BROADWAY FOR BIDEN VOLUNTEER REQUIREMENTS
Last updated October 2, 2020.
PLEASE READ THESE VOLUNTEER REQUIREMENTS CAREFULLY. BY VOLUNTEERING AND/OR BY ELECTRONICALLY ACCEPTING THESE REQUIREMENTS, YOU AGREE TO BE BOUND BY THE REQUIREMENTS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE REQUIREMENTS, KINDLY DO NOT VOLUNTEER.
These Volunteer Requirements outline the terms and conditions for volunteers of Broadway for Biden (“B4B”). B4B is a collaboration of volunteers working together to fundraise and raise awareness at a grassroots level, at times in the form of or in combination with theatrical performances (collectively, our “Services”) in support of the Biden for President campaign (“BFPCC” or “BFPCC, Inc.”) (see www.joebiden.com). You are asked to review https://joebiden.com/terms/ for additional terms and conditions, as well as https://joebiden.com/privacy-policy/ for (a) additional privacy terms that relate directly to BFPCC, Inc. and its affiliates, and (b) your rights and obligations when B4B uses BFPCC’s fundraising link, sites, materials or services.
We may change these Volunteer Requirements from time to time. We encourage you to review these Volunteer Requirements whenever you volunteer to stay informed about our most recent practices and expectations.
- “Places, everyone.” At B4B, we must worry and govern all aspects of our day-to-day activities and need your support in making our daily workings run smoothly. Also, we all serve as “ambassadors” for the Biden/Harris campaign. Therefore, all volunteers must carry themselves in a professional, respectful and safe manner when interacting with others at B4B, our affiliates, other volunteers and the public.
- You are a volunteer and not an employee. As volunteers we all donate our time. No one at B4B is compensated for their services. You will perform any B4B activities at your own risk. For those volunteers who are performing specialized work (e.g., requiring physical theatrical abilities), you represent and warrant that you are properly trained and healthy enough to perform such services.
- All events and groups of volunteers have a volunteer coordinator and/or manager. These coordinators and managers are there to keep events and activities moving smoothly. When in doubt, please reach out to one them to resolve issues or answer questions, whether they be your concerns or those of the public.
- “I know a star who would be perfect for B4B!” For example, you may have a famous friend who you wish to join B4B efforts. That is great! However, we have an approval process and certain protocols that must be met before approaching anyone to help B4B at a “headliner” level. In fact, we may already have a call out to them for support. So, before you do anything, kindly speak with your managing volunteer and get your request in the appropriate pipeline. We ask that you not make any agreements or representations on B4B’s behalf without B4B leadership’s prior written consent. We must follow this process for several reasons. In the end, volunteers cannot bind B4B.
- Expenses. You are solely responsible for any travel or other costs or expenses incurred by you in connection with the performance of your volunteer services. B4B may reimburse for documented, pre-authorized expenses, but in very limited circumstances. No expenses that have not been pre-authorized or are undocumented will be reimbursed under any circumstances. Only the Founder and Co-Founder of B4B are authorized to approve expenses.
- Compliance with laws. Volunteers are expected to comply with all laws, regulations, and rules including any requirements set by B4B and its affiliates. Personal taxes, if any, are the responsibility of the volunteer. As a volunteer, you are not authorized to legally bind B4B.
- Termination. The term of these Volunteer Requirements shall commence on the date of you first volunteered and shall continue until your services end with B4B. You may terminate these Volunteer Requirements by sending an email to firstname.lastname@example.org.
- Intellectual property rights. As a B4B volunteer you may be asked to create materials for use with B4B business and/or events. You may also want to use materials you have written in the past for the benefit of B4B. Or, you may appear in an audio recording, video or photograph taken during a B4B or one of our affiliates’ events. Lastly, you may wish to use other third parties’ intellectual property, directly or in parody, for the benefit of B4B. Each one of these scenarios have different legal ramifications. Since you are volunteering your services, we are going for the easiest and what we deem to be the fairest ownership structure we can. In order to keep things simple, below are the various legal concerns.
- You create new materials for the running of B4B or for a B4B event.
These materials can range from speeches, posters, lists, marketing materials, presentations, financial statements, emails, texts, etc. If you created these for the running of B4B, then by volunteering you irrevocably release and assign such content to B4B and its affiliates as “work-for-hire,” making us the sole owners of rights, title, proceeds and interest, in such materials. Furthermore, such new materials will be deemed confidential information of B4B and its affiliates.
- You create original or repurpose older creative works that you may own for use by B4B at a B4B event or in B4B marketing.
Examples of this type of intellectual property include:
- stills and professional photography,
- graphic or costume design,
- directorial notes and guidance,
- code, and
- names and lists of potential donors.
