I understand that in the course of volunteering for Foodlink, Inc. (“Foodlink”), I may have access to certain confidential and proprietary information. In consideration of my relationship with Foodlink as a volunteer, and of the access to materials to be received by me as a result of such a relationship, I understand and agree as follows:
1. “Confidential Information” is information which pertains to the business and operations of Foodlink that is not generally available to the public, and includes, but is not limited to: computer programs; data; business processes, practices, or methods; policies and procedures; marketing and development, or business plans; personnel and volunteer information, including the responsibilities, competence, and abilities of such personnel and volunteers; and information related to past, current, and prospective customers, vendors, donors, partners, and suppliers.
2. I agree that I will: (a) hold such Confidential Information in strict confidence and not disclose, display, transfer, copy or make available to any third parties any Confidential Information without the express written consent of Foodlink; (b) use such Confidential Information only as directed by Foodlink to provide services for Foodlink; and (c) return any Confidential Information in my possession to Foodlink upon cessation of my relationship with Foodlink. These obligations shall survive cessation of my relationship with Foodlink.
3. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes all prior or collateral arrangements, proposals and understandings whether written or oral relating to the subject matter hereof. This Agreement may not be modified, amended, cancelled or superseded except in writing signed by both parties hereto. This Agreement will be governed and construed in accordance with the laws of the State of New York.
4. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and to their respective successors and permitted assigns. Neither this Agreement nor any rights or obligations hereunder may be assigned by the volunteer executing this Agreement. In addition to other rights that may be available, Foodlink is entitled to equitable remedies, including injunctive relief, against a breach of these obligations.
In connection with my voluntary involvement in activities undertaken for, and or with the participation and support of Foodlink, I, the undersigned, hereby agree, for myself, my relatives, including minor children, my heirs, assigns, executors, and administers to release and discharge Foodlink and its affiliates, nonprofit partner agencies, its officers and directors, members, partners, funders, employees, agents, and volunteers (the “Releasees”) from all claims, demands, and actions from injuries sustained to me, other people and/or property as a result of my involvement in such activities. I agree to release and hold Foodlink and the Releasees harmless from any cause or action, claims or suit arising from these volunteer activities and/or any failure by me, my relatives, including minor children, and assigns to follow any guidelines or orders given by local, state or federal governmental bodies, such as local and state health departments, and/or Foodlink while engaged in volunteer activities. I hereby attest that my attendance and involvement in such activities is voluntary, that I am participating at my own risk and that I have read the foregoing terms and conditions of this release. I understand in the case of accident or injury that my health insurance is the primary insurance coverage. I hereby confirm, represent and warrant that I have never been charged with or convicted of any crime involving or relating to child abuse or neglect, child pornography, child abduction, or any other violent offense, including kidnapping, domestic violence, rape or any sexual offense, or who have ever been ordered by a court to receive psychiatric or psychological treatment in connection therewith. I agree that I will perform activities that I am comfortable performing and will follow all instructions. I hereby confirm that I have completed all necessary volunteer training, including, but not limited to, Civil Rights and Food Safety training. I also grant full permission for Foodlink and their Releasees, to forever use photographs, videos, audios or quotations from me in legitimate accounts and promotion of Foodlink activities, with or without identification of me by name, and without compensation. This includes Foodlink’s website, Facebook, Twitter, and other social media and media sources. In the course of volunteering at Foodlink, I understand that I may work with confidential information. I agree to keep such information in the strictest confidence. I must abide by the volunteer policies and procedures outlined above, below and otherwise provided to me. In the event of enforcement of this release by Foodlink or the Releasees, I agree to pay all enforcement expenses, including reasonable attorneys’ fees.
