Introduction
We’re absolutely thrilled that you’ve decided to join us in our quest to do good in this world by participating in Coupla Guys and Gals Give Back leadership. But first, we ask all participants to read this (not too scary) Leadership Agreement.
The Purpose of this Agreement is to make sure we start off on the right foot. When you join our team, we work hard to bring you into the fold. We want you to do well because we care about you. This Agreement protects both you and us by laying out everyone’s expectations. You can rest assured that all leaders are held to this same standard so you can feel safe against the possible actions of other leaders or those with a different agenda.
Most of it is common sense, but we like to have things in writing so everyone knows what is expected. While reading this Agreement, your leadership position/role will be referred to as “Leader”, and we (Coupla Guys and Gals Give Back) will be referred to as “Organization” or “C3GB”. If you have any questions, just ask your Program Manager to clarify. Okay, deep breath. Ready, set, read!
What It Means to Be A Part of C3GB
Acting in the Best Interest of the Organization
As a member of our leadership, you are a representative of our organization and our values. While you are not an employee or independent contractor of the organization or even compensated financially, we work continuously to provide as much non-financial compensation (valuable leadership training, coaching and guidance, public recognition) as possible. In return, please stay focused on the best interests of the organization and our community. This means not acting in a manner inconsistent with our mission or our goals.
Policies and Values Guide
Since we know everyone wants to act in the best interest of the organization, we’ve gone ahead and documented those as Policies and Values. You’ll find those in the online Guides and by acknowledging this agreement, you are agreeing to follow those Policies and Values.
Following the Guides and Milestones
It’s important that you know what is expected of you and what you can expect of us. To avoid surprises, we’ve created Guides and Milestones for all Leaders. Everything you want or need to know is contained in these Guides and the Milestones keep you on track. As crazy as it may sound, Leaders who do not read these Guides or follow their Milestones almost always end up making their lives far more difficult. Please follow them as closely as possible to prevent any complications or awkward situations and to make everyone’s lives easier.
These Guides also prevent Leaders who autonomously create new positions or responsibilities not outlined in the guides, even if perceived as beneficial to the organization. We heart you hot shots, but if you have constructive ideas, please propose them to the Program Managers.
Commitment
Leaders must be reliable and trustworthy, and in return, we want to make sure you feel appreciated. The same idea persists in the volunteer world. It really puts us in a tough situation when one of our good-intentioned volunteers changes their mind, turns into dead weight, or causes problems in any other way. You will need to commit to your position and stick to it. No Flaky McFlakersons! For the term of your Leadership positions, we simply request you complete your Milestones to graduate. As a volunteer, you may complete these Milestones at your own pace. You really get out what you put in!
From Start to Finish and Bumps In Between
Getting up and running with a no pressure guarantee: Provisional Milestones
When you first start out with us, you won’t fully know us and we won’t fully know you. We’ve created Provisional Milestones to let you try a test run with the training wheels before you trust us to hold your seat and let go. These Milestones are easy, minimal-commitment duties to fulfill before getting started. They allow both parties (leader and organization) to evaluate one another to make sure moving forward is a good fit. It also provides you a preview into the type of Leadership role you are committing to.
Hey, we get it! Sometimes life takes over and you need to take a breather: Postponed and Probationary Periods
We know life can throw curve balls when least expected. During those times, we want you to concentrate on what is important in your life, but we do want you to come back. Further, we are fully aware that this is a volunteer organization and that you’re not getting paid. However, your commitment to it is very important to us and to the progress of your team. If you are facing a curveball or feeling overwhelmed, we encourage you not to quit or get discouraged, but instead you may fall within one of our designations for when you need to take a break from your responsibilities:
Postponement
After a discussion with the Program Manager, if the lapse in Milestones is deemed temporary due to exceptional circumstances (family emergencies, work demands, sudden life occurrences), arrangements can be made to temporarily postpone that individual’s program with the intent to resume. We do put a limit of three (3) months on this period, but hopefully by then you’ll be able to join back up with us.
Probationary
If the lapse in Milestones is simply due to lack of motivation or assertiveness, a three (3) month probationary period will be granted to complete those tasks and catch up with requirements. If Milestones are not caught up with by the end of the probationary period, a termination from leadership is the most likely outcome. Remember what we said about commitment?
