501 (c)3 Non Profit Organizations
One of a Very Few
CODE OF CONDUCT
Gifts of Cheer is committed to maintaining the highest degree of integrity and professionalism with all our dealings with current, past, and potential recipients, in terms confidentiality, and the protection of all personal information received in the course of providing services. We extend the same standards to all our customers, suppliers and associates.
We, at Gifts of Cheer, believe in having comprehensive confidentiality agreements, as well as conflicts of interest and release of liability policies, that all Directors, Committee Members, Officers, Staff, Volunteers, and Recipients must sign. We will not allow our decisions, actions or recommendations to be influenced by issues of gender, race, creed, and/or color.
Gifts of Cheer acts with great care to keep others safe. We work hard to project ourselves honestly, honorably, with kindness, love, compassion and sensitivity. We expect our Directors, Officers, staff, volunteers, clients, vendors, recipients and suppliers to do the same.
Gifts of Cheer pledges to conform to all relevant laws. We believe that all organizations, including Gifts of Cheer, should avoid causing any adverse effect on the recipients we serve, our environment, and the general well-being of society at large.
CONFIDENTIALITY, NON-COMPETITION, AND
THIS CONFIDENTIALITY, NON-COMPETITION, AND NON-SOLICITATION AGREEMENT (“Agreement”), is made this day (the date of your online application), between GIFTS OF CHEER, a Pennsylvania 501(c)(3) non-profit corporation, with its principal place of business located at 3 Fieldcrest Court, Fleetwood, PA 19522 (“GOC”), and you, and your family as potential Gifts of Cheer Recipients, an adult individual whose residence is located at (the residence entered on your volunteer application form). (“RECIPIENT VOLUNTEERS”).
W I T N E S S E T H
WHEREAS, GOC is engaged in the business of serving kids with cancer and many others with debilitating illness or disease by offering financial support, gifts, cards, words of encouragement, and prayer; and
WHEREAS, on this date, RECIPIENT VOLUNTEERS shall begin a term of service as a RECIPIENT VOLUNTEERS for GOC; and
WHEREAS, in connection with the performance of [his][her] duties as a RECIPIENT VOLUNTEERS, RECIPIENT VOLUNTEERS will be entrusted with certain proprietary business information, including (a) trade secrets, proprietary materials or other confidential information of GOC, and (b) client lists and methods of dealing with these clients; and
WHEREAS, GOC and RECIPIENT VOLUNTEERS recognize the highly competitive nature of GOC’s charitable gift giving mission; and
WHEREAS, GOC desires to protect and preserve its good will and going business value by requiring RECIPIENT VOLUNTEERS to agree not to (a) disclose or otherwise use GOC’s trade secrets, proprietary materials or other confidential information, or (b) solicit or do business with, or attempt to solicit or do business with, any of GOC’s clients except on GOC’s behalf, each for the term of this Agreement and for the time period set forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and each intending to be legally bound hereby, the parties agree as follows:
1) Position; Duties. RECIPIENT VOLUNTEERS agrees to serve GOC as a RECIPIENT VOLUNTEERS, with such powers and duties as may from time to time be determined by GOC’s President or Board of Directors. During the time this Agreement is in effect, RECIPIENT VOLUNTEERS will use [his][her] best energies and abilities in the performance of [his][her] duties and responsibilities as prescribed in this Section 1.
2) Consideration. RECIPIENT VOLUNTEERS agrees that the opportunity to serve GOC as a RECIPIENT VOLUNTEERS represents sufficient consideration for the restrictive covenants set forth in this Agreement. Any additional wages, benefits or expense reimbursement, as shall be determined from time to time by GOC, shall constitute additional consideration for the restrictive covenants set forth in this Agreement.
3) At-Will Service. Each party acknowledges, understands and agrees that RECIPIENT VOLUNTEERS's service under this Agreement as an RECIPIENT VOLUNTEERS is at-will; that is, either GOC or RECIPIENT VOLUNTEERS can terminate this relationship at any time, for any or no reason, with or without notice.