Here, all ownership rights will remain with you; however, by volunteering, you grant B4B and its affiliates a worldwide, irrevocable, royalty-free, unlimited license to use, reproduce, display, distribute copies of, and prepare derivative works based upon your creative works for the length of the campaign and resulting inauguration. Because we will be using third-party platforms to display and stream such materials, you grant B4B and its affiliates the right to assign, transfer, and sublicense such rights to others without your approval.
(i) Creative works that are not solely your own. You may not use the creative works of others for B4B business, marketing or events without that actual copyright owner’s written permission. Works that you have done in partnership with others require your partner’s written permission before you use it for B4B. If you require assistance in this regard, please see one of B4B’s leaders or email email@example.com.
(ii) Accreditation. Although we cannot always promise that the circumstances will support it, when possible and time permitting, B4B will give accreditation for your creative work outlined in this subparagraph (b). Such accreditation may be either verbal or in writing, prior, during or after the event, but only when possible.
- Your image and/or bio are captured in a B4B photograph, audio recording or video.
By volunteering, you grant to B4B and its affiliates a worldwide, sublicensable, non-exclusive, transferable license right to use, replicate, display, transmit and publish your image, voice, social media statements, handles and aliases, and general biographical materials, captured in association with B4B and its affiliates’ business, marketing and events.
Lastly, B4B may require your assistance to allow for or further perfect our use of any of the above listed types of intellectual property. By volunteering, you agree to support any reasonable requests for perfecting the above rights and grants.
- Your use of B4B materials. Volunteers do not have the right to use, replicate, publish, display or perform, outside of B4B activities, B4B or its affiliates materials without the express, written permission of B4B leadership. This includes using the materials supplied by B4B volunteers for B4B’s use. Proper use by you of B4B and its affiliates trademarks, logos, symbols or branding are outlined in our Terms and Conditions and related BFPCC limited licenses.
- By volunteering, you acknowledge that you will have access to information that is treated as confidential and proprietary by B4B and its affiliates or other volunteers, including, without limitation, the existence and terms of these Volunteer Requirements, trade secrets, technology, and information pertaining to B4B’s business operations and strategies, guests, customers, vendors, sourcing, agents, representatives, contractors, employees, pricing, marketing, finances, contracts, or operations, in each case whether spoken, written, printed, electronic, or in any other form or medium (collectively, the “Confidential Information”). Any Confidential Information that you develop or learn in connection with your services as a volunteer, including but not limited to any deliverables, are subject to the terms and conditions of this clause. You agree to treat all Confidential Information as strictly confidential, not to disclose Confidential Information or permit it to be disclosed, in whole or part, to any third party without the prior written consent of the B4B Founder or Co-Founder in each instance, and not to use any Confidential Information for any purpose except as required in the performance of the services. You shall notify the B4B Founder or Co-Founder immediately in the event you become aware of any loss or disclosure of any Confidential Information.
- Confidential Information shall not include information that:
- is or becomes generally available to the public other than through your breach of these Volunteer Requirements; or
- is communicated to you by a third party that had no confidentiality obligations with respect to such information.
- b. Disclosure of Confidential Information as Required by Law. Nothing herein shall be construed to prevent disclosure of Confidential Information as may be required by applicable law or regulation, or pursuant to the valid order of a court of competent jurisdiction or an authorized government agency, provided that the disclosure does not exceed the extent of disclosure required by such law, regulation, or order. You agree to provide written notice of any such order to a B4B Founder or Co-Founder or by sending it to firstname.lastname@example.org within five (5) days of receiving such order, but in any event sufficiently in advance of making any disclosure to permit B4B to contest the order or seek confidentiality protections, as determined in B4B’s sole discretion.
- c. Return of Materials. Upon termination, upon request by B4B, please immediately return and/or erase to B4B any B4B Confidential Information and other proprietary materials.
- Certain business activities.
- Conflicts of Interest. Volunteers should not volunteer if volunteering creates a conflict of interest with your employer or if it places you in a conflict with B4B or its mission.
- B4B Communications. All emails, phone calls, texts and other communications sent or received by you on behalf of B4B shall belong to and, upon request, be timely shared with B4B.
- Social Network Sites. You shall not establish any social network or other online page or site using the B4B name, materials or any other B4B Confidential Information or intellectual property rights, without the prior written instruction or consent of B4B, which may be withheld in B4B’s sole discretion.
- Social Contacts. Any email addresses and social media contacts, including “followers” or “friends,” that are acquired through B4B accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, Instagram, TikToK or other social media networks) used in conjunction with, or created on behalf of, B4B are the property of B4B and you shall timely share, and not reuse or copy, all such contacts with B4B.
