All Hands and Hearts – Volunteer Hold Harmless, Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 and Code of Conduct Agreements

Please read the following Hold Harmless Agreement, Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 and Code of Conduct Agreement carefully. Checking the box on your Volunteer Agreement form confirms your understanding and agreement to their terms, conditions and requirements.

Hold Harmless Agreement

I acknowledge that I have been informed by the terms of this agreement that my volunteer service with All Hands and Hearts, Inc., a Massachusetts 501(c)(3) (tax-exempt charitable) organization (“All Hands and Hearts”) involves disaster relief work that is potentially hazardous and/or dangerous. I acknowledge that the volunteer work I will be asked to perform may expose me to illness, injury, emotional trauma or illness, disability and/or death.

I acknowledge that I may be travelling, including in my own or other motor vehicles, both owned and non-owned by All Hands and Hearts, and working in dangerous and unhealthy circumstances with limited access to medical care.

I also acknowledge that I may be exposed to or called upon to work with dangerous equipment and/or dangerous conditions, which may cause injuries and/or death and/or property damage to me, my motor vehicle and passengers, or other property or individuals. I acknowledge that the All Hands and Hearts employees and volunteers with whom I will be travelling, working and/or receiving assignments, advice or instruction, many of whom are untrained in the work being performed, are, by the nature of the project, subject to errors in judgments and decisions. Among the possible mistakes in judgments and decisions are: my physical and emotional ability to handle the tasks and conditions existing during the term of my volunteer service; a failure to correctly assess any injury or physical or mental health condition I may have at the time of my volunteer service or sustained during the period of my volunteer service; and my experience or expertise in handling assigned tasks.

I acknowledge and affirm that I have the opportunity to ask any questions I may have of All Hands and Hearts personnel prior to my departure for volunteer service and prior to the commencement of my volunteer work. I also acknowledge that, despite any answers I have received with respect to my inquiries, the conditions and circumstances of my volunteer service may change to meet the demands of the disaster relief project. I understand that my volunteer service shall remain at the will of All Hands and Hearts and may be terminated at any time for any reason by All Hands and Hearts.

If at any time I conclude that I am physically or emotionally incapable of performing a task or enduring the conditions existing during my volunteer service, I understand that it is my sole responsibility to inform All Hands and Hearts personnel that I cannot or will not perform an assigned task or that I cannot or will not continue to endure the conditions of my volunteer service. Should I elect to perform a task after informing All Hands and Hearts personnel or volunteers of my reservations about performing the task, I fully acknowledge that the decision to do so is my own, free from pressure or duress by any person. I understand that I am free to end my volunteer service at any time, without reservation or penalty of any kind. I agree that my decision to perform an assigned task is my certification that I am physically and/or emotionally capable of performing the assigned task despite any prior representations I may have made regarding my physical and/or emotional health.

I hereby agree, on behalf of my children, heirs, executors, administrators and assigns, to the fullest extent allowed by applicable law, to release, indemnify and defend All Hands and Hearts and any and all of its volunteers, personnel, board members, contractors, partners, donors and associates with respect to all claims, liabilities, losses, suits or expenses, including all litigation costs and attorney’s fees, brought by anyone, including me, in connection with my participation in All Hands and Hearts projects. By this agreement I agree to waive all claims, whether legal or equitable, for losses, including property damage or bodily injury sustained in connection with use of my motor vehicle or any other motor vehicle in connection with All Hands and Hearts projects, that I may claim to be caused, in whole or in part, by the negligence of All Hands and Hearts personnel, volunteers, board members, contractors, partners, donors and associates.

I authorize All Hands and Hearts to copyright, publish, use, sell or assign any and all photographic portraits or pictures, television spots, movie films, videotapes and/or sound recordings or any part thereof, that may have been taken of me during my volunteer service. I hereby waive any right I may have to inspect and/or approve the finished product or the advertising copy that may be used in connection therewith or the use to which it may be applied.

