Volunteer Services Agreements
This Volunteer Services Agreement (this “Agreement“) is between Tappy Technology, LLC, a Michigan limited liability company (the “Company“), and the individual named below, with a residence at the address set out below (“I,” “me,” or “Volunteer“), in connection with the donation of your services to visually impaired individuals through the Company’s mobile application (the “Application“). Company and Volunteer agree as follows:
- My services are donated to the end user, and that I am not an employee of the Company and I am not entitled to nor expect any present or future salary, wages, or other benefits for these voluntary services.
- I agree to take the Company’s training and abide by such training and otherwise follow the Company’s directions for providing services.
- I understand that the Application, by its nature, cannot and does not provide me with all the information regarding the user’s surroundings and situation, and as such end users are prohibited from requesting assistant, and I am prohibited from providing assistance, with crossing streets or otherwise traversing high-traffic or dangerous areas, including, without limitation, alleyways, driveways, parking lots, or staircases..
- I understand that safety is the number one priority and that, if I am responsible for injuries to end users or third parties or damages to their property as a result of my negligence, I may be held personally liable for any monetary damages a court may award to the injured party. I further understand that if I engage in gross negligence or willful misconduct such conduct may give rise to criminal liability.
- I will fully cooperate with the Company and its agents in any investigation, lawsuit, arbitration, or any other legal or quasilegal proceedings that arise from the matters covered by this Agreement. I will notify the Company immediately of any incident that occurs or to my knowledge may occur which gives rise to potential liability.
- I shall indemnify, defend and hold harmless the Company and its respective agents, representatives, employees, directors, managers, members, and officers from any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees) resulting from injury to any person, or damage to any property of any end user or third party at or as a result of my services, including, that caused by my willful, wanton or intentional acts.
- I understand that in the performance of my services I may be provided with or have access to certain confidential information, which includes my interactions with end users, and I agree not use such information, or disclose such information to third-parties, other than to provide services or perform my obligations under this Agreement.
- I represent and warrant to the Company that I am at least eighteen (18) years of age, and I have full right, power, and authority to enter into this Agreement and grant the rights granted hereunder.
- This Agreement and all matters arising out of this Agreement are governed by, and construed in accordance with, the laws of Michigan, without giving effect to any conflict of laws provisions thereof. Either party may institute any legal suit, action, or proceeding arising out of this Agreement in the federal or state courts in each case located in Oakland County, Michigan. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. The Parties may not amend this Agreement except by written instrument signed by the Parties. I may not directly or indirectly assign, transfer, or delegate any of or all of my rights or obligations under this Agreement. Any purported assignment or delegation in violation of this Section shall be null and void. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and permitted assigns. This Agreement may be executed in counterparts.