Company
CAPITAL ESTATE DEVELOPMENTS PTY LTD ACN 137 573 623
A TRUSTEE FOR CAPITAL ESTATE DEVELOPMENTS TRUST ABN 22 117 906 634
Plaza Offices, Level 4, Terminal Avenue, Canberra Airport ACT 2609
community@denmanprospect.com.au
Volunteer
Individual
AGREED TERMS
1) These terms govern the the Volunteer role at the community garden located at Block 2 Section 98 Denman Prospect (Community Garden).
2) The Volunteer warrants and represents they are at least 18 years of age and have full legal capacity to enter these terms.
3) ROLE AND DUTIES
a) The Volunteer may assist with operational matters relating to the Community Garden, as directed by the Company from time to time. The Volunteer may assist with questions relating to plot availability, plot allocation, waiting lists or general garden use.
b) The Volunteer will perform all duties on a voluntary basis. The Volunteer will not be paid for their work at the Community Garden.
c) The Volunteer agrees to comply with all reasonable directions made by the Company in connection with their role as volunteer at the Community Garden.
4) AUTHORITY AND RESTRICTIONS
a) The Volunteer must not make any financial commitment, sign any contract or charge any fees without written approval from the Company.
b) Nothing in this Agreement constitutes a relationship of employer and employee, principal and agent or partnership between the Volunteer and the Company.
5) CONDUCT
a) The Volunteer must treat all participants, visitors and other volunteers at the Community Garden with courtesy and respect.
b) The Volunteer will complete any induction and training required by the Company.
6) SAFETY AND INSURANCE
a) The Volunteer is not covered by the Company’s Workers Compensation Insurance.
b) The Volunteer must comply with all directions, instructions and requirements relating to safety from the Company.
c) The Volunteer agrees to provide the representatives of the Company with any relevant or required information relating to new or existing health conditions that may impact their ability to undertake their role safely.
d) When maintaining the shared space in the Community Garden, or a plot in the Community Garden, the Volunteer acknowledges and agrees:
i) to inspect the area to determine it is safe and acceptable for their use;
ii) to ensure that any shared equipment available in the shed, is adequate to safely participate in their proposed gardening activities;
iii) to inspect their personal equipment, and be satisfied that it is fit for their proposed gardening activities; and
iv) the Company has no liability in respect of the safety of the equipment used.
7) REPORTING AND GUIDANCE
a) If the Volunteer becomes aware of any health and safety issues/incidents or potential hazards, they will report this to a representative of the Company no later than on the day it occurred.
b) If the Volunteer is injured during the course of their duties, they will notify representative of the Company and complete an incident report within the required timeframe.
c) If the Volunteer is unsure how to respond to a situation, they will seek guidance from the Company.
8) WAIVER, RELEASE AND INDEMNITY
a) The Volunteer unconditionally releases the Company from and against any liability arising out of any injury, loss, damage or death caused to them or their property or any other person arising from or in connection with their participation in the Community Garden, whether such injury, loss, damage or death was caused directly or indirectly by negligence, failure to take reasonable care, breach of contract or any way whatsoever.
b)The Volunteer agrees to indemnify the Company from all loss, liability, expense (including legal expenses) arising out of or resulting from their participation in the Community Garden.
9) END OF VOLUNTEER ROLE
a) The Volunteer may resign at any time by written notice.
b) The Company may end this Agreement immediately for serious breaches (e.g. safety, privacy, misconduct) or on reasonable notice for operational reasons.
c) On the end of the Volunteer role, the Volunteer must promptly return all garden property and records and stop representing themselves as a volunteer of the Community Garden.
10) MISCELLANEOUS
a) The Volunteers Agreement will be governed by and construed in accordance with the laws of the Australian Capital Territory.
b) If any provision of this the terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity will not render the terms unenforceable or invalid as a whole and, in such event, such provision will be changed and interpreted to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
c) This Agreement is the entire agreement between the parties and supersedes all prior arrangements whether written or oral and all understandings, representations or documents regarding the role, which were given prior to the date of this Agreement.
d) All notices required under these terms will be in writing and delivered by electronic mail, and will be deemed given upon acknowledgment of receipt of electronic transmission. Notices must be sent to the Volunteer at the email address set forth in the Details of these terms. Notices from the Participant to the Company must be sent to: community@denmanprospect.com.au
