BWN Photographer Agreement

Volunteer Services Agreement

 

This agreement is entered into effective as of “today's date”, by and between “Volunteer” and the Butterfly Wishes Network, a non-profit organisation (“BWN”).

            ⁃           BWN administers a network of volunteers who donate their time, services and/or materials in furtherance of the mission of BWN (the “Services”); namely providing professional photography services to parents of a child with life shortening conditions (the “Recipient(s)”);

            ⁃           BWN operates a website through which the Recipient locate information regarding the Services, including the application form to apply for the Services;

            ⁃           The Volunteer desires to offer his or her services free of charge to families in need on behalf of BWN and to be included on the website as a volunteer

            ⁃           BWN desires, in its sole discretion, to list the Volunteer on the website as a volunteer.

In consideration of the forgoing and of the mutual undertakings set forth below, the parties hereto agree as follows:

Section 1        Scope of Service

The Volunteer agrees to provide the Services on behalf of BWN. Volunteer professional photographers may provide their Service by giving a private portrait session of Recipient's child and/or family. The portrait session shall include: travelling to the agreed location to provide Services to the Recipient; conducting a private portrait session of Recipient's child and/or family; professionally retouching the session images; uploading the images to the Site via BWN within FOUR [4] weeks of the session date.

Section 2        Donation of Time

It is mutually understood that the Volunteer shall donate the Services and that the Volunteer is not entitled to nor expects any present or future salary, wages, or other benefits for these Services from BWN or the Recipient. Under no circumstances should the Volunteer bill or charge the Recipient or BWN for any Services, including but not limited to Photography Services, or related costs and expenses, including without limitation costs and expenses related to materials, processing, or any other costs associated with producing the portraits.

Section 3        Agreements

The Volunteer agrees that:

            (a)    services shall be performed in a highly professional manner and in accordance with the terms and conditions of this Agreement;

            (b)     he or she understands and agrees to fully abide by the BWN Code of Conduct (the “Code of Conduct”) posted on the Site, which Code of Conduct may be updated from time to time;

            (c)     the Volunteer shall, in performing the Services, comply with all UK laws.

Section 4        Ownership Rights

The entire copyright in the photographs is retained by the photographer at all times. Where a disc of photographs or digital download has been provided to the Recipient as part of the Services, these photographs may be printed and displayed online by the Recipient for personal but not commercial use. BWN have full licence to use such photographs in the promoting of BWN Services including but not limited to, the BWN Site, Facebook page and printed media. In signing these terms & conditions, the Volunteer agrees as per the BWN Code of Conduct that the photographs will not be used or published to promote their personal photography or any other business. The Volunteer shall keep a copy of the images for a minimum of one year after providing them to the Recipients for the sole purpose of providing additional copies upon request and as a back up in the case of loss or damage during its delivery to the Recipient

Families have the opportunity to purchase professional prints at a discounted rate directly through their gallery on the BWN website. BWN is a non-profit organisation, all and any funds received go back into the promoting of BWN to further the reach to more families who can benefit from the organisation.

Section 5        Site Listing

Within a reasonable time after execution of this Agreement and receipt by BWN of any additional information required by BWN of the Volunteer, BWN, in its sole discretion, will list the Volunteer on the Site under the BWN approved photographer listing.

The Volunteer acknowledges that BWN has no control over who accesses the Site or who contacts the Volunteer as a result of its listing on the Site. BWN takes no responsibility for, nor does it make any representations, guaranties or endorsements with respect to, any Recipient who may contact or receive Services from Volunteer. The Volunteer agrees that if a Recipient contacts the Volunteer directly for Services according to BWN, the Volunteer will request the Recipient to apply via the BWN Site and shall not undertake any Services without adhering to correct application procedure. Site Listing is automatic, if Volunteer wishes to opt out, Volunteer must request so in writing to team@butterflywishesnetwork.co.uk

Section 6        Termination

This Agreement shall be effective as of the date signed. Each Party shall have the right to terminate this Agreement at any time without cause by giving thirty [30] days’ prior written notice to the other party. BWN shall further have the right to terminate this Agreement immediately at any time by written notice to the Volunteer if BWN deems in its sole discretion that Volunteer has not fully complied with the Code of Conduct or does not otherwise meet BWN's standards of conduct.

