Basscoast Volunteer Agreement 2018
THIS AGREEMENT made between the Volunteer, as defined in the Application (defined below), and Bass Coast Project Ltd. (“Bass Coast” or “Festival Owner”), as of the date the Application was submitted to Bass Coast (“Effective Date”), formalizes the parties’ agreement to be bound by the following terms, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged by the parties (“Agreement”):
- Festival: Bass Coast Festival 2018
- Date: July 5 through 9, 2018
- Location: 1000 Midday Valley Road, Merritt, B.C. V1K 1L4
- Application: Application form submitted by Volunteer via Bass Coast’s online portal
Deposit. A deposit in the amount of Three Hundred Nineteen Dollars ($319.00) plus applicable taxes plus an administration fee (“Admin Fee”) in the amount of Thirty Dollars ($30.00) (“Deposit”) is payable by Volunteer to Bass Coast to reserve Volunteer’s entitlement to entry for herself/himself for the Festival (“Entry”) as set out at Section 3. The Deposit is payable by Volunteer in either of the following ways:
- Payment of the Deposit in full upon submission of the Application; or
- Payment of the Deposit in three (3) equal instalments (each an “Instalment”, together the “Instalments”) with the first Instalment payable upon submission of the Application and the second and third Instalments paid thereafter. Payment in full of the Deposit must be completed by no later than May 30, 2018 or the Volunteer’s Entry will be forfeited.
The Deposit (less the Admin Fee) is refundable to Volunteer upon completion by the Volunteer of her/his Duties (as defined below) and will be refunded to Volunteer by no later than July 30, 2018.
Volunteer Package. The Fee payable to Bass Coast includes the following for the benefit of and use by Volunteer:
- Entry for the Volunteer, pursuant to the terms of the Waiver (as defined below), which Entry is non-transferable and non-refundable except as set out hereunder at Section 5 or 13(b);
- Camping at the Site;
- Access to volunteer headquarters;
- Commemorative Bass Coast merchandise;
- Access to full programming and events at the Festival; and
- Other Festival perks.
- Duties. Volunteer agrees to perform the duties identified by the Volunteer Manager or her/his delegate that correspond to the role assigned to the Volunteer (“Duties”). Volunteer agrees to perform the Duties diligently, as these may be amended from time to time by the Volunteer Manager or her/his delegate.
- No Transfer / Assignment. If Volunteer cannot attend the Festival to perform the Duties and advises Bass Coast before June 8, 2018, then she/he may find another person to perform the Duties on the final approval of the Volunteer Manager, in her/his sole discretion. If the replacement volunteer is approved, then Volunteer can assign this Agreement to the replacement volunteer who, on accepting such assignment, shall acknowledge and agree to the terms hereof, and Bass Coast shall thereafter refund the Deposit to the replacement volunteer pursuant to the terms of Section 2. No requests to assign to a replacement volunteer will be honoured on or after June 8, 2018 and if Volunteer cannot perform the Duties at the Festival, then this shall be deemed a termination pursuant to the terms of Section 13(b).
- Code of Conduct. Volunteer acknowledges and agrees that Bass Coast has an interest in protecting the health and safety of its invitees to and Volunteers, contractors and employees at the Festival. Volunteer further acknowledges and agrees that Bass Coast has a harm reduction policy (the “Policy”) in place in relation to its invitees to the Festival and Volunteer agrees to abide by the Policy, the applicable terms of which are contained in Bass Coast’s Code of Conduct attached hereto as Schedule “A”. Volunteer has reviewed the Code of Conduct during the Application process and hereby acknowledges and agrees with the terms of the Code of Conduct and the execution of the Application form is evidence of such agreement to be bound by the terms therein at all times during Volunteer’s involvement with the Festival. Bass Coast reserves the right to modify the Code of Conduct at any time in its sole discretion and update the Code of Conduct online at https://basscoast.ca/pages/code-of-conduct, and if Bass Coast deems that any changes to the Code of Conduct are material to you, Bass Coast will provide notice to its volunteers either via email or social media post to its closed Facebook group for volunteers, however it is your responsibility as a Volunteer to update yourself of any changes thereto in advance of the Festival and your attendance and performance of your Duties at the Festival indicate your acceptance of the terms of the Code of Conduct as may be amended from time to time.
- General Information. Volunteer has reviewed, and acknowledges and agrees to be bound by the rules and regulations contained within the Volunteer Information package that was provided to Volunteer during the application process, which is attached hereto as Schedule “B”.
- Use of Facilities. Volunteer shall not use the Festival Site or any part thereof, nor shall she permit the Site or any part thereof to be used by any of its agents, employees, contractors, licensees or invitees, for any unlawful purpose or intentionally in any manner likely to injure persons or property in, on or near the Site, including without limitation the sale and or provision of goods and services from the Site that are likely to injure and or cause harm to invitees to the Site.
- Volunteer Representations and Warranties. Volunteer represents and warrants that: (a) she will not take any action inconsistent with the material terms of this Agreement; (b) the execution, delivery and performance of this Agreement have been duly authorized by all necessary corporate action and are not in contravention of any law or agreement by which she is bound; (c) the Duties and other obligations under this Agreement will be performed in compliance with all applicable federal, provincial and local laws and regulations; and (d) she/he will comply with Bass Coast’s Code of Conduct attached hereto as Schedule A and with the Volunteer Information attached hereto as Schedule B at all times during the Festival.
