By signing below, I acknowledge my understanding that, by volunteering for the Orange County Point-in-Time census of homeless individuals in Orange County (henceforth “Everyone Counts Orange County”), I represent City Net—a DBA of Kingdom Causes, Inc., henceforth the “Organization”—and the County of Orange. I attest that I am over the age of 18. I further agree to the following provisions:
VOLUNTEER SERVICE
I have agreed to serve as a volunteer for Everyone Counts Orange County. I have done so freely, under no duress.
STANDARDS OF ETHICAL AND PROFESSIONAL BEHAVIOR
I understand that I am required to uphold the highest level of ethical and professional behavior throughout the duration of my involvement with Everyone Counts Orange County. By signing below, I acknowledge that it is my responsibility to comply with all relevant laws, policies, and regulations concerning my behavior as a volunteer in Everyone Counts Orange County.
PERSONAL INFORMATION RELEASE & LICENSE
This Release & License is for the following Personal Information:
- Image/Visual likeness
- Name
- Voice
I, the undersigned, hereby grant the Organization permission to use, exploit, adapt, modify, reproduce, distribute, publicly perform and display, in any form now known or later developed, my image or visual likeness, my name and/or my voice (the “Personal Information”) as specified in this Release and indicated above, throughout the world, by incorporating it or them into publications, catalogues, brochures, books, magazines, photo exhibits, motion picture films, internet websites, videotapes, and/or other media (the “Works”) or commercial, informational, educational, advertising, or promotional materials relating thereto.
I release, and hereby agree to indemnify, defend, and save harmless the Organization, its agents, employees, licensees and assigns (collectively, “Released Entities”) from any and all claims I, or any third party, may have now or in the future for invasion of privacy, right of publicity, copyright infringement, defamation or any other cause of action arising out of the use, exploitation, reproduction, adaptation, distribution, broadcast, performance or display of the Personal Information.
I waive any right to inspect or to approve any Works that may be created using the Personal Information and waive any claim with respect to the eventual use to which the Personal Information may be applied. The Personal Information may be used at the Organization’s sole discretion, with or without my name or with a fictitious name, and with fictitious or accurate biographical material, alone or in conjunction with any other material of any kind or nature except that the Organization will not use the Personal Information for any criminal or illegal purposes or in a manner inconsistent with community standards of decency.
I understand and agree that the Organization is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Works, and any commercial, informational, educational, advertising, or promotional materials containing the Materials.
EXPRESS WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
In consideration for being allowed to participate in volunteer service (the “Activity) with City Net—a DBA of Kingdom Causes, Inc. (hereinafter the “Organization”) —the Undersigned hereby agrees to this express waiver of liability against the Organization, and enters into this Release and Indemnity Agreement with Organization, as set forth below. The Undersigned, for themselves and their personal representatives, assigns, heirs, and next of kin, and each and every one of them, states and agrees as follows:
I am fully aware of the risks and hazards inherent in engaging or participating in the Activity, including, but not limited to, the possibility of physical or emotional stress and/or injury, sickness, paralysis, or death (collectively “Injuries”), and I voluntarily assume the risks of all or any such Injuries that may be sustained in engaging or participating in the Activity.
I hereby voluntarily release, discharge, waive, and relinquish any and all claims, actions, or causes of action for personal injury, property damage, or death I may have against the Organization, its directors, officers, members, affiliated entities, subsidiaries, agents, attorneys, employees, representatives, successors, heirs, licensees, assigns, and all persons acting in concert and participating with the Organization (collectively referred to as “Released Parties”) occurring or arising as a result of my participation in the Activity and any and all instruction or supervision related to said Activity, save and except only those claims based on Organization’s fraud, violations of law, gross negligence, or willful injury to persons and property.
I hereby agree that this Agreement shall apply to all unknown and anticipated claims, injuries, causes of action, and damages, as well as any known claims, and I waive the provisions of Section 1542 of the California Civil Code which provides: “A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
I hereby agree to and shall indemnify, defend, save, and hold harmless the Released Parties from any loss, liability, damage, and cost of attorneys’ fees that a Released Party actually incurs resulting from or arising out of my participation in the Activity.
I hereby agree that if any part of this Agreement is held by the Court or arbitration panel of competent jurisdiction to be invalid, void, or unenforceable, such decision shall not affect the validity of any remaining provision of this Agreement. Remaining provisions shall remain in full force and effect as if this Agreement had been executed without the invalid provision included.
I hereby agree that any dispute or claim hereunder shall be resolved exclusively by arbitration under the then prevailing Commercial Rules of the American Arbitration Association. The undersigned waives any and all rights to a jury trial in connection with any dispute or matter arising under this Agreement.
