Teacher Volunteer Agreement
This Agreement is made on between Stichting English Academy for Newcomers (EAN), with its principal place of activities being located at Salamancapad 311, NL-3584 DX Utrecht, herewith to be referred to as “Employer” and herewith to be referred to as “Volunteer”. The duration of this contract will be from September 10th, 2019 till August 31st, 2020.
The Volunteer us willing to donate their time and services to the organization listed above, in turn the organization is willing to accept such time and services by the Volunteer.
The intention of this agreement is to assure you that we appreciate your volunteering with us and to indicate our commitment to do the best we can to make your volunteer experience with us a positive and rewarding one.
In consideration of the above, the parties hereby agree to the following Terms and Conditions.
The Volunteer is able to provide the following services:
The Volunteer has agreed to provide a minimum of two (2) hours per week in-class time (Business Days only) during the term of this agreement. The number of hours may be revised upwards depending on the sufficiency of staff for the allocated English classes.
In providing the Services and/or Deliverables the Volunteer shall:
The Volunteer understands the services provided are generally treated as a donation.
Subject to the Employer having sufficient funds, the Volunteer may be remunerated in the amount of up to Four euros Fifty cents (4.50 EUR) per hour for the provided services.
The Volunteer is expected to report to Mrs Kathy Harris
The function of the supervisor includes, but is not limited to, the following responsibilities:
In line with the Civil code, art.7: 658: Care duty of the employer
5.1 The employer must arrange and maintain the spaces, rooms, machines and tools in which or with which work is performed under his responsibility and give instructions and take safety measures as is reasonably necessary to prevent that the Volunteer suffers damage during the performance of his work.
5.2 The employer is towards the Volunteer liable for damage which the Volunteer has suffered from activities performed in the course of his work, unless he shows that he has complied with the obligations mentioned in paragraph 1 or that the damage to a substantial degree results from an intentional act or omission or wilful recklessness on the part of the Volunteer.
For the duration of the volunteering service, as defined in this agreement, and for a period of five (5) years thereafter, the Volunteer shall not disclose, publish or provide to a third party, in whole or in part, any confidential information, nor use such information for any purpose other than their execution of duties as part of the volunteer services.
This obligation not to disclose confidential information shall not apply to information for which the Volunteer can show that one or more of the following apply:
6.1. The Volunteer shall use the Confidential Information (including any Intellectual Property Rights in the Confidential Information) only for the Permitted Purpose and not for any other purpose;
6.2. The Volunteer shall not (directly or indirectly) at any time, without the prior written consent of the academic supervisor, disclose or reveal or permit access to the Confidential Information, in whole or in part, to any person
6.3. The Volunteer shall treat and safeguard as private and confidential all Confidential Information it receives in accordance with a reasonable level of care and not treat the Confidential Information with any less care than it uses in relation to its own confidential information;
6.4. The Volunteer shall not copy or reproduce or part with possession of any Confidential Information or any documents or other material or data made available or disclosed to it as part of the Placement assignment containing Confidential Information, except as consistent with its obligations under this Agreement and to the extent reasonably required for the Permitted Purpose.
7.1 All copyright over the materials developed by the Volunteer, which are used in class or outside of class, but whose ultimate beneficiary are the students of the EAN, is to remain with the EAN. Any patents directly or indirectly resulting from the Placement remain with the organisation offering the Placement, as determined in Dutch patent law (art. 12 paragraph 2 of the Rijksoctrooiwet), except where explicitly otherwise specified.
7.2 All of the Confidential Information (including any Intellectual Property Rights in the Confidential Information) provided by the organisation and/or Utrecht University shall remain the sole property of the respective organisations. All rights in the Confidential Information (including, without limitation, Intellectual Property Rights) are reserved by the organisation offering the Placement and no rights other than those expressly set out in this Agreement are granted to the Volunteer or any Authorised Recipient under this Agreement. The Volunteer shall keep the Confidential Information free of liens, attachments, and other encumbrances.
