Waivers & Liability

Why do nonprofits have waivers and liability insurance? Well, there are some excellent reasons. First, they help protect the organization from getting into legal trouble and keep the risk in check. Think of them as a safety net to keep the organization focused on serving the community!

Now, we all know accidents happen. When things do not go as planned, having liability insurance can cover legal costs and payouts. Without it, a lawsuit could drain the organization’s funds, which takes time and money away from its mission.

It’s important to donors, too. They want to see an organization on top of its game and taking safety seriously. All in all, it’s vital to ensure your nonprofit is covered, but remember to get pro help to set it up right for your specific needs.

We’ve all signed many agreements in our lifetimes but probably haven’t spent much time thinking about what a waiver actually is or the components of a waiver. For our purposes, a volunteer waiver, also known as a volunteer release or volunteer agreement, is a legal document that outlines the terms and conditions of a volunteer’s participation in an organization’s activities. It’s essential to draft a comprehensive waiver to protect the organization and the volunteer. You may not need all of these, but here are some key elements to include in a volunteer waiver:

Title and Introduction. Clearly label the document as a “Volunteer Waiver,” “Volunteer Release,” or a similar title. Begin with a brief introductory statement that explains the purpose of the document and the relationship between the volunteer and the organization.

Parties Involved. Identify the volunteer by name and the organization hosting the volunteer.

Volunteer’s Acknowledgment. The volunteers should acknowledge that they understand the nature of the volunteer work, its potential risks, and the potential for accidents or injuries.

Volunteer’s Consent or Permission. The volunteer should give informed and voluntary consent to participate in the organization’s activities.

Release of Liability. Include a clear and unambiguous release of liability clause. This clause typically states that the volunteer releases the organization from any liability for injuries, damages, or losses that may occur during their volunteer service.

Assumption of Risks. State that the volunteer assumes all risks associated with their volunteer activities and that they are participating willingly.

Confidentiality. Include a confidentiality clause if the volunteer will have access to sensitive information about the organization or its clients.

Photo/Video Release. If applicable, include a clause that addresses using the volunteer’s image or likeness in photos, videos, or other promotional materials. We recommend you take pictures at all of your volunteer opportunities! These can be used in newsletters, flyers, social media posts, grant applications, and end-of-year reports to help your organization recruit volunteers and raise money!

Code of Conduct. Specify the organization’s code of conduct and behavior expectations for volunteers.

Duration of Volunteer Service. Indicate the start and end date of the volunteer service or specify that it is an ongoing commitment.

Termination. Include a section detailing the circumstances under which either the volunteer or the organization can terminate the volunteer relationship.

Release from compensation. Explain that the volunteer agrees to hold the organization harmless from any claims, damages, or legal expenses arising from the volunteer’s actions.

Emergency Contact Information. Collect the volunteer’s emergency contact information in case of accidents or medical emergencies.

Governing Law. Specify the governing law and jurisdiction in legal disputes.

Signature. Include a space for the volunteer to sign and date the document, indicating their agreement with its terms.

Witness and Notary. Depending on local laws and the organization’s requirements, you may need to include a witness or notary public to verify the signatures.

Remember that the necessary elements of a waiver can vary by organization and jurisdiction. It’s essential to consult with legal counsel to create a waiver that meets your specific needs and complies with local laws. Additionally, waivers should be written in clear, plain language to ensure the volunteer fully understands their rights and responsibilities. Review the waiver by legal counsel to ensure its legality and effectiveness in your jurisdiction. A member of your board may be an attorney or know an attorney who could review your waiver at little or no cost.

Hands On Atlanta

• Adult Liability & Photo Release
• Youth Liability & Photo Release
• Family Liability & Photo Release

Atlanta Community Food Bank

• Adult Release
• Minor Release

Organize stored waivers systematically (e.g., by year, activity, or name) for easy access. Keep them in a secure location for at least two years, depending on the specific laws in your area. If you’re concerned about physical storage limitations, consider digitizing the process using an online waiver solution. With such a system, you can store countless signed waivers in an online database without physical paperwork. There are many options online that vary in features and cost. A free option is to create a waiver and store it on a cloud service like Google Drive.

Your nonprofit most likely has an insurance policy. While most policies will cover your organization for general liability, you will want to check to ensure it includes insurance to meet the specific needs of your organization. Nonprofit organizations in Georgia, like in many other states, often need various types of insurance coverage to protect their operations, assets, and stakeholders when hosting volunteers. Insurance needs can vary depending on the organization’s size, activities, and other factors. For example, if volunteers are picking up food from the food bank or donations, you’ll need to have auto liability insurance. Here are some examples of the types of insurance your organization may need:

General Liability Insurance. General liability insurance is essential for nonprofits as it provides coverage for bodily injury and property damage claims that may arise while volunteers are working on the organization’s premises or during its activities. This insurance can protect the nonprofit from legal costs and settlements.

Volunteer Accident Insurance. Volunteer accident insurance can provide coverage for medical expenses and, in some cases, disability benefits for injured volunteers while performing their duties for the organization. This can help protect both the volunteers and the nonprofit.