- Bass Coast Representations and Warranties. Bass Coast represents and warrants that: (a) it is an entity that is duly organized, validly existing and in good standing under the laws of the Province of British Columbia; and (b) the execution, delivery and performance of this Agreement have been duly authorized by all necessary corporate action and are not in contravention of any law or agreement by which Bass Coast is bound.
- Indemnification. Volunteer shall indemnify and hold harmless Bass Coast, its affiliates, and its respective officers, directors, employees, contractors, agents, volunteers, invitees and individual property owners for any and all losses, liabilities, claims, damages and expenses (including reasonable costs of investigation and attorney’s fees) (collectively, “Losses”) occurring at the Site and caused to Bass Coast and or persons and or property in, on or near the Location before, during or after the Festival by (i) Volunteer’s failure to comply with any and all federal, provincial, local and municipal laws and regulations, ordinances, and common laws (collectively, “Laws”) applicable to Volunteer’s attendance at Festival, or (iii) the material breach or default by Volunteer of any provision of this Agreement.
- Termination by Bass Coast. Bass Coast may terminate this Contract as follows: (i) immediately on notice thereof to Volunteer in the event of a material breach by Volunteer of any of the terms herein or any breach of the Code of Conduct, without further liability to Volunteer in relation to anything at Section 3; and or (ii) on one (1) month’s prior written notice to Volunteer for any reason.
- Termination by Volunteer. If Volunteer terminates the Agreement on less than one (1) month’s prior notice, the Deposit will be non-refundable and will be deemed fully earned by Bass Coast. In the event of termination by Volunteer due to a medical or work emergency, provided that Volunteer gives Bass Coast an acceptable letter from a doctor or employer, as applicable, then the Deposit less the administration fee shall be refunded to Volunteer.
- Postponement or Cancellation. If Bass Coast postpones, cancels or interrupts the Festival for any reason, Bass Coast will provide Volunteer with immediate notice thereof and will advise of any postponed date for the Festival (“Postponed Date”). In the event that Volunteer is not available to attend on the Postponed Date, then this Agreement will be cancelled immediately and the Deposit will be refunded to Volunteer. In the event that the Festival is cancelled by Bass Coast, the Deposit will be refunded to Volunteer.
- Force Majeure. If Bass Coast cannot complete the Festival due to a fire or other casualty, strike, act of God, force majeure or other cause beyond the control of the Parties, Bass Coast will have no liability to Volunteer with respect to this Agreement or the refund of the Deposit.
- No Employment. Volunteer is a volunteer, therefore nothing herein shall create or be construed to create an employment relationship between Bass Coast and Volunteer.
- Proprietary Rights. Bass Coast is the owner of and claims all proprietary and intellectual property rights in and to any documents, files, trademarks, logos, designs, audio files and recordings, audio-video recordings, photographic material and any material that it records and or produces, directly or indirectly, in connection with and or for the Festival, whether any intellectual property rights are registered with any governmental authority or unregistered.
- Release and Waiver. Volunteer acknowledges that Bass Coast and its employees, contractors, agents, affiliates or third party partners may be filming and photographing video and or photographic still images, and recording audio sound during the Festival strictly for the purposes of creating promotional material for the Festival and subsequent festivals, and Volunteer agrees and to being filmed, photographed and or recorded for possible use in such promotional material in any and all media whether now known or hereinafter devised throughout the world in perpetuity.
- Notice. Any notice that may be given pursuant to this Agreement will be in writing and delivered, transmitted by facsimile or electronic mail or sent by postage prepaid mail and addressed to the Volunteer at the addresses provided in the Application and to Bass Coast at email@example.com or to such other address, fax number or electronic mail address as either Party may specify in writing to the other. The time of giving and receiving any such notice will be deemed to be on the day of delivery or transmittal if delivered or sent by facsimile or electronic mail (so long as no error message was received in response to such delivery or transmittal and such delivery or transmittal was carried out prior to 5:00 p.m. (P.S.T.) on a business day, failing which such notice will be deemed to have been given and received on the next succeeding business day, or on the date of delivery to the recipient if sent by mail.
- Incorporation. This Agreement incorporates by reference the terms within the preamble, including any schedules attached hereto from time to time.
- Entire Agreement. This Agreement constitutes the entire agreement of the parties relating to the subject-matter of this Agreement and supersedes all prior written and oral agreements.
- Amendment. This Agreement may not be amended or modified except in writing executed by both Parties.
- Waiver. The failure or delay on the part of either party to insist upon the strict performance of any term or condition of this Agreement or to exercise any option, right or remedy contained herein, will not be construed as a waiver of or relinquishment for the future of such term, provision, option, right or remedy, but the same will continue and remain in full force and effect.
- Severability. If any of the provision of this Agreement is deemed unenforceable, then the remainder of the Agreement will continue in full force and effect.
- Enurement. The terms and conditions of this Agreement shall be binding upon the parties, their heirs, successors and personal representatives.
- Time. Time is of the essence of this Agreement.
- Counterparts. This Agreement may be executed and delivered by electronic transmission and in counterparts via the Application as digitally signed and submitted by Volunteer and by Bass Coast where indicated below, which signatures will be construed together as execution of one Agreement, which will be deemed to be executed and dated as of the Effective Date set out above.
- Currency. All references to currency are in the lawful currency of Canada, unless otherwise indicated.
- Governing Law. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable herein.
IN WITNESS WHEREOF this Agreement has been executed by the parties as of the Effective Date pursuant to the terms hereof.
BASS COAST PROJECT LTD.
Bass Coast Authorized Signatory
CODE OF CONDUCT
VOLUNTEER INFORMATION PACKAGE