I authorize All Hands and Hearts to seek and obtain medical care for me should its personnel deem it necessary to do so. I also authorize All Hands and Hearts to seek and obtain my evacuation from the disaster relief site. In so doing, I agree to hold harmless any and all persons who seek or obtain my evacuation and/or medical care. Eligible medical services and any evacuation will be paid in accordance with All Hands and Hearts’ Business travel insurance policy as allowed and approved by its carrier. With respect to any medical expenses or evacuation not covered by this policy, or which is deemed ineligible by All Hands and Hearts’ carrier, I agree to assume full responsibility for the cost of all such medical services and/or evacuation.

I agree that this agreement shall be governed by Massachusetts law, without reference to principles of conflicts of laws. Any legal action I may take, despite the terms of this agreement, shall be brought in the Commonwealth of Massachusetts. Before bringing any legal action for any claim I may make, I agree to participate in mediation in the Commonwealth of Massachusetts with a Massachusetts-based mediator mutually acceptable to the parties. If mediation should fail to resolve any claim I may make, I agree to engage in binding arbitration in the Commonwealth of Massachusetts under the rules and regulations of the American Arbitration Association and before an arbitrator approved under its rules and regulations mutually acceptable to the parties. Should any claim I may make be dismissed or withdrawn, either in arbitration or in a court proceeding, I agree to pay all the costs and attorney’s fees incurred by All Hands and Hearts, its personnel or volunteers.

Should any portion of this agreement be determined to be unenforceable, the remaining portions of the agreement shall remain in full force and effect without modification.

I give my consent to All Hands and Hearts to conduct a full and complete background investigation of me at any time in connection with my volunteer service.

I have read this document, or in the event I am unable to read this agreement by reason of language and/or understanding, I have independently undertaken to have it read to me or translated for me, and I acknowledge that I have voluntarily signed it, and that no oral or written representations, statements, or inducements apart from the terms of this agreement have been made to me in signing this agreement. I further agree that no prior or contemporaneous oral or written statement may be used by me to modify the terms of this agreement nor may this agreement be modified in any respect following the date of my signature except by way of a written modification agreement with All Hands and Hearts.

I understand that this agreement is subject to All Hands and Hearts’ privacy policy, which assures me that All Hands and Hearts will not share my personal information with anyone outside the organization without my permission. Additionally, I have been assured that all information regarding me, whether collected online or in person, is collected via secure channels and stored in All Hands and Hearts’ secure databases and facilities.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. All Hands and Hearts has put in place preventative measures to reduce the spread of COVID-19; however, All Hands and Hearts cannot guarantee that you will not become infected with COVID-19. Further, attending the All Hands and Hearts program could increase your risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk I may be exposed to or infected by COVID-19 by attending the All Hands and Hearts program and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I also agree to comply with all federal, state and local mandates, as well as any policies of All Hands and Hearts, relating to social distancing, hygiene, cleaning and disinfection and any required health screenings. I agree to stay home if I have been exposed to COVID-19 in the past 14 days, am not feeling well or am displaying any symptoms of COVID-19. I also agree to immediately notify the Program Director if I experience any of the foregoing while on program. I understand that the risk of becoming exposed to or infected by COVID-19 on the All Hands and Hearts program may result from the actions, omissions, or negligence of myself and others, including, but not limited to, All Hands and Hearts employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with attendance on the All Hands and Hearts program. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless All Hands and Hearts, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of All Hands and Hearts, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any All Hands and Hearts program.

Code of Conduct Agreement

Joining the All Hands and Hearts’ community comes with great rewards and responsibilities.

Purpose
Our code of conduct is one of the ways All Hands and Hearts ensures we work effectively as a team to meet our objectives. It is built around the recognition that we are a humanitarian organization and everything we do in connection with our work at All Hands and Hearts will be measured against the highest possible standards. These standards foster a positive, productive and inclusive environment, allowing us to effectively meet our commitments to communities while preserving a respectable reputation. Individual actions shape how the world views All Hands and Hearts, which is why it’s so important that we each take responsibility for acting ethically and appropriately in all situations.

Please read our Code of Conduct and follow both in spirit and letter, always taking into consideration that each of us has a personal responsibility to incorporate, and to encourage other staff members and volunteers to follow the principles of the Code of Conduct into our work. And, if you have a question or ever think that one of your fellow staff or volunteers or the organization as a whole may be falling short of our commitment, don’t be silent. We want – and need – to hear from you.

