HealthImpact COVID-19 Vaccination Volunteer Agreement
Background. This HealthImpact Vaccination Volunteer Agreement (the “Agreement”) governs the relationship between HealthImpact, a California nonprofit corporation (“HealthImpact”), and the health care professional agreeing to these terms (“Health Care Professional”, or “You”). The Health Care Professional seeks to volunteer with a county to administer vaccinations for the COVID-19 pandemic. HealthImpact is taking Health Care Professional’s information to include in a database which will it will provide to California counties seeing potential volunteers.
- Health Care Professional Agrees:
- To Submit Accurate Information. You agree that all of the information You are submitting is accurate, up-to-date, and truthful.
- To Keep Submitted Information Up To Date. You agree that if there are any changes to your professional status, availability, or other information provided as part of the portal, you will update the changed information promptly.
- To Supervise Students, If Qualified and Asked. If You are qualified to supervise students who are administering vaccine at the same site as You, and those students would only be able to administer vaccine if supervised, then You agree to supervise such students.
- To Work Only Within Your Professional Scope Of Practice. You will ensure that your professional licensure permits administration of the vaccine, and that in actually administering the vaccine you comply with all limitations or conditions imposed by law or regulation on a person with your credentials or licensure. For example, if you are required to be supervised in the course of administering a vaccine, you agree to ensure that you are in fact being so supervise
- To Maintain High Standards Of Professionalism. You agree to treat all persons you encounter in the course of volunteering with dignity and respect, and otherwise act in a professional and responsible manner according to your profession’s code of ethics and professional standards. You will not advertise or promote any goods or services in the course of volunteering, and will not collect or solicit information from the public beyond what is necessary for the vaccination program, or as directed by the county or agency carrying it out.
- To Follow, State, Local, Federal Laws and Regulations. You agree not to break any laws or regulations, including but not limited to privacy and traffic laws, in the course of volunteering, and going to and from the vaccination site.
- To Complete An Evaluation. You agree to evaluate your volunteering experience via a survey or other similar request for information, so that HealthImpact and its partners can learn from it and improve upon it for similar programs in the future.
- To Indemnify HealthImpact For Third-Party Claims Arising From Automotive, Personal Injury, Property Damage, or Medical Malpractice Claims Arising From Your Volunteer Activities. If HealthImpact is named as a defendant in a lawsuit brought by a third party alleging You, in the course of volunteering: caused personal injury or death, damaged property, were negligent, or breached the applicable standard of medical care; then You agree to indemnify and defend HealthImpact and officers, directors, and employees from such claims.
- Health Care Professional Consents To:
- Use of Aggregate Data In Public Reports. You agree that the information you provide to HealthImpact may be used as part of aggregate data that is published in public reports.
- Use Of Photos and Video. You consent to the use of photographs or video taken of you while you are participating in the volunteer activity, where such use is by either HealthImpact or the agency with which you volunteered, for promoting and documenting the vaccination program specifically, or the operations of HealthImpact or the agency generally. If you wish to opt-out of this photo and video consent, please send an email to VaxForce@healthimpact.org so indicating.
- Being Contacted By Text, With Rights To Opt Out Later. You consent to receiving SMS text messages at the cell phone number that you provide is part of your registration either from HealthImpact, a California county or agency, or one of their contractors or agents, for the purpose of volunteer updates and coordination. You may always opt-out of these texts subsequently. Because HealthImpact will be providing copies of volunteers’ information to counties or agencies, you may have to opt out separately with HealthImpact and with whichever counties or agencies you indicated an interest in volunteering in.
- Background Checks. Inclusion in the volunteer database is contingent on the results of a professional license check and a background check for the DOJ sexual offender list and a state, national, or other criminal databases. You consent to having HealthImpact submit your information to check against these databases, and review the resulting information, and understand that HealthImpact in its sole discretion may exclude You from the volunteer database based on its interpretation of that information. Additional consents and disclosures may be required or made by the third-party vendor conducting the background checks.
- Nature Of Relationship. HealthImpact and Health Care Professional each understand this relationship as one where HealthImpact is acting as an information service, to take information from potential volunteers like Health Care Professional, and provide that information to California counties and agencies that will use the information to staff their COVID-19 vaccination sites with adequately-trained professionals. Health Care Professional is not and will not be an employee, volunteer, agent, or otherwise act at the direction of or on behalf of HealthImpact, and will not represent themselves as such to the public. The counties or agencies of California will be the entities for whom Health Care Provider will be volunteering, and it is the these entities which will direct Health Care Professional as to when, how, and in what manner or on what terms Health Care Professional may volunteer to administer vaccine.