Changing Positions
We’ve all been there; while being handed our chocolate ice cream we realize we actually wanted strawberry, or even vanilla. It’s hard to be 100 percent sure about something. We understand that this will happen with those who join our Leadership.
Sometimes a Leader will start one leadership position and later decides they would be better at another (we hope the Provisional Milestones would prevent this). But we know there are situations where making a switch is best for all. If you want to switch positions, involve the Program Manager and take all the necessary steps to make it an easy process without any hurt feelings.
Graduating or Terminating Rights
Leader candidates are volunteers who work in order to graduate from the program after fulfilling established requirements. It is our intention that every person who starts out as leadership “graduates” through their Milestones.
But we all know that things don’t always turn out as planned. That’s okay! No hard feelings… we can all still be friends. If feel like you want to leave voluntarily, we request you first talk with us. Although, C3GB does reserve the right to terminate anyone in leadership for any reason. Hopefully we never get to this point, but we do have to say it.
Things that You Would Think Would Be Common Sense, but We Wanted to Explain Anyway
Working with Other Organizations
While you are engaged in leadership activities for the organization, you agree not engage in outside business activities with partner organizations, sponsors, volunteers, other leaders or the organization's general following.
Similarly, do not hand out another organization’s event flyer at our event. Since C3GB was founded with the idea of helping ALL causes and organizations, we WILL do this from time to time. However, we have an established structure and procedure for doing it. We need you to follow these procedures. Our community does not put forth their hard work to give others an opportunity to capitalize on it. We are focused on partnership and collaboration and don’t want to see anyone taking advantage of our hard work, people or opportunities. This includes organization social media and events.
Using the Organization’s Connections for Personal Gain
We’re happy to say that this doesn’t apply to the vast majority of leaders, but one of our guiding principles is to protect the reputation and best interests of the entire community. To do this, we spend lots of time building and nurturing valuable relationships with like-minded peoples and organizations. So it really hurts and makes us look bad when an individual contacts or uses the relationships, introductions, proprietary information and/or other leaders for their own personal or professional gain.
While fulfilling responsibilities for the organization, all agency relationships gained or developed are those of the organization, NOT of the individual. The Leader does not reserve rights to develop activities, business ventures or sponsor opportunities outside of the interest of the organization. If a Leader violates this rule, immediate termination of leadership program will occur and financial remediation may result. We sincerely hope this is never an issue, but we have to say it just in case.
Further, if you happen to leave our organization, any agency relationships, partnerships, etc. stay with us, even if you helped established them. It may not seem fair in the heat of the moment, but let cooler heads prevail. If you've had a relationship with another organization prior to becoming a leader, you simply need to disclose that relationship with us within ten (10) days of joining our leadership and we will let you know if we believe it will be a problem for any reason. Our goal is not to prohibit you from working with other organizations after you leave ours, but we have to be clear that attempts to undermine our relationships with other organizations and volunteers will not be tolerated. That’s just how it works and we will strongly defend ourselves against any past leader with intent or a personal interest to disrupt those relationships. We might have to pursue legal means which could lead to financial remediation. Let’s just all agree to be civil and not let it go to this level.
Leaving the Program
When leaving the leadership program by graduating, being terminated, or by leaving voluntarily, Leaders agree not to inhibit or harm the organization in ANY way.
This limitation includes saying nasty things or spreading rumors. You’re probably wondering who would do something like that, but you’d be surprised; we’ve seen some interesting cases. Similarly, you agree not to encourage other leaders to leave the program, attempt to take member/volunteer information or use relationships established while working with C3GB (members, volunteers, leaders, sponsors, partner organizations) for personal reasons or for those of another organization.
Therefore, while working for us and for a period of two (2) years after leaving, Leaders agree not to directly or indirectly engage, hire or solicit for employment or volunteer any employees, leaders, donors, sponsors or volunteers of the Organization, or former employees, leaders, donors, sponsors or volunteers who participated, without the written consent of the organization. Additionally, you agree not to enter into any direct relationship with C3GB’s partner organizations, volunteers, leaders, donors, or vendors, or to enter into any agreement for the creation of the same or similar programs or business service models of C3GB with any third parties, or seek to cause the creation, for itself or for others, the program(s) or any similar business(s) to those of C3GB while working for us and for a period of two (2) years after leaving.