8.1 At the request of the organisations, the Volunteer will no later than seven (7) days after the organisations’ request: (a) return or destroy (as selected by the Volunteer) all Confidential Information in the possession or control of the Volunteer and its Authorised Recipients together with all copies, records, analyses, memoranda or other notes to the extent containing or reflecting any of the Confidential Information made by the Volunteer and its Authorised Recipients; and (b) erase or procure the deletion of all Confidential Information from any and all computer, word processor or other information retrieval system containing Confidential Information in the Volunteer’s and its Authorised Recipients’ possession, custody or control.
8.2 The requirement for the destruction, erasure, deletion or return of Confidential Information does not apply to Confidential Information which is required to be retained for the purposes of complying with any applicable mandatory law or regulation. Any Confidential Information so retained shall continue to be subject to the terms of this Agreement. Notwithstanding the return or destruction of Confidential Information, the Volunteer shall continue to be bound by its obligations under this Agreement.
9.1 The organisation offering the Placement shall safeguard the Volunteer against any form of intimidation or discrimination in the workplace. The principle of equal rights shall at all times have precedence.
9.2 In conformance with Dutch law (art. 7:658 paragraph 4 of the civil code) the organisation offering the Placement is liable for any injury or damage the Volunteer may suffer during the Placement.
9.3 In conformance with Dutch law (art. 7:661 paragraph 1 of the civil code), if a Volunteer damages the organisation offering the Placement or any third party the Volunteer shall in principle not be held liable. The only way to deviate from that principle is by written agreement and only insofar as the Volunteer is insured against liability (art. 7:661 paragraph 2 of the civil code).
9.4 In the circumstances where the Volunteer displays wrongful behaviour to the students enrolled in the EAN, this agreement will be immediately terminated and repercussions advised on with the Dutch authorities for seeking of remediation.
10.1 Deviation from the articles of this agreement shall only be possible prior to confirmation in writing between the Employer’s agent, the Volunteer and the Placement supervisor.
10.2 Dutch law shall be applicable to all Contracts and all legal relationships between the organization and the Volunteer under this agreement.
10.3 The Volunteer agrees that in the instance of legal proceedings they will cooperate with the Employer as well as the Employer’s agents.
10.4 The Volunteer agrees to provide written notification to the Employer in the event that an incident takes place while the Volunteer is providing the services.
11.1 Each Party shall retain ownership of all Intellectual Property Rights owned by it as at the Effective Date. EAN shall own all Intellectual Property Rights thereafter created at law, made, conceived or reduced to practice by the Volunteer under the Contract that relates to the subject matter of, or arises out of, the Deliverables.
11.2 Any Intellectual Property Rights developed pursuant to the Contract, which are jointly created by the Parties pursuant to the Contract or created by Volunteer as a direct result of Volunteer’s performance relating to the Contract, shall be owned by the EAN.
11.3 The Volunteer hereby waives, to the extent permitted by law, any and all rights, including without limitation any right to identification of authorship or limitation on subsequent modification that the Volunteer has or may have in the Deliverables and in any other Intellectual Property Right that is or becomes the property of the EAN.
12.1 The EAN may by notice to the Volunteer terminate this Agreement in whole or part in any of the following circumstances:
12.2 Either Party may terminate this agreement with immediate effect by notice to the other party:
12.3 On termination or expiry of this agreement:
13.1 Subject to non-performance of the services and/or lack of remediation of the non- performance, the Volunteer is to receive a written notice from the EAN.
13.2 Subject to clause 13.1, if, within one month from the receipt of the written notice, the performance of the Volunteer is not remediated, the Volunteer will be subject to expulsion from the remuneration procedure of the EAN for at least one month, or thirty Business Days.
Dutch law shall be applicable to all Contracts and all legal relationships between the EAN and the Volunteer under this contract. All disputes arising under or in connection with any Contract or the performance of any Contract as well as any disputes regarding this Contract shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.
I, , agrees to be a volunteer with English Academy for Newcomers and commit to the following:
safety procedures and its equal opportunities policy in relation to its staff, volunteers and clients.
circumstances, and provide reasonable notice so that alternative arrangement can be made.
IN WITNESS WHEREOF, THE PARTIES HAVE SIGNED THIS AGREEMENT IN DUPLICATE ON THE DATE SPECIFIED BELOW
Leave this empty:
Signed by Kinan Alajak
Signed On: September 2, 2019
If you have questions about the contents of this document, you can email the document owner.
Document Name: Teacher Volunteer Agreement
Agree & Sign