- WAIVER AND LIMIT ON HEALTHIMPACT LIABILITY. Health Care Provider waives any contractual or tort claims against HealthImpact arising from the storage and transmission of Health Care Provider’s information, or as result of Health Care Provider’s volunteer services and related activities, including without limitation injuries, death, or property damages to Health Care Provider sustained during or resulting from the volunteer activities. HealthImpact’s cumulative liability for any claims arising out of or related to this agreement, whether in contract, tort, or otherwise, shall not exceed $250. This waiver and limitation is a necessary part of this Agreement for HealthImpact in order to be able to provide the service that it is – connecting volunteers to volunteer opportunities – without any cost to the volunteers. This waiver and limit on liability pertains to claims against HealthImpact itself, but also against its officers, directors, employees, and agents.
- Termination. This agreement may be terminated by either party on one day’s notice to the other, or immediately by a party if the other has breached any material term of this agreement, including any material breach of section 1 by Health Care Provider. Upon termination, HealthImpact will remove Health Care Provider’s information from its potential-volunteer database, and notify any relevant counties or agencies of that removal and the reason for it.
- Governing Law and Disputes, Arbitration. This Agreement will be governed by California law. Any disputes arising out of this Agreement will be resolved by arbitration by the American Arbitration Association, instead of by courts of general jurisdiction, by single arbitrator seated in Alameda County, California. All such arbitration shall be on an individual basis, class or multiparty arbitrations and class actions are not permitted. By entering into this Agreement, you and HealthImpact are agreeing to arbitrate and disputes and waive the right to a trial by jury or participate in a class action.
A. YOUR RESPONSIBILITIES
Authorized User agrees not to use the Service to: (a) violate any local, state, national or international law, (b) impersonate any person or entity, or otherwise misrepresent Authorized User's affiliation with a person or entity, (c) stalk, harass or harm another individual, (d) promote or glorify hatred, violence or racial intolerance, (e) collect or store personal data about other Authorized Users or (f) disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service, or interfere with or disrupt the Service, the Site or servers or networks connected to the Service or the Site.
C. DATA SECURITY AND MONITORING
Data are supplied by Authorized Users and may include, but are not limited to, volunteer opportunity descriptions, organizations' contact information and news. Accordingly, we have no editorial control over such data. Any data, services, offers, or other information provided by Authorized Users are those of the respective Authorized Users and not HandsOn Connect. We do not endorse, nor are we responsible for investigating or ensuring the accuracy of, any such data, and we retain the right to modify, update, designate as inactive, or remove any data at any time. We have the right, but not the obligation, to monitor and review the data and Authorized Users' accounts to determine compliance with these Terms, laws, or regulations.
D. AUTHORIZED USER DATA; LICENSE; REPRESENTATION AND WARRANTY
Authorized User grants to HandsOn Connect a worldwide, perpetual, irrevocable, non-transferable, royalty-free license to use, reproduce, create derivative works of, sub-license and exercise all rights with respect to Authorized User's data in any media format for data that Authorized User has submitted to HandsOn Connect.
E. DEALINGS WITH OTHER AUTHORIZED USERS, SPONSORS AND ADVERTISERS
Authorized User agrees that HandsOn Connect will not be responsible or liable for any loss or damage incurred as a result of any interaction or relationship with other Authorized Users, sponsors, or advertisers, or as a result of such parties' access to and use of the Site or Service.
Links provided to other locations or web sites are made available for Authorized User's convenience only and do not indicate our endorsement of such other location or site or its data. We do not review or control, and are not responsible for any web sites other than the Site or the Service (and in the case of the Site or the Service, only as provided for herein), or any data available on such other web sites or locations. We are not liable for any links, information, or applications found at any other web site, Internet location, or source of information, or for Authorized User's use of such information.
G. MODIFICATIONS TO THE SERVICE
We reserve the right to modify or discontinue the Service or the Site with or without notice to Authorized User. We are not liable to Authorized User or any third party should we exercise our right to modify or discontinue the Service or the Site. If Authorized User objects to any such changes, his, her or its sole recourse is to discontinue using the Service. Continued access and/or use of the Service or the Site following notice of any such changes shall indicate Authorized User's assent to and acceptance of such changes.
H. MODIFICATIONS TO TERMS
We may change the Terms from time to time. We will notify any affected Authorized User of any such changes by posting a notice of such changes on the Site or notifying any Authorized User via e-mail. If Authorized User objects to any such changes, his, her or its sole recourse shall be to cease using the Service and/or the Site. Continued access to and/or use of the Service and/or the Site following notice of such modifications or changes shall indicate Authorized User's assent to and acceptance of the Terms, including but not limited to all posted changes.