I hereby warrant that the foregoing representations and agreements are true and correct, and that I understand and acknowledge that the Organization has relied upon my representations and agreements in entering into this Agreement and agreeing to my participation in the Activity. No representations, statements, or inducements of any kind, oral or in writing, have been made by or between the parties to this Agreement with respect to the subject matter of this Agreement, apart from the matters set forth within this Agreement.
CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT
For and in consideration of the mutual promises and obligations hereafter set forth, and in connection with Undersigned’s employment, engagement, or services to City Net as an employee, temporary employee, volunteer/intern, contractor, partner, officer, and/or Director of City Net, both City Net and Undersigned (the “Parties”) hereto agree as follows:
1. For the purpose of this agreement, the term “Confidential Information” shall include but not be limited to all City Net proprietary information, documents, recordings, materials, and marketing strategies and concepts; the identity, names, and addresses of all past, current, and potential clients, investors, lenders, funders, and partners; employee-related documents and information, financial statements, plans, budgets, and any and all relationships and arrangements developed by City Net, its employees, and its agents; and shall include but not be limited to all financial and marketing information, lists of partners and funders and lists of prospective partners and funders, and such other and further information designated in writing by City Net to be confidential (whether or not such information was developed by Undersigned), since the Parties hereto agree that all information developed in connection with City Net business is considered to be the sole and exclusive property of City Net.
2. It is understood and agreed that during the course of the business relationship, volunteer service, and/or employment of Undersigned in City Net’s services and other business conducted by City Net (hereinafter referred to collectively as the “Services”), that City Net might or will disclose Confidential Information to Undersigned. In consideration of such disclosure, Undersigned agrees to maintain the confidentiality of all such Confidential information unless s/he receives the prior express written consent of City Net. In this regard, Undersigned agrees to restrict disclosure of Confidential Information to any of City Net’s other employees, consultants, agents, or affiliates and other third parties except those who have an absolute need to know such information and who have executed a copy of this Agreement before such Confidential Information is revealed to them. Undersigned agrees that by virtue of Undersigned’s position of trust within City Net, s/he will utilize the highest standard for privacy, care, and responsibility to ensure that the Confidential and Private Information shall be retained in secret and shall not be utilized in competition with City Net or any successor directors or operators of City Net and shall not be disclosed in any way or manner to others. Further, Undersigned agrees not to use or disclose any Confidential Information gained in connection with the Services for any purpose after separation from City Net.
3. Undersigned agrees that the Confidential Information disclosed by City Net shall be used solely and exclusively for the purpose of assisting City Net in the performance and promotion of its business and/or services and in the relationship between the Parties or in a subsequent specifically defined transaction or other business or development of services initiated by City Net.
4. Upon termination of Undersigned’s relationship with City Net, or at any time upon City Net’s request, Undersigned agrees, at her/his own expense, to immediately return all property, including without limitation all papers, copies of permits, records, documents, summaries, lists, samples, materials, and the like of every kind, and any and all copies thereof which Undersigned may have or may have created based upon the Confidential Information provided by City Net.
5. Non-Disclosure and Non-Circumvention: In addition to the requirement of confidentiality set forth hereinabove, Undersigned specifically agrees not, directly or indirectly, to disclose or circumvent City Net in any manner whatsoever in developing its Services, projects, or transactions similar to its Services; in using information provided by City Net to Undersigned; or in using information disclosed, intentionally or unintentionally, by City Net to Undersigned, in any manner whatsoever, including without limitation matters relating to the Services, business contacts of City Net associated with its Services, or the financing of the Services, to the exclusion of City Net. Undersigned further specifically agrees not to use the Confidential Information disclosed to him/her by City Net hereunder for her/his own economic benefit to the exclusion of City Net, or to usurp in any manner whatsoever opportunities specifically relating to the Services.
6. Modification or waiver of any of the provisions of this Agreement shall not be valid unless in writing and signed by the Parties.
7. It is recognized and agreed to by the Parties hereto that irreparable damage would result from any breach of this Agreement. The Undersigned agrees that a Party injured by Breach of this Agreement shall have the capability of seeking equitable as well as monetary relief to enforce this Agreement. In this regard, Undersigned specifically agrees to the entry by a court of competent jurisdiction of a temporary restraining order, temporary injunction, and/or permanent injunction against the other, its employees, consultants, agents, representatives, affiliates, and all other persons or parties who have executed this Agreement. City Net shall be entitled to collect all costs and expenses, including without limitation attorney’s fees, filing costs, and court costs, it incurs in enforcing or intention to enforce this Agreement.
