A Volunteer Agreement is a formal document between a nonprofit organization, charity, government agency, or community group and an individual who offers their time and skills without expectation of monetary compensation. This agreement defines the volunteer's role, responsibilities, schedule, behavioral expectations, and the organization's obligations regarding supervision, training, and liability protection. While volunteers are not employees, a well-drafted volunteer agreement establishes clear expectations that protect both the organization and the volunteer.

The legal distinction between volunteers and employees is critical and governed by the Fair Labor Standards Act (FLSA). Under 29 U.S.C. Section 203(e)(4)(A), individuals who volunteer for public agencies and nonprofit organizations are not considered employees if they receive no compensation or only nominal fees, expenses, or reasonable benefits. However, the Department of Labor has consistently held that for-profit businesses cannot use volunteers, as any individual who performs work for a for-profit entity must be compensated under the FLSA. Organizations that improperly classify workers as volunteers face liability for back wages, overtime, and penalties.

The Volunteer Protection Act of 1997 (42 U.S.C. Section 14501 et seq.) provides federal liability protection for volunteers of nonprofit organizations and governmental entities, shielding volunteers from personal liability for harm caused by their acts or omissions while acting within the scope of their volunteer responsibilities, provided they were properly licensed if required, and their conduct was not willful, criminal, or grossly negligent. Many states have enacted additional volunteer protection statutes that supplement the federal protections.

A volunteer agreement is needed whenever a nonprofit organization, school, religious institution, hospital, community group, or government agency engages individuals to perform services without compensation. Charitable organizations running food banks, homeless shelters, disaster relief operations, or community service programs need volunteer agreements for every participant to document their role, establish behavioral expectations, and create a record that the individual is serving voluntarily rather than as an employee.

Schools and educational institutions engaging parent volunteers, classroom assistants, field trip chaperones, and fundraising event helpers need agreements that address background check requirements under state child protection laws, supervision protocols, and restrictions on volunteer access to student records protected by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g. Hospitals and healthcare facilities using volunteers for patient interaction, administrative support, or wayfinding need agreements addressing HIPAA confidentiality obligations, infection control protocols, and the scope of activities volunteers are authorized to perform.

Event-based volunteering for marathons, festivals, political campaigns, and conferences requires agreements addressing the specific event dates, assigned duties, safety protocols, and liability waivers. Court-ordered community service volunteers need agreements that satisfy the requirements of their sentence or diversion program, including documentation of hours served and the supervising organization's reporting obligations to the court. International volunteer programs placing participants in overseas projects need agreements addressing health and safety risks, evacuation procedures, cultural conduct expectations, and the organization's limitations of liability for conditions beyond its control.

The volunteer role description must clearly identify the activities the volunteer will perform, the department or program they will support, their reporting supervisor, and the expected schedule or time commitment. Include a statement that the volunteer position is unpaid and does not create an employment relationship, that the volunteer is not entitled to wages, benefits, workers' compensation, or unemployment insurance, and that the agreement may be terminated by either party at any time without cause or notice. This language is critical for maintaining the volunteer's exempt status under the FLSA.

The organization's obligations section should describe the training, supervision, and resources the organization will provide, including orientation programs, safety training, and any protective equipment required for the volunteer's assigned duties. Address whether the organization provides volunteer liability insurance coverage, automobile insurance for volunteers using their personal vehicles on organization business, and accident or injury coverage. Many states have enacted Good Samaritan statutes and volunteer protection laws that limit volunteer liability, but these protections often require the volunteer to be acting within the scope of their assigned duties and under the organization's direction.

Conduct and compliance provisions should include the organization's code of conduct, anti-harassment and anti-discrimination policies, drug and alcohol policies, and social media guidelines. Include confidentiality provisions prohibiting the disclosure of sensitive information about the organization's clients, donors, operations, and proprietary methods. For organizations working with vulnerable populations (children, elderly, disabled individuals), specify background check requirements, mandatory reporter obligations under state child abuse and neglect laws, and the consequences of failing to report suspected abuse. Address intellectual property ownership for any work product, content, or creative materials the volunteer produces during their service. Include a liability waiver and assumption of risk provision for activities involving physical risk, and specify the volunteer's obligation to report injuries, accidents, or safety concerns immediately to their supervisor.