What Is a Volunteer Agreement?
A volunteer work agreement is a contract between an organization and an individual that lays out the terms of their relationship, including when the volunteer will work, their responsibilities, obligations and expectations, and payment, if applicable. An organization’s policies should be considered when drafting a volunteer work agreement . Required provisions under various employment laws may be triggered by the agreement if it is not carefully drafted. Additionally, the obligations owed by and to the volunteer may vary depending on if the volunteer is a volunteer for hire, such as with a staffing or temping agency.
Key Components of a Volunteer Agreement
A clear and comprehensive volunteer work agreement is a must-have. It helps ensure that both the volunteer and the host understand each other’s expectations. Accordingly, we recommend that the following items be included in the agreement:
Volunteer Duties: A description of the duties to be performed by the volunteer, including his/her level of responsibility.
Confidentiality of Information: Since the volunteer is often privy to new product information, financials, proprietary information and customer lists, it is important to communicate your expectations with respect to confidentiality.
Liability: The volunteer should agree to release the host for any liability arising out of volunteering for the host organization. Also, you want to insure that the volunteer indemnifies the host for any injury that the volunteer causes to a person or damages to property.
Duration: The duration of the volunteer’s work is to be specified within the agreement with, if necessary, language permitting either party to terminate the volunteer’s work from that agreement without cause.
Legal Implications of Volunteer Agreements
Creating a volunteer work agreement template requires that the drafter take into account all the laws and regulations that apply to unpaid workers and the non-profit organization. Otherwise, the volunteer may become an employee or the organization may find itself in violation of other state and federal labor laws.
The Fair Labor Standards Act (FLSA) is the federal law that governs the payment of employees, including minimum wage and overtime payments. By its terms, the FLSA does not apply to non-profits, so it does not have any effect on the organization and its volunteers. However, it does apply to paid employees of non-profits, so the organization must be careful to comply with the overtime and minimum wage laws when it pays minimum wage workers.
Similarly, state laws govern volunteers and non-profits, so organizations must be aware of the state laws in their jurisdiction that affect volunteers and how they must be classified.
How to Create an Effective Template
To create an effective volunteer work agreement template, follow these steps:
Step 1: Create a Draft
Begin by drafting a layout that includes the organization’s name and address at the top followed by a section for the individual’s information. You can then include sections such as purpose, duration of tenure, expectations, confidential information, termination, and any other agreements that the organization uses. It’s important to include space for both parties to sign along with a date.
Step 2: Customize the Template
Customize the document’s language to fit the requirements of your organization as some may require additional terms or stipulations. However, keep a large portion of the template the same so that it can be used for future volunteers.
Step 3: Add Flexibility
While customizing the template to fit your organization’s needs, also keep it flexible so that it can be used for different types of volunteers. For example, convert any particular job title (e.g. Volunteer Graphic Designer) in the template into a blank space so that it can be typed or written in later to match the specific volunteer’s position in the future.
Typical Pitfalls to Avoid
Mistakes often result because the agreements are not discussed and reviewed with volunteers, a process that may seem unnecessary if those involved think that they already have a solid understanding of their relationship with the organization. However , it is important to personalize the document so that it specifically outlines what the organization expects the volunteer to do and limits the liability of the organization. Failing to do this may cause misunderstandings down the road and could even derail a good working relationship. Veering away from a neutral position in the document by including language or conditions that demonstrate a relationship akin to employer-employee may also complicate a volunteer’s duty to advise a court about assets of the organization. The more details the better, but paragraphing is key for readability – too long of a paragraph may cause volunteers to overlook a requirement they did not agree with before signing.
Utilizing Templates for Various Volunteer Roles
Depending on the needs of the organization, a variety of volunteer opportunities may be considered. For example, for organizations that hold one-time or occasional events, event volunteering is key. This allows people to volunteer for specific tasks on a short-term basis. Organizations benefit from training attendees to understand what is expected of them, and the use of templates helps ensure a volunteer understands what they are agreeing to do. Templates can be created for the training and the agreement. For example, there are event waiver templates to help facilitate sign-off on participation, an activity participation agreement template, as well as an event registration template. Some organizations have a need for long-term volunteers for projects over a longer duration. A longer volunteer project agreement template will lay out the responsibility of the volunteer and the time frame within which the volunteer will be involved. Finally, some organizations require ongoing volunteer work that can be done online in a virtual environment. Virtual volunteering agreements outline the parameters for this work. Freemium software and collaboration tools provide templates for agreements, making managing long-term volunteer roles easier.
Template Creation Resources
For organizations or consultants seeking to create or download a volunteer work agreement template, a number of different resources are available. Most volunteer centers will have model volunteer handbooks and agreements available. They can also provide templates via their websites, as will some nonprofits. In addition , some law schools have public interest law centers that can offer templates or other resources. There are also several state nonprofit associations that have model volunteer handbooks and agreements on their websites, including the Connecticut Nonprofit Alliance, the National Center for Nonprofit Law and the Minnesota Council of Nonprofits. In some cases, these can serve up templates for free. Some states also have nonprofit associations that will review volunteer handbooks or policies for a fee.