4) Trade Secrets and Confidential Information. RECIPIENT VOLUNTEERS, during the term of this Agreement and at any time thereafter, shall not, without the express written consent of GOC, directly or indirectly, communicate or divulge to, or use for RECIPIENT VOLUNTEERS’s own benefit or the benefit of any other person, firm, association, corporation, company or other entity, any of GOC’s trade secrets, proprietary materials or other confidential information, which trade secrets, proprietary materials and other confidential information were communicated to or otherwise learned or acquired by RECIPIENT VOLUNTEERS in the course of the relationship provided by this Agreement, except that RECIPIENT VOLUNTEERS may disclose such matters to the extent that disclosure is required by a court or other governmental agency of competent jurisdiction. As long as such matters remain trade secrets, proprietary materials or other confidential information, RECIPIENT VOLUNTEERS shall not use such trade secrets, proprietary materials or other confidential information in any way or in any capacity other than as a RECIPIENT VOLUNTEERS of GOC and to further GOC’s interests.
5) Covenant Not To Solicit or Service. RECIPIENT VOLUNTEERS hereby acknowledges the highly competitive nature of GOC’s charitable gift giving mission. Accordingly, RECIPIENT VOLUNTEERS agrees that [he][she] will not in any way, directly or indirectly, at any time during the time this Agreement is in effect and during the one year period beginning on the date of termination of this Agreement, within a one hundred (100) mile radius from GOC’s principal place of business: (a) solicit, do business with, divert, or take away GOC’s clients who were served by GOC during the term of [his][her] service under this Agreement or whose names and/or addresses were known to RECIPIENT VOLUNTEERS through any means during [his][her] service; (b) attempt to cause any of GOC’s clients to refrain from doing business with GOC; or (c) assist any other person, firm, association, corporation, company or other entity in an attempt to do any of the foregoing.
6) GOC’s Clients. RECIPIENT VOLUNTEERS acknowledges and agrees that all persons for whom GOC has, at any time, provided charitable gift services in the regular course of GOC’s business are and shall be construed as GOC’s clients for purposes of this Agreement, notwithstanding that any person might have been induced to do business with GOC by RECIPIENT VOLUNTEERS’s solicitation or by someone on RECIPIENT VOLUNTEERS’s behalf, either during RECIPIENT VOLUNTEERS’s normal service hours or otherwise, and notwithstanding that any person might have previously been the client of RECIPIENT VOLUNTEERS or of any other business with which RECIPIENT VOLUNTEERS might have previously been associated.
7) Restriction Acknowledgement. The parties have carefully read this Agreement and have given and do now give careful consideration to the restraints imposed upon RECIPIENT VOLUNTEERS by this Agreement, and are in full accord as to the restrictions’ necessity for the reasonable and proper protection of GOC’s business. RECIPIENT VOLUNTEERS agrees and declares that the restraints imposed by this Agreement are reasonable with respect to the subject matter, time period and geography. Notwithstanding the manner of any termination of RECIPIENT VOLUNTEERS’s service to GOC under this Agreement, the parties agree that the restraints imposed by this Agreement shall be operative during the full time period set forth in this Agreement.
8) Reformation. Although RECIPIENT VOLUNTEERS considers the restrictions contained in Sections 4 and 5 of this Agreement to be reasonable for the purpose of preserving GOC’s good will and going business value, if a final judicial determination is made by a court having jurisdiction that either the time of the restriction or the geographic restriction contained in Section 4 or Section 5 is an unreasonable or otherwise unenforceable restriction against RECIPIENT VOLUNTEERS, such provision shall not be rendered void, but shall be deemed amended to apply as to such maximum time and/or geographic footprint, and/or to such other extent as such court may judicially determine and indicate to be reasonable, and this Agreement shall constitute authorization for such court to make such a determination.
9) Remedies. RECIPIENT VOLUNTEERS acknowledges and agrees that GOC’s remedy at law for a breach or threatened breach of any of the provisions of this Agreement would be inadequate. Accordingly, if RECIPIENT VOLUNTEERS breaches or attempts to breach any of the provisions of this Agreement, then GOC shall be entitled, as of right, to an injunction and/or other equitable relief against RECIPIENT VOLUNTEERS restraining RECIPIENT VOLUNTEERS from breaching or attempting to breach these provisions. Nothing herein contained shall be construed as prohibiting GOC from pursuing any other remedies available to it for such breach or threatened breach.
10) Changes in Compensation or Nature of Services Rendered. It is expressly understood and agreed that no change, at any time, in compensation which may be given to RECIPIENT VOLUNTEERS or in the nature of services to be performed by RECIPIENT VOLUNTEERS shall amend, impair or otherwise affect any of the terms or provisions of this Agreement.
