any materials or information in the Confidential Information.  All other documents, memoranda, notes and other writings whatsoever prepared by the Volunteer or the Volunteer’s representatives based on the materials or information in the Confidential Information shall be destroyed and such destruction shall be confirmed in writing to the ASCL. Notwithstanding the delivery or destruction of Confidential Information, Volunteer shall remain bound by the obligations, including the confidentiality obligations set forth in this Agreement.

e) Ownership.  All right, title and interest in and to the Confidential Information and intellectual property produced based on the Confidential Information is and shall remain the sole property of the ASCL.  Subject only to the Volunteer’s limited use of the Confidential Information for the purpose set forth above in this Agreement, the Volunteer acknowledges and agrees that nothing in this Agreement shall be construed as granting any rights, license or otherwise, to any Confidential Information disclosed pursuant to this Agreement, and the Volunteer shall not violate any of the ASCL’s intellectual property or other rights in or to the Confidential Information.

f) Remedies.  The Volunteer hereby acknowledges that disclosure of any Confidential Information in violation of the terms hereof would cause irreparable harm to ASCL.  Without prejudice to the rights and remedies otherwise available, ASCL is entitled to equitable relief through injunction if the Volunteer or any of its employees, agents or representatives breaches any provision of this Agreement.  ASCL shall be entitled to pursue all legally permissible remedies available as a result of such breach, including, but not limited to, damages, both direct and consequential.  In any action brought by ASCL under this Section, ASCL shall be entitled to recover its attorneys’ fees and costs from Volunteer. This provision shall survive the termination of this Agreement.

Assignment of Work Product

I grant full rights to ASCL in any reports, brochures, website content, photos, images, videos, or other materials or works I may create in the course of volunteer activities, and any intellectual property rights in or derivatives of such materials.

Use by ASCL of My Name and Image

I consent to use by ASCL of my image, voice, name, and story, and of images of any works I may create as a volunteer, in ASCL’s digital and print promotional, fundraising, educational, and other communications. ASCL may use them without obtaining my approval or paying me for such use. I waive any legal claims related to such use, including claims relating to copyright or rights of publicity or privacy.

Applicable to All Volunteer Work

I understand this Agreement applies throughout the duration of my participation as an ASCL volunteer.

General Provisions

This Agreement will run in favor of each of the Releasees and will bind my heirs, next of kin, and legal representatives. If any provision of this Agreement is found to be unenforceable, the other terms will remain effective.

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