Who Must Follow the Code of Conduct?
We expect all of our staff, volunteers and anyone participating in our programs to follow the Code of Conduct. Failure to do so can result in disciplinary action, ranging from a warning to expulsion from the program and/or all future programs. The interpretation and enforcement of this Code is at the discretion of the local team, and this Code should in no way be considered a comprehensive list of offences warranting disciplinary action.

What If I Have a Code of Conduct Related Question or Concern?
If you have a question or concern you can ask any staff member at All Hands and Hearts. You can also contact us at [email protected] for any additional clarification or to address any questions or concerns you may have in relation to our Code of Conduct.

We also have a whistleblower policy so that if you have knowledge or concern regarding an activity that you consider dishonest, fraudulent, unethical or in violation of any of our organization’s policies., you can contact our Ombudsman ([email protected]) to launch an investigation.

No Retaliation
All Hands and Hearts prohibits retaliation against any staff member or volunteer who reports or participates in an investigation of a possible violation of our Code of Conduct or reports an activity that she/he considers dishonest, fraudulent, unethical or in violation of any of our organization’s policies. If you believe you are being retaliated against, please contact our Ombudsman ([email protected]).

Serving Communities Impacted by Disaster
As an organization we have worked hard to establish and maintain a reputation built on trust and respect. This reputation is our most valuable asset, and it is up to all of us to ensure we continually earn that respect and trust. The communities we serve value All Hands and Hearts not only because we provide disaster relief, but because we hold ourselves to a higher standard in how we treat those within the community and each other. We apply these same high standards to all aspects of how we operate.

Keeping the following principles in mind will help us to maintain that high standard:

  • Respect One Another: All Hands and Hearts strives to achieve an inclusive and respectful environment for all volunteers and staff. All representatives shall behave with respect for each other and the cultural environment in which we are working. Sexual relationships with members of the local community are not permitted. Relationships must be carried out in a discreet and responsible manner. Relationships between two members of staff, or a staff member and volunteer, require a Consensual Relationship Agreement to be signed.
  • Workplace Health, Safety and Security: All Hands and Hearts is committed to providing a safe working environment. We expect all staff and volunteers to abide by the policies we have put in place to keep our staff and volunteers safe. This includes ensuring you are inside the base by curfew, you understand and abide by our safety rules and follow our code of conduct at all times. Volunteers and staff are expected to follow all safety rules and practices; cooperate with those who enforce these rules and practices; take necessary steps to protect themselves and others; attend required safety training; and report immediately all accidents, injuries and unsafe practices or conditions. In order to enhance workplace security, you should be familiar with and follow any work safety information and training provided to you.
  • Harassment, discrimination and bullying: All Hands and Hearts aims to provide an inclusive environment for all and prohibits discrimination, harassment and bullying in any form – verbal, physical, or visual. If you believe you’ve been bullied or harassed by anyone in our organization we strongly encourage you to immediately report the incident to the Program Director and/or Human Resources ([email protected]). Anyone who learns of any such incident should immediately report it to Human Resources. HR will promptly and thoroughly investigate any complaints and take appropriate action.
  • Drugs and Alcohol: Our position on substance abuse is simple: It is incompatible with the health and safety of our staff and volunteers, and we don’t allow it. Consumption of alcohol is not banned at our programs, but use good judgment and never drink in a way that leads to impaired performance or inappropriate behavior, endangers the safety of others, or violates the law. Illegal drugs on our programs or at any All Hands and Hearts event are strictly prohibited.
  • Acts and Threats of Violence:We are committed to a violence-free environment, and we will not tolerate any level of violence or the threat of violence on our program. Under no circumstances should anyone bring a weapon to our program. If you become aware of a violation of this policy, you should report it to the Program Director immediately.
  • Abiding by the Law: We expect staff and volunteers to abide by the law of the country in which we are working. We will not tolerate any illegal activity, including the consumption or possession of illegal drugs, whether inside or outside the All Hands and Hearts base. Volunteers are subject to local, state and national jurisdictions in which we operate.
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