Cake4Kids Volunteer Terms and Conditions

Last updated: April 6, 2023

Volunteer Program

I understand that Cake4Kids, a California non-profit corporation, is a volunteer-based agency that strives to make foster kids and at-risk youth feel special at least one day a year, to raise their self-esteem, and to increase their chance of success in school and life knowing that people care for them. The primary method of mission delivery is by providing free birthday cakes to foster care and at-risk youth who would not otherwise have a birthday celebration.

Agreement to Terms and Conditions

As a volunteer for Cake4Kids, I hereby agree to these Volunteer Terms and Conditions (the “Volunteer Terms”). I hereby declare that I am at least 18 years old and am competent to sign these Volunteer Terms. I understand and agree that I will be held as legally bound, obligated, or responsible for any electronically signed submission I make as I would be by making such submission in hardcopy form with my handwritten signature.

Communication

By becoming a volunteer for Cake4Kids, I agree to accept and receive communications from Cake4Kids, including via email, text message, calls, and push notifications to the cellular telephone number and email address that I provided to Cake4Kids related to my volunteer services.

Drivers’ License and Auto Insurance

If I will be delivering the baked goods provided by my volunteer services, I hereby confirm that I have a valid driver’s license and a currently effective automobile insurance policy covering the vehicle(s) I plan to use during such times as I volunteer for Cake4Kids. At all times during which I function as a volunteer for Cake4Kids in which I will deliver baked goods, I agree to continue to maintain a valid driver’s license and a current automobile policy for the vehicle(s) I will use as a volunteer. If I cannot deliver the baked goods myself and find a substitute driver, I will inform Cake4Kids and confirm such substitute driver has a valid driver’s license and currently effective automobile insurance policy covering the vehicle such substitute driver plans to use for delivery. I assume all responsibility and liability for myself and, if applicable, such substitute driver. Upon request of Cake4Kids, I will provide Cake4Kids with a copy of my driver’s license, DMV driving record report, and/or automobile insurance policy.

If I do not have a valid driver’s license or a currently effective automobile insurance policy, I may deliver the baked goods provided in connection with my volunteer services via public transportation or ride share service (e.g., Uber or Lyft) or shall work with Cake4Kids to find a volunteer driver to deliver my baked goods.

Privacy

I have read the Cake4Kids Privacy Policy (the “Privacy Policy”), the terms of which are incorporated herein, and I agree that the terms of such policy are reasonable. I consent to the use of my personal

information by Cake4Kids in accordance with these Volunteer Terms and for the purposes set forth in the Privacy Policy.

Instructions; Confidentiality

I acknowledge and agree to follow the baking and delivery instructions provided to me by Cake4Kids. I agree to keep the information I receive regarding the agencies and children to whom Cake4Kids serves confidential. I will not share such information with any third party without the prior written consent of an officer or director of Cake4Kids. As a Cake4Kids volunteer, I understand that I will not meet or see the child for whom I bake a cake or other baked goods as it is necessary to keep the child's information and identity private and confidential. If for some reason, I meet the child or receive a photo of the child, I agree to maintain the child’s privacy, and shall not publish, post or share the child’s photo.

Photos

I grant to Cake4Kids, its representatives, agents, and employees the right to take photographs of me and my baked goods in connection with my services as a volunteer for Cake4Kids. I authorize Cake4Kids, its assigns, and transferees to copyright, use, and publish the photographs taken by Cake4Kids or provided by me to Cake4Kids in print and/or electronically. I agree that may use such photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.

Social Media

At Cake4Kids we embrace social media and love to see people sharing our photos and proliferating what we do for children. However, it is important to respect the privacy and confidentially of the children and agencies we serve. Accordingly, I agree that I (a) will not post pictures of children or that include any images which may identify a child or an agency, (b) will not include the name or age of a child or the name of an agency in any post, and (c) will tag my posts with @Cake4Kids.

Background Checks

As a volunteer for Cake4Kids, I hereby agree and understand that Cake4Kids may desire to conduct a background check on its volunteers. Upon request of Cake4Kids, I agree to cooperate with any background check, including completing all information and authorizations necessary to conduct such background check. If I do not cooperate with such background check, or do not wish for Cake4Kids to conduct such background check, I understand that my status as a volunteer with Cake4Kids may be terminated.

Waiver of Liability; Liability; and Indemnification

I ASSUME FULL RESPONSIBILITY AND ALL LIABILITY FOR MY ACTIONS IN CONNECTION WITH MY SERVICES AS A VOLUNTEER FOR CAKE4KIDS, INCLUDING, WITHOUT LIMITATION, RESPONSIBILITY AND LIABILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO MY SERVICES AS A VOLUNTEER FOR CAKE4KIDS, WHETHER CAUSED BY THE NEGLIGENCE OF CAKE4KIDS, ANY ACT OR OMISSION OF CAKE4KIDS, OR OTHERWISE.

CAKE4KIDS WILL NOT BE LIABLE TO ME FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF LEGAL THEORY, EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL

PURPOSE, AND CAKE4KIDS WILL NOT BE LIABLE FOR MORE THAN ONE HUNDRED DOLLARS IN THE AGGREGATE.

I agree to indemnify, defend, and hold harmless Cake4Kids, its officers, directors, affiliates, employees, and agents against any and all loss, damages, liabilities, settlement, costs, and expenses (including legal expenses and the expenses of other professionals) as incurred, resulting from, or arising out of, my services as a volunteer for Cake4Kids.

Termination of Volunteer Relationship

Either party may terminate the volunteer relationship at any time, with or without cause, by notifying the other party. Cake4Kids will notify you if it has terminated your status as a volunteer by sending you notice of such termination at the email address it has on record for you. You may terminate your status as a volunteer by providing notice of such termination by emailing Cake4Kids at volcor@cake4kids.org.

Changes to Volunteer Terms and Conditions

Cake4Kids may need to update these Volunteer Terms from time to time. If so, Cake4Kids will post the updated Volunteer Terms on our website located at www.cake4kids.org, along with a notice that the Volunteer Terms have been changed so you are always aware of the terms of your services as a volunteer for Cake4Kids. Cake4Kids may also send volunteers an email notification of material changes to the Volunteer Terms. Cake4Kids encourages you to review these Volunteer Terms regularly for any changes. If you disagree with the Volunteer Terms, you terminate your relationship with Cake4Kids by following the procedures set forth above. Your continued services as a volunteer for Cake4Kids will be subject to the terms of the then-current Volunteer Terms.

General

These Volunteer Terms are governed by the laws of the State of California (excluding its conflicts of law principles). These Volunteer Terms constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.

Electronic Signatures

These Volunteer Terms may be executed and delivered by any electronic transmission device pursuant to which the signature of or on behalf of such party can be seen (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000). Such execution and delivery shall be considered valid, binding and effective for all purposes.

Acknowledged and Agreed:

By:                                         ____________________________________________________________________

Volunteer Name:                ____________________________________________________________________

Date:                                      ___________________________________________________________________