The Volunteer agrees upon the termination of this Agreement to immediately: notify BWN in writing of any pending photography sessions which he or she agreed to provide but has not yet performed, so that alternative arrangements can be made; and complete any pending uploads of photographs to the Site, if applicable, in connection with photography sessions for the Recipients which the Volunteer already performed.

Section 7     Indemnity

To the fullest extent permitted by law, the Volunteer agrees to indemnify, hold harmless and defend BWN from and against any claims, losses, damages, expenses and all other liabilities arising out of or resulting in whole or in part from the Volunteer's performance or failure to perform under this Agreement. The foregoing indemnity shall include, but not be limited to, court costs, lawyer fees, cost of investigation, costs of defence, settlements, and judgments associated with any and all of the Liabilities.

Section 8     Limitation of Liability

In no event shall BWN have any liability for any loss or damage, whether direct, consequential, indirect or incidental, suffered by the Volunteer arising from or related to this Agreement, including without limitation, loss of profits, interest, or revenue, or use or interruption of business. The Volunteer agrees that any funds expended or expenses incurred for labour, equipment, materials or other items with regard to its provision of Services to Recipients are the sole responsibility of the Volunteer and in no event shall BWN or any Recipient be liable for such expenses. The Volunteer hereby waives any and all claims now and in the future that it may have against BWN for liabilities, losses, actions, damages, judgments, costs or expenses of whatever nature, including lawyer fees, incurred by reason or arising out any injury to any person(s), damage to property, loss of use of any property, violation of law, or otherwise in connection with or related to this Agreement and the provision of Services, including but not limited to Photography Services, to Recipients.

Section 9     Parties Relationship

None of the provisions of this Agreement are intended to create any relationship between the parties other than that of independent parties contracting with each other solely for the purpose of effecting the provisions of this Agreement. In addition, none of the provisions of this Agreement are intended to create any relationship between the Volunteer and any other BWN Volunteer. The Volunteer, nor any of his or her employees, shall have any claim under this Agreement or otherwise against BWN for benefits or compensation of any kind.

Section 10     Confidentiality

The Volunteer shall treat all information, whether or not in writing, that is shared with him or her by BWN and/or Recipients in connection with or relating to the Services and which is not otherwise available to the public, as confidential including, but not limited to: i) information about the Recipients and/or their child; ii) information included on BWN application and family information forms; and iii) information discussed or documented as part of any BWN incident report review or investigation (collectively referred to herein as “Confidential Information”). Volunteer may share Confidential Information to the extent necessary to comply with the requirements as required by law. No Confidential Information in any way relating to the Recipient and/or their child shall be permitted without first obtaining the prior express written consent of the Recipients through BWN Admin, in addition to any other authorisations required by law.

The Volunteer agrees to provide immediate written notice to BWN of the receipt or service of any summons or other legal process directed to the Volunteer regarding any Services performed under this Agreement or in any way related to BWN.

Section 11      Enforceability   

If any one or more of the provisions contained in this Agreement is for any reason, held to be invalid, illegal or unenforceable in any respect, then to the maximum extent permitted by law, such invalidity, illegality or unenforceability will not affect any other provision of this Agreement. This Agreement's indemnification and confidentiality provisions shall survive termination of this Agreement.

Section 12     Counterparts

This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

Section 13     Notices    

All notices, requests, demands and other communications which are required or may be given under this Agreement will be in writing by electronic mail or where stated or specifically requested by postal mail. In each case, notice will be sent to the parties' respective email addresses as provided herein, unless notification of another address is provided in accordance with this Section. BWN contact email address for notice is team@butterflywishesnetwork.co.uk

Section 14     Scope and Modification

This Agreement contains all of the terms and conditions agreed upon by the parties relating to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties relating to the subject matter hereof. This Agreement cannot be modified or changed except by written instrument signed by all parties hereto.