- Records. When volunteering, you shall maintain accurate books and records related to your acts and/or obligations performed on the behalf of B4B and its affiliates.
- Drug and Alcohol Use and Other Inappropriate Behaviors. You agree and understand that it is the policy of B4B to maintain a sober and drug-free workplace. B4B maintains a no-tolerance environment for any forms of discriminatory or bullying behavior. B4B practices social distancing and mandates mask-wearing at all B4B public events. When volunteering, you understand that B4B has the right, upon reasonable suspicion, to immediately remove you from any B4B matter, event or ongoing relationship with B4B, due to your insobriety, illegal or inappropriate drug usage, failure to practice expected social distancing requirements, or discriminatory or bullying actions against another B4B volunteer, our affiliates or the public.
- In-Kind Donations. If you are a service provider who wishes to make in-kind donations to B4B, please contact us at email@example.com for further instructions. All in-kind donations must be fully documented and adhere to BFPCC rules and requirements.
- INSURANCE. YOU UNDERSTAND THAT AS A VOLUNTEER YOU SHALL PERFORM ALL OF YOUR SERVICES AND GIVE ANY DELIVERABLES AT YOUR OWN RISK. B4B AND ITS AFFILIATES AND OTHER VOLUNTEERS SHALL NOT BE RESPONSIBLE FOR SUPPLYING YOU WITH ANY INSURANCE COVERAGE. IF YOU ARE PROVIDING CREATIVE SERVICES, YOU SHALL MAINTAIN ANY AND ALL INSURANCE NECESSARY FOR AN INDEPENDENT CONTRACTOR PERFORMING THE SERVICES AND CREATING THE DELIVERABLES REQUESTED OF YOU AS A VOLUNTEERING CREATIVE, INCLUDING, WITHOUT LIMITATION, YOUR OWN HEALTH INSURANCE COVERAGE, AND IF APPLICABLE, GENERAL AND PROFESSIONAL LIABILITY, UNION AND PROFESSIONAL DUES AND DUTIES, WORKERS’ COMPENSATION AND DISABILITY INSURANCE, AND ANY OTHER INSURANCE COVERAGE GOVERNED BY APPLICABLE STATE LAW REQUIREMENTS.
- LIMITATION OF LIABILITY. AS A VOLUNTEER, YOU SHALL PERFORM ALL OF YOUR SERVICES, GIVE ANY DELIVERABLES AND PARTICIPATE IN ALL ACTIVITIES OPERATING FULLY AT YOUR OWN RISK. EXCEPT AS OTHERWISE STATED ABOVE, B4B OR ITS AFFILIATES AND OTHER VOLUNTEERS ARE NOT RESPONSIBLE FOR ANY LOSSES, DAMAGES, INJURIES, ILLNESSES, THEFT OR MISUSE OF YOUR INTELLECTUAL PROPERTY, BREACH OF YOUR CONFIDENTIAL INFORMATION, LIABILITIES, ACTIONS, JUDGMENTS, PENALTIES, FINES, COSTS OR EXPENSES OF WHATEVER KIND (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RESULTING FROM YOUR VOLUNTEERING AND THE RESULTS OF YOUR VOLUNTEERING FOR B4B AND ITS AFFILIATES, AND YOU SHALL INDEMNIFY B4B AND ITS AFFILIATES FOR ANY CLAIMS BROUGHT REGARDING THE FOREGOING. FURTHERMORE, IN NO EVENT SHALL B4B OR ITS AFFILIATES AND OTHER VOLUNTEERS BE LIABLE TO THE YOU FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, PROVIDED HOWEVER THAT THE FOREGOING DOES NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. B4B OR ITS AFFILIATES AND OTHER VOLUNTEERS ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF OR OTHER VOLUNTEERS, CONTRACTORS, REPRESENTATIVES, GUESTS, OR ATTENDEES, INCLUDING, WITHOUT LIMITATION, RISKS TO REPUTATION, LOSS OF CONFIDENTIALITY, PROPERTY DAMAGE, BODILY HARM OR DEATH. YOU ACKNOWLEDGE THAT THIS PROVISION REFLECTS THE NECESSARY ALLOCATION OF RISK FOR THESE VOLUNTEER REQUIREMENTS AND THAT B4B COULD NOT OFFER THESE VOLUNTEER REQUIREMENTS WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
- PARENTAL ONLINE ACKNOWLEDGEMENT FOR VOLUNTEERS UNDER THE AGE OF 18 If volunteer is under the age of 18, a parental acknowledgement is required. If you are the parent of a volunteer under the age of 18, please be aware that you are asked to agree to the following: I am the parent and/or legal guardian of the child (“Child”) listed B4Bbelow. I represent that I am 18 years of age or older and am lawfully able to grant this release. I am allowing my Child to participate in this B4B Event. Below indicates my agreement to the following on behalf of my Child, myself, our relatives, heirs, successors and assigns:
- Image/Voice/Name Release. On behalf of my Child and myself, I hereby grant to B4B a royalty-free, non-exclusive, worldwide right to use, stream, photograph, video/audio-record, edit, publish, re-publish, exhibit, distribute, transmit, store, and/or otherwise exploit, online and offline, our images, performances, biographical information and/or voices (the “Recordings”) in furtherance of B4B Events and their aftermath, in any and all media now or hereafter known, including without limitation by means of still photography, motion pictures, radio, television, television motion pictures, video, web casts, soundtrack recordings, printing or merchandising, and in advertising and/or publicity in connection therewith. I waive any rights for