NOTICE: The Volunteer Agreement may be updated from time to time, so please check for the most recent version of them here.
INTRODUCTION
Welcome to Medwiser’s website (the “website” or “site”). Volunteering for Medwiser Inc. (“Medwiser”) is governed by this Volunteer Agreement.
VOLUNTEER AGREEMENT
1. I [and/or the company, which I represent to be volunteering for Medwiser (“I” or “me”)], hereby accept the Volunteer position which has been offered to me by Medwiser, Inc (“Medwiser”). I understand and agree to the following:
a. The Volunteer position is expected to begin on the earlier date of today’s date or retroactively from the date which I first began working with Medwiser.
b. Medwiser will not pay any salary, wages or other compensation for the volunteer position, will not provide us with any workers’ compensation benefits or other benefits, including health insurance benefits, and all expenses connected with the volunteer position will be borne by myself and/or my company, including travel and related costs;
c. Duties during the volunteer position shall include but is not limited to any of the following:
i. Any work done on behalf of Medwiser (such as developing applications, content, marketing, research, managing, fundraising, programming etc.) or any of its related partners not limited to New York Medical Marijuana Association, the New York Addiction Society, the American Sleep Apnea Society, or the NY Morningstar, Inc.
ii. Developing content and/or material for the Medwiser.
iii. Any other tasks or work that I perform in the future on behalf of Medwiser at a later date and I understand that I will be bound by this agreement for those tasks or work.
d. During the volunteer position, my schedule shall be determined based upon my time availability and time required by Medwiser to complete its project(s).
e. The purpose of the volunteer position is to provide experience for my benefit and benefit to Medwiser; there is no expectation of employment at the end of the volunteer position with Medwiser;
f. I understand that the mission of Medwiser is humanitarian, i.e., to educate, enable and empower individuals worldwide to prevent the spread of HIV/AIDS.
g. I and/or my employees will not be considered to be an employee of Medwiser while being a volunteer.
h. Medwiser accepts no responsibility for costs arising from accidents and/or illness incurred during the volunteer position;
i. I am personally responsible for obtaining any necessary visas and arranging any travel to and from Medwiser; and
j. Medwiser or I may terminate the volunteer position at any time in its or my sole discretion.
k. I undertake the following obligations with respect to Medwiser’s volunteer program:
i. To observe all applicable rules, regulations, instructions, procedures and directives of Medwiser;
ii. To refrain from any conduct that would adversely reflect on Medwiser;
iii. To keep confidential any and all unpublished information made known to us by Medwiser during the course of the volunteer position that I know or ought to have known has not been made public and, except with the prior authorization of Medwiser, not to publish any reports, papers, articles or books on the basis of information obtained during the volunteer position;
iv. To provide written notice in case of illness, absence or other unavoidable circumstances which might prevent us from participating in or completing the volunteer position;
v. To return to Medwiser all Medwiser information and property of any description; I acknowledge that I will not retain any copies, duplicates, reproductions, or excerpts of any Medwiser information or property in any form; and
vi. At the end of the volunteer position to submit a report on my activities during the course of the volunteer position
2. CONFIDENTIALITY AND NON DISCLOSURE. I acknowledge that I may, in the course of my service to Medwiser (“Volunteer Service”), have access to or create (alone or with others) confidential and/or proprietary information and intellectual property that is of value to Medwiser. I understand that this makes my position one of trust and confidence. I understand Medwiser’ need to limit disclosure and use of confidential and/or proprietary information and intellectual property. I understand that all restrictions are for the purpose of enabling Medwiser to fulfill its humanitarian mission, to maintain donors, customers and clients, to develop and maintain new or unique products and processes, to protect the integrity and future of Medwiser and to protect the employment and volunteer opportunities of Medwiser.
I shall promptly and fully disclose to Medwiser any and all Intellectual Property, agree that all Intellectual Property shall be owned by Medwiser, agree to and do hereby assign, transfer and convey to Medwiser the entire right, title and interest in and to all Intellectual Property, will execute and deliver any and all documents, take all actions and render any and all assistance reasonably requested by Medwiser, during or at any time after Volunteer Service, to establish Medwiser’ ownership of, or to enable Medwiser to obtain patents to or register copyrights of, any Intellectual Property, and acknowledge that all Intellectual Property that is copyrightable subject matter and that qualifies as a “work made for hire” shall be automatically owned by Medwiser. In the event Medwiser is unable for any reason whatsoever to secure my signature to any document required to apply for or execute any patent, copyright, or other applications with respect to Intellectual Property, I hereby irrevocably appoint Medwiser and its authorized officers and agents as my agent and attorneys-in-fact to execute and file any such application and to do all other acts to further the prosecution and issuance of patents, copyrights, or other rights with respect to Intellectual Property with the same legal force and effect as if executed by me. As a reminder, Intellectual Property shall only include intellectual property created by us in the course of Volunteer Service or using Medwiser time, equipment, information or materials, and within one (1) year after termination of Volunteer Service and relating directly to work done during Volunteer Service. Whereas, “intellectual property” shall include but not be limited to: all inventions, discoveries, techniques, processes, methods, formulae, ideas, technical data and specifications, testing methods, research and development activities, computer programs and designs (including improvements and enhancements and regardless of patentability), trade secrets and know-how, all copyrightable material that is conceived, developed, or made by me, alone or with others, trademarks and service marks and all other intellectual property. Intellectual Property shall include any intellectual property created by us in the course of Volunteer Service or using Medwiser time, equipment, information or materials, and within one (1) year after termination of Volunteer Service and relating directly to work done during Volunteer Service. Intellectual Property may be in any form, including but not limited to written, oral, electronic, digital or other form.
3. INDEMNIFICATION. I hereby release and hold harmless Medwiser, its employees, agents, representatives, and other volunteers from any or all liability that may arise in connection with my volunteer work with Medwiser and I agree that the terms hereof shall serve as an assumption of risks and release for my heirs, estate, executor, administrator, assignees, and for all members of my families.
4. REPRESENTATION. I acknowledge that I am authorized to act on behalf of any company that I represent to be volunteering for Medwiser.
5. TERM. This Agreement shall remain in effect for the full duration of my Service and extend thereafter for the greater of a one-year term or the maximum term allowed by New York State law. Notwithstanding the foregoing, the duty to hold in confidence Confidential information that was disclosed during my Service shall remain in effect indefinitely.
6. GOVERNANCE. This Agreement shall be governed by the laws of the State of New York. Any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by arbitration in New York State. The prevailing Party shall have the right to collect from the other Party its reasonable costs and attorney’s fees incurred in enforcing this agreement.
7. EXECUTION. This agreement may be executed by electronic signature including, but not limited to, emailing consent, faxing a signed copy of the agreement, accepting a volunteer position, carrying out actions as a volunteer, or indicating that you agree to these terms by any other electronic means not limited to indicating your agreement through an online survey question.
8. SEVERABILITY. If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions Contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
8. These terms and conditions are subject to change by Medwiser, so please check for the most recent version of them here..