11) Waiver. The waiver by GOC of a breach of any provision of this Agreement by RECIPIENT VOLUNTEERS shall not operate or be construed as a waiver of any subsequent breach by RECIPIENT VOLUNTEERS.
12) Assignment. This Agreement shall not be assignable by any party without the prior written consent of the other party, except that this Agreement may be assigned by GOC to any successor of its business. This Agreement shall be binding upon the parties hereto and their respective successors, personal representatives and permitted assigns.
13) Entire Agreement, Amendment. This Agreement constitutes the entire agreement of the parties hereto and there are no agreements, understandings, restrictions, warranties or representations between the parties relating to this subject matter other than those in this Agreement. This Agreement supersedes all prior agreements, understandings, discussions or negotiations relating to this subject matter. This Agreement may be amended, modified, waived, discharged or terminated only by an instrument in writing signed by the party against whom enforcement of the amendment, modification, waiver, discharge or termination is sought.
14) Governing Law. This Agreement shall be governed by and construed in accordance with the domestic internal law of the Commonwealth of Pennsylvania.
15) Severability. No part of this Agreement will be affected if any other part of it is held invalid or unenforceable.
16) Survival. Sections 4, 5, 6, 8 and 9 of this Agreement shall survive the termination of the relationship hereunder.
17) Captions. The captions contained in this Agreement are for reference purposes only and are not part of this Agreement.
18. Counterparts. This Agreement may be executed in counterparts which when taken together shall constitute one agreement binding on all the parties notwithstanding that all the parties are not signatories to the same counterpart.
IN WITNESS WHEREOF, the parties hereto have executed this Confidentiality, Non-Competition, and Non-Solicitation Agreement on the date first above written.
Release & Liability Waiver
We, ________(your names entered on the specific form)_________________, are willing recipients for Gifts of Cheer “Recipient Activities” in honor of Gifts of Cheer, their sponsors, members, employees, volunteers, hosts & any communities which may honor Gifts of Cheer, their sponsors, members, employees, volunteers, hosts & the community that it serves. As part of any/all Gifts of Cheer "Recipient Activities" We agree to assume all risks and to release and hold harmless Gifts of Cheer, its officers, employees, agents, hosts, sponsors, officials and volunteers & special guests. We intend by this Waiver and Release to release, in advance, and to waive our rights, and discharge all of the persons and entities mentioned above, from any and all claims for damages for death, personal injury or property damage which we may have, or which may hereafter occur to us as a result of our participation in any/all Gifts of Cheer "Recipient Activities". We give Gifts of Cheer the right to use any and all of the work that we complete. We agree to like the Gifts of Cheer Social Media Sites and shall encourage our friends and family to do the same. We agree to friend, or allow Gifts of Cheer access to, all of our social media sites and grant Gifts of Cheer the right to share our personal stories, pictures, and posts, including but not limited to any/all materials that we post on our social media sites or share with Gifts of Cheer Volunteers. We agree to supply Gifts of Cheer with photos and updates of our family and the specific recipient receiving treatment on a semimonthly basis sending this to email@example.com. We transfer ownership and resulting copyrights from our recipient volunteer efforts to Gifts of Cheer. We willingly agree to volunteer our time and talents in any/all Gifts of Cheer "Recipient Activities". We do not expect to be paid for our work, time, materials, and/or any other direct or indirect relating expense relating to our participation in these "Recipient Activities," and/or from the results of the work that we agree to willingly transfer ownership to Gifts of Cheer.
We understand and agree that this Waiver and Release is binding on our heirs and legal representatives. We understand that we are solely responsible for our health and safety, and we acknowledge that we am physically capable of participating in and completing any/all Gifts of Cheer "Recipient Activities". we agree to allow Gifts of Cheer, its sponsors, and any directly related vendors and/or hosts, the use of our names, personal information, and likenesses ("Recipient Activities" photos) for any purpose related to advertising or promotion of the any/all Gifts of Cheer "Recipient Activities" worldwide and in perpetuity. We have carefully read this Waiver and Release and fully understand its contents. If we am under the age of 18 years of age at the time of registration, our parent or legal guardian has completely reviewed this Waiver and Release, and understands and consents to its terms, and authorizes our participation by his/her submission of the Become a Recipient Request Form. We are aware that this is a RELEASE OF LIABILITY and a CONTRACT OF AGREEMENT between me and the persons and entities mentioned above and we agree to abide by these terms of our own free will.
Giving Cheer All Year
Living With a Debilitating
Illness, Condition, or Disease