The Volunteer shall be encouraged to volunteer for the Organization upon the terms and conditions set forth in this Agreement.
2. Term of Service
Neither this Agreement nor the language used herein is intended to create or constitute a term of service agreement. The volunteer is volunteering at-will and both the Organization and Volunteer have the right to terminate the volunteer’s service with the Organization at any time for any reason or no reason at all, with or without notice.
The Volunteer and the Organization mutually recognize that Volunteer may be in a position to obtain confidential information, client and donor list, and will develop relationships with specific clients and donors. The Volunteer and the Organization further recognize that the Volunteer will, by virtue of working at the Organization, continually have access to that information. Further, as a volunteer of the Organization, the Volunteer and the Organization recognize the Volunteer will acquire knowledge relating to the Organization’s business interest in the knowledge, proprietary and confidential information, including client and donor lists that the Volunteer acquires from the Organization, and that as such these legitimate business interests are to be protected.
The Volunteer will not divulge any client list, donor list, contribution list, or any names, addresses, or any information contained therein, or any other proprietary information gained or taken from the Organization;
The Volunteer will not divulge any financial or corporate information regarding the Organization or any of its clients or donors;
The Volunteer covenants and agrees that the Volunteer shall not engage in the making or publishing of written or oral statements or remarks that are defamatory.
The Volunteer acknowledges that the term “termination of service” means any separation from service from the Organization, either voluntary or involuntary, whether the separation is at the behest of the Volunteer or the Organization, regardless of the reason for separation.
The Volunteer recognizes that any breach of this Agreement may cause the Organization irreparable harm. The Volunteer recognizes that the Organization’s remedies at law may be inadequate and that the Organization shall have the right to seek injunctive relief in addition to any other remedy available to it. Therefore, if the Volunteer breaches this Agreement or any of the covenants contained herein, the Organization has the right to, and may seek, issuance of a court-ordered injunction, as well as any and all other remedies and damages, to compel the enforcement of the terms states herein. The Volunteer expressly agrees that the Organization shall be entitled to injunctive and/or other equitable relief in court to prevent further breach of this Agreement. If court action is necessary to enforce this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs.
If any part of this Agreement is held unenforceable or invalid, the remaining parts thereof shall continue to be enforceable. If the provisions imposing time restrictions are deemed unenforceable by a court of competent jurisdiction, then such provisions for the purposes of this Agreement shall include the maximum time period which a court of competent jurisdiction determines to be reasonable, valid, and enforceable. 4. Termination of the Volunteer Service
The Volunteer agrees that any breach by the Volunteer of any of the covenants set forth in Section 3 hereof may be grounds for immediate dismissal of the Volunteer and may subject the Volunteer to a civil action for monetary damages, which may be in addition to and not exclusive of any and all other rights and remedies the Organization may have against the Volunteer. If court action results from any breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and courts costs.
5. Consideration and Condition of Volunteer
The Volunteer acknowledges that signing this Agreement is a condition of volunteering and that volunteer service or continued volunteering is sufficient consideration for signing this Agreement and compliance with the promises made herein. Failure to execute this Agreement is grounds for immediate termination.
6. Entire Agreement—Amendment
This Agreement shall supersede any and all existing oral or written agreements, representations, or warranties between the Volunteer and the Organization relating to the terms of Volunteer service to the Organization. It may not be amended except by a written agreement by both parties.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon applicable to agreements made and to be performed in that State, without regard to its conflict of law’s provisions.
IN THE WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written.
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