J. DISCLAIMER OF WARRANTIES
Authorized User expressly agrees that use of the Service and the Site is at Authorized User's own risk. The Site and the Service are provided on an "as available" and "as is" basis. HandsOn Connect expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the Service. HandsOn Connect makes no warranty that the Site or the Service will be error free or meet Authorized User's requirements, or that the Site or the Service will be uninterrupted, timely, or secure; nor does HandsOn Connect make any warranty as to the accuracy, or reliability of the results that may be obtained from or through the use of the Site or the Service, or that defects in the Site or the Service will be corrected. The entire risk as to satisfactory quality, accuracy, performance, and results to be obtained through the use of the Site or the Service is with Authorized User. No information or advice, whether oral or written, obtained by Authorized User from HandsOn Connect or through the Site or the Service shall create any warranty not expressly made herein. HandsOn Connect makes no warranty regarding any transactions or dealings entered into with any other parties through the Site or the Service. Authorized User understands and agrees that any information downloaded or otherwise obtained through the use of the Site or the Service is done at Authorized User's own discretion and risk, and that Authorized User will be solely responsible for any damage to his, her or its computer services or loss of data that results from the download of such information.
K. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HON OR HANDSON CONNECT, THEIR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES").
Authorized User agrees to indemnify and hold harmless HandsOn Connect, its affiliates and their respective directors, officers, trustees, employees, independent contractors and agents ("Indemnified Party") from and against any losses, liabilities, suits, claims, costs, and expenses (including reasonable attorney's fees) ("Loss") arising out of or relating to any claim, suit, judgment, or proceeding brought or asserted by any third party ("Claim") alleging any breach of such party's representations, warranties or covenants under this Agreement. Authorized User shall indemnify and hold harmless HandsOn Connect for any Loss arising out of or relating to (a) Authorized User's violation of these Terms or the rights of any other Authorized User, (b) Authorized User's use of the Site or the Service, (c) any information submitted or transmitted through the Site or Service or (d) the transmission of computer viruses, worms, harmful program routines or other similar items into the Site or the Service, or using the Site or the Service to access without authorization any other computer or machine. The Indemnified Party shall notify the Indemnifying Party of any such claim of which it becomes aware and shall: (x) at Indemnifying Party's expense, provide reasonable cooperation to Indemnifying Party in connection with the defense or settlement of any such claim and (y) be entitled to participate in the defense of any such claim at its own expense with counsel of its own choosing.
M. Proprietary Rights.
All copyright and trade secret rights in and to the Site, the Service and the data used therein are and shall be the exclusive property of HandsOn Connect. To the extent, if any, that Authorized User has any rights in or to the Site or the Service, Authorized User hereby irrevocably assigns to HandsOn Connect, and agrees that HandsOn Connect shall be the sole and exclusive owner of, all right, title and interest in and to the Site and the Service, including without limitation all copyright, trade secret and other proprietary rights therein that may be secured in any place under laws now or hereafter in effect.
Names, logos, and other materials displayed on the Site and in the Service constitute trade names, logos, trademarks, and service marks ("Marks") are owned by or licensed to HandsOn Connect. Authorized User is not authorized to use these Trademarks without the prior written consent of HandsOn Connect. As between HandsOn Connect and Authorized User, HandsOn Connect and its licensors are and shall be the owner of all Marks and all goodwill associated with such Marks.
O. COPYRIGHTS and USE RESTRICTIONS
The data included as part of the Service, including without limitation, text, databases, software, code, and graphics, is (a) copyrighted by HandsOn Connect under United States copyright laws, (b) subject to other intellectual property laws, and (iii) owned by HandsOn Connect. Such data may not be copied, reproduced, modified, posted, transmitted, republished, sold, or redistributed in any way without our express prior written consent. Authorized User must abide by all copyright notices, information, or restrictions contained in or linked to any data described herein.
Modifications to any member agreements and any policies, including this Agreement, will be e-mailed to Authorized User and/or prominently posted and available for Authorized User to view at any time on the Site. Authorized User's continued access to and/or use of the Site will constitute Authorized User's complete assent to and acceptance of all such amended terms. These Terms contain the entire terms between the parties. In the event, any provision of these Terms is held to be illegal, invalid or unenforceable, then such provision shall be severed from these Terms while the remaining terms shall remain binding on the parties hereto. The section titles in these Terms are for convenience only and have no contractual or legal effect. These Terms shall be governed by the laws of the District of Columbia, without regard to its conflicts of law provisions. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Authorized User agrees that regardless of any statute or law to the contrary, any claim or cause of action brought by Authorized User arising out of or related to the use of the Service or the Site, or specified in these Terms, must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.