Other Brands
The use of other corporate names and brands is not allowed or insinuated in any way, at events or through social media, unless approved by the national organization. We work to build relationships with other organizations within society, but we want to make sure we are following the rules. Think before you use a name, logo or image and ask if you have any questions.
Our Name
We want you to feel a part of the this movement, and we know that you will. We also hope that your work with us might inspire you to start your own cause or initiative to help address an issue you are passionate about. However, if this is the case, we ask you to be original and make it your own. C3GB retains all rights to its name, logo and icon and these cannot be used in any capacity without first getting approval.
Chapter Status, Leadership and Sponsorship
These can be revoked at any time if deemed necessary by the organization.
Our Information
Our Proprietary Information
Because we trust you, we are going to show you everything. As a Leader, you are going to be privy to a lot of proprietary information regarding the operations of the organization. Proprietary information includes, but is not limited to, the design, processes, tools and people that work behind the scenes of the leadership program as well as brand-specific items that took time and money to develop. You also gain access to any proprietary databases, programs and passwords. This proprietary information is for Leaders ONLY and must not be shared with anyone that has not been formally engaged in the program. To make things easy, unless someone has signed this Agreement, they do not get to have access to inside information. There are approved materials on our public website for candidates to review for consideration of leadership.
As would be expected, this also goes for those who leave the leadership program. It is prohibited to remove any of that proprietary information for use in any other capacity. Any violation of this may result in financial remediation.
Output Ownership
We’re going to state this ownership stuff pretty broadly, so it’s clear as possible. While working with us, you may produce certain work product, such as photos, art, writings, documents, graphic design projects, or anything else you might create. You are intending to create that work product for the organization (just as you would with a for-profit organization, except with more of a warm fuzzy feeling). We will retain exclusive ownership of that work product, including rights, copyrights, trademarks, patents, titles and interests throughout the world. And with our ownership, we have the right to do what we want with it, such as publish, distribute, make derivative works of, edit, or otherwise use it. So we own it everywhere and we can do stuff with it.
Return of Confidential Information
All internal materials, regardless of their format or content, are considered Confidential Information. C3GB will remain the exclusive owner of the Confidential Information and all legal or other intellectual property rights therein. No license or conveyance of any such rights to any recipient is granted or implied under this Agreement, except as otherwise expressly provided in this Agreement. Further, you will not entering into a transaction that employs all or any part of such Confidential Information of C3GB with any third party.
Think of our internal materials as library books. When you’re done with the program, we’d like our stuff back please. When you graduate or if terminated, you agree to return all Confidential Information, as well as any copies (whether tangible, intangible or electronic format) that contain either Confidential Information or information derived from it. We’ll ask you to confirm that you did this in writing so that we can all be sure that everyone is playing by the rules.
Non-Circumvention
It’s silly, but sometimes people with other plans try to play by their own rules or circumvent the ones we lay out for them. Leaders agree to not circumvent or attempt to circumvent the organization by appropriating Confidential Information in any way whatsoever (either directly or indirectly), except as specifically authorized herein. We completely understand, in the future, you may develop your own programming or receive information from a third party that may be similar to our Confidential Information. In the event that there is any project currently or in the future that consists of the same or similar intellectual property as that received from C3GB, please provide us with a comprehensive explanation and disclosure of the nature of those same or similar materials to C3GB along with a disclosure of your intent regarding the same or similar materials within ten (10) days of learning about those same or similar materials. (We may actually support and promote those projects, but we simply want to be kept “in the know.”) If you’re ever not clear about how this applies to you, JUST ASK! We won’t bite, we promise.
Hold Harmless and Indemnify
We hold the safety of our volunteers as a priority. You agree that you are a volunteer and that as a volunteer, you are participating at your own risk. You will not hold us or any of our agents responsible for any liability, such as for any personal or property damages. You are responsible to take reasonable care of the health and safety of you and others. Please let us know of any concerns you have about the safety and fitness while working with us.