Directors and Officers (D&O) Insurance. D&O insurance can protect the organization’s board members and officers from personal liability if they are sued for decisions made on behalf of the nonprofit. Organizations need to have D&O insurance to attract and retain volunteers and leaders.

Property Insurance. If your nonprofit owns or leases property, property insurance can cover damage to buildings, equipment, and other assets. This can be crucial if volunteers are involved in property maintenance or use of equipment.

Workers’ Compensation Insurance. In some cases, volunteers might be eligible for workers’ compensation coverage if injured while volunteering for the organization. Workers’ compensation insurance can help cover medical expenses and lost wages for these volunteers.

Special Event Insurance. If your nonprofit hosts special events, fundraisers, or community gatherings that involve volunteers, consider special event insurance to cover the risks associated with these activities.

Cyber Liability Insurance. Nonprofits often handle sensitive donor and volunteer information electronically. Cyber liability insurance can protect the organization in case of data breaches or cyberattacks.

Non-Owned Auto Insurance. If volunteers use their personal vehicles for nonprofit activities, non-owned auto insurance can provide liability coverage for the organization in case of accidents while volunteers drive. 

Umbrella/Excess Liability Insurance. This provides additional liability coverage above and beyond the limits of other liability policies, offering extra protection in case of a hefty lawsuit.

Nonprofits need to work with an insurance agent or broker specializing in nonprofit insurance to determine the specific coverage needs of their organization. The requirements may vary based on the size, activities, and volunteer involvement of the nonprofit. Additionally, it’s essential to regularly review and update your insurance coverage as your organization evolves and changes.

Safety and risk reduction are vital for your organization. By implementing robust safety measures, you can safeguard the well-being of volunteers, clients, and the community, comply with regulations, and enhance your reputation. This will help maintain operational continuity, boost employee morale and productivity, and ultimately contribute to community well-being. Centering safety will not only reduce accidents but also encourage volunteers and clients to return, which will aid in furthering your organization’s mission. Here are some safety measures and risk mitigation strategies to consider:

Food Safety Training. Ensure that all staff and volunteers who handle food receive proper food safety training. This includes understanding safe food handling, storage, and hygiene practices.

Quality Control. Regularly inspect donated food items for expiration dates, damage, or contamination. Only distribute food before its expiration date or in damaged packaging.

Safe Food Handling. Be sure to implement best practices for secure food handling, including handwashing, using gloves, and maintaining clean work areas.

Food Allergen Awareness. Be vigilant about food allergen awareness. Clearly label food items with potential allergens and educate staff and clients about allergen risks.

Record Keeping. Maintain detailed records of the food you receive, distribute, and discard. This documentation can help in case of recalls or disputes.

Distribution Process. Establish an organized and efficient distribution process to minimize food handling and reduce the risk of contamination.

Client Privacy and Dignity. Ensure that clients are treated with respect and dignity during food distribution. Protect their privacy and maintain a safe, non-discriminatory environment.

Facility Safety. Maintain the safety of your distribution facility. Ensure it is well-lit, clean, and free from hazards. Address any structural or safety issues promptly.

Emergency Preparedness. Develop an emergency response plan that outlines how to handle food safety issues, power outages, natural disasters, and other emergencies. Make sure staff and volunteers are trained on these procedures.

1. Client Education. Educate clients about safe food handling practices, proper storage, and checking expiration dates on food items.

2. Collaboration with Health Departments. Collaborate with local health departments and food safety authorities to stay informed about food safety regulations and best practices.

3. Regular Training and Updates. Provide ongoing training for staff and volunteers to update them on the latest food safety practices and regulations.

Insurance. Obtain the appropriate insurance coverage, including general and possibly product liability insurance, to protect against potential risks and liabilities.

Food Donation Guidelines. Establish clear guidelines for accepting food donations. Communicate these guidelines to donors to ensure that donated items meet safety standards.

Legal Compliance. Ensure your food distribution practices comply with local, state, and federal regulations. This may include permits, licenses, and inspections.

Education & Communication

Client Education. Educate clients about safe food handling practices, proper storage, and checking expiration dates on food items.

Collaboration with Health Departments. Collaborate with local health departments and food safety authorities to stay informed about food safety regulations and best practices.

Regular Training and Updates. Provide ongoing training for staff and volunteers to update them on the latest food safety practices and regulations.

Regular Inspections. Periodically inspect the distribution facility and equipment to ensure they meet safety standards. Maintain equipment in good working condition.

Data Security. If you collect and store client information electronically, take steps to protect data privacy and security.

Regular Audits. Conduct regular audits and assessments of your food distribution processes to identify and address potential risks.

By implementing these safety measures and risk mitigation strategies, nonprofits can provide essential food assistance to their communities while minimizing potential hazards and legal liabilities. It’s vital to stay informed about best practices and continually adapt and improve safety protocols.

It's essential to document any accident or injury as soon as the people involved are cared for and safe. This will ensure the details of the incident are remembered, to ensure people get the proper care they need, as well as for insurance and legal purposes.

Hands On Atlanta Form