me or my Child to inspect the Recordings and any rights to compensation or royalties for Recordings. I hereby release all rights my Child, myself or our agents, assigns, heirs and/or executors may have to such Recordings and grant to B4B all such rights, including the rights necessary to perfect this release. All Recordings will be B4B’s to use in its sole discretion, including incorporating them into B4B products, advertising, social media and other commercial activities. Any intellectual property rights my Child or I may have in the Recordings I hereby assign to B4B as work-for-hire within the meaning of the US Copyright Act of 1976, with B4B being deemed to be the “author” of all such works and my Child and I hereby expressly disclaim any interest in any of them. I grant to B4B a royalty-free, non-exclusive, worldwide right to use my Child’s and my name and biography for the purposes of accreditation in association with any Event and/or Recordings. Any content supplied by me shall meet all industry standards of professionalism and quality. I will use best efforts to supply content that does not contain anything that may be deemed to be profane, false, misleading, fraudulent, deceptive or against any laws, regulations or other rules regarding gambling, firearms, pornography and lewdness, alcohol or drugs.
- Cooperation. My Child and I will cooperate fully with B4B with respect to the procurement, maintenance and enforcement of intellectual property rights in the Recordings. At B4B’ expense, I will sign all papers, including without limitation, trademark and copyright applications, declarations, oaths, assignments of priority rights, and powers of attorney, which B4B may deem necessary or desirable in order to protect its rights and interests in any Recording. In the event that B4B is unable for any reason whatsoever to secure my signature to any document reasonably necessary or appropriate for any of the foregoing purposes (including renewals, extensions, continuations, divisions or continuations in part), I hereby irrevocably designate and appoint B4B as our attorney-in-fact to act for and on behalf of my Child and I, but only for the purpose of executing and filing any such documents and doing all other lawfully permitted acts to accomplish the foregoing purposes with the same legal force and effect as if executed by myself.
- Acknowledgement. I acknowledge and agree that B4B is not a: (a) talent scout, agency, or management company, (b) talent counseling, listing or training service, or (c) a producer or impresario, casting director, public relations or promotion advisor or consultant offering access to employment to talent. Furthermore, I acknowledge and agree that this Agreement does not create any such relationships between B4B, B4B’s consultants and personnel, my Child or me.
- Expenses/Taxes. My Child and me, as applicable, are being engaged as an independent contractor(s), not as an employee or partner. We will be responsible for payment of our own taxes, insurance, union fees and other business expenses.
- Confidentiality. On behalf of my Child and myself, we shall hold confidential any B4B confidential information shared with us.
- Representations, Warranties and Promises. My Child and I represent, warrant and that we have the full right and authority to enter into this Release and to perform the acts, obligations and duties required of it hereunder.
We covenant to comply with all applicable union rules, laws and regulations.
- Limitation on Liability. IN NO EVENT WILL B4B BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND.
- Third-Party Platforms. This Event is may or may be not sponsored, endorsed nor administered by or associated with any third-party platform, upon which B4B may use to market, advertise, promote, stream or broadcast your Service. My Child and I agree to timely support B4B’s compliance with any such third-party platform’s rules and requirements and release such platforms from any claims associated with your participation in this Oliva Event.
- Miscellaneous. The rights granted by me shall inure in perpetuity, and to the extent allowed by law, shall extend to my Child once he/she as reached his/her majority. If a section in this Release is deemed to be enforceable, the parties shall work to make the intent of such section enforceable. Nothing contained herein shall be deemed to obligate B4B to complete an Event or to make use of any of the Recordings or rights granted herein. Nothing herein contained shall constitute an offer or commitment of employment, nor a partnership or joint venture between the parties hereto. This Release will be governed by and construed under the laws of the State of New York excluding its conflict of laws rules.