If your actions infringe on a third-party, you will indemnify us for any and all damages, liabilities, costs, attorney’s fees, losses or expenses arising out of any claim, demand, or action by a third-party against us. You will also indemnify us from any and all damages, liabilities, costs, attorney’s fees, losses or expenses arising out of any claim, demand, arising out of any breach of your responsibilities or obligations, representations or warranties under this Agreement, including the enforcement of this Indemnification clause.
Injunctive Relief and Damages
Everything within this Agreement in crucial to the functioning of this organization and you understand that legal action might not be enough to protect us against any real or threatened breaking of this contract. So, without prejudice to any other rights and remedies otherwise available, you are agreeing to the granting of injunctive relief, without legal opposition, and without proof of actual damages.
By breaching this Agreement in any way, we will be harmed (both financially and emotionally). We all agree that no one wants to pay legal fees, which is why we hope we never have to defend our rights of the organization. However, in the event of litigation relating to this Agreement, the prevailing party will reimburse the other party for its costs and expenses (including, without limitation, legal fees) incurred in connection with any such litigation.
Resolving Disputes and Governing Law
Negotiation. If there is a dispute between us and you, you agree to first try to resolve the dispute with us in good faith before mediation or court intervention.
Mediation. If we cannot resolve the dispute in good faith, the matter will be submitted to mediation, where we both agree to the following procedures:
(1) The Party initiating the mediation will provide ten (10) days’ notice to the other Party, stating the nature of the dispute;
(2) Each Party shall mediate in good faith and effort to resolve the issue;
(3) Each Party shall appoint a representative and the two representatives will both appoint a third impartial representative to be mediator to the dispute;
(4) The mediation shall be located in Collin County of the State of Texas, unless the parties agree otherwise;
(5) The mediator will not change or modify the terms of this Agreement without the written consent of the Parties;
(6) Any settlement reached by the Parties during mediation must be signed and will be considered a final, binding, and conclusive decision on behalf of all Parties, and legal judgment may be entered based upon such decision in accordance with applicable law in the State of Texas;
(7) The Parties agree to split the costs of the mediator equally, but all other costs and fees will not be shared or paid by the other Party unless so agreed by the Parties;
(8) At the request of any Party, and at the cost to that requesting Party, a court reporter will attend and transcribe the mediation proceeding;
(9) If a Party seeks to enforce the settlement and so prevails in enforcement, the Party is entitled to fees and reasonable costs, including attorney’s fees;
(10) If a Party challenges the settlement and so prevails in challenge, the Party is entitled to fees and reasonable costs, including attorney’s fees; and
(11) Any action instituted by either party arising out of the enforcement of the settlement will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in Collin County of the State of Texas, and the Court in such action shall apply Texas substantive law.”
Litigation. If we ever have to go to court, and we seriously hope it doesn’t come to that, we will do so in the courts of the State of Texas within Collin County or in the US District Courts for the Central District of Texas. As such, this Agreement will be governed by and construed in accordance with the laws of the State of Texas only. We also need to say that if this were to happen, both parties will accept the ruling of the court. Why wouldn’t we? And one last thing, the things we’ve gone over in this Agreement apply to the whole world. So, rules apply everywhere, court is in Texas. Let’s make sure this never happens and remains just a small paragraph in the leadership agreement instead of something much bigger and messier.
Entire Agreement
This Agreement constitutes the complete and exclusive statement of its agreeing members. If any court of competent jurisdiction holds any term or provision of this Agreement invalid or unenforceable, the other terms and provisions of this Agreement will remain in full force and effect. This Agreement may not be modified except by a written agreement executed by the party to be charged with the modification. The parties also agree that no failure, delay or partial exercising of any right, power or privilege under this Agreement will operate as a waiver of such rights. This Agreement is non-assignable and is deemed binding on the parties and each of their respective, heirs, legal representatives, successors, and permitted assigns.
We just want you to know that this agreement is for real. We are looking forward to our collaboration and to your participation in our organization. If you have any questions or concerns, ask someone. Otherwise, welcome and let’s get to work!