Volunteer Waivers: Should You, or Shouldn’t You?

Volunteer waivers is a huge topic that has been coming up in the VolunteerPro Insiders group, especially as we all continue to navigate through COVID-19 and the pandemic. I’d like to address in this article what kinds of things should we be asking about from our volunteers, what our waiver does for your organization, and how to best make decisions about whether or not you need a volunteer waiver in the time of COVID-19.

First, a Waiver on Volunteer Waivers The big fat caveat here is that I am not a law attorney. This discussion is not supposed to replace legal advice.

 

Anytime you create a contract where you want someone else to sign and give away something they own (including their rights)– that’s what volunteers do when they sign a waiver — the you should have your agency’s attorney look it over.

This article is will help you start to think about whether or not you need a waiver. But it is not intended to replace qualified legal advice.

 

The Purpose of Volunteer Waivers

I’m often struck often by misunderstandings about what waivers are and what they can actually do for you and your organization.

Some believe they protect volunteers. Others that they can ensure specific compliance.

While volunteer waivers or agreements are helpful in communicating expectations, they do not protect volunteers, nor guarantee people follow guidelines.

Rather, it’s helpful to think of waivers as a risk management tool.

There are four basic options for managing risk at our organization.

 

How We Can Manage Risks

 

1. Avoid Risk Entirely

This is what many have been doing with volunteers during the pandemic. Groups have decided either to not provide the service, or not have volunteers come down to our brick-and-mortar right now.

Avoiding risk altogether makes sense in many contexts, especially given CDC guidelines around COVID-19, and the rapid rise in transmission rates here in the US.

2. Modification

Another way to manage risk is change an activity to make it safer. In addition, to develop policies and procedures that describe these modifications. For example, changing up how volunteers interacting with your organization when they return to on-site service might be a modification. Perhaps you establish social distancing guidelines in your organization that impact volunteers. Or, staggered schedules are established so there are less volunteers during each shift. Further, you may have protocols around people taking their temperature and reporting their symptoms, or disclosing whether they’ve been around someone else who’s tested positive for COVID-19. Having people wear PPE is another example.

Any time you change an activity or set it up to keep it safe you are using modification as a risk management strategy.

3. Buy Insurance

Some amount of risk is inherent in most human activity. So, often organizationsdecide to live with it and buy insurance as a back stop.

While it covers paid employees, worker’s compensation insurance usually doesn’t cover volunteers. However, other insurance can be purchased to cover supporters or others who visit your facilities.

Check with your insurance policy if you’re unclear about how your organization’s insurance may or may not cover volunteers. Now is a really good time to ask questions, and be clear on coverage, before you being to bring people back in.

4. Volunteer Waivers

While insurance may sometimes help you, it often doesn’t cover volunteers.

You may need rely on the final way of managing risk, which is through transferring liability to a partner in whole or part through a contract.

This is, for all intents and purposes, what a volunteer waiver is.

Before implementing one, it’s important to be completely clear on what a waiver is. People different ideas about what these document achieve and who they serve, as well as what you’re asking volunteers to do when you ask them to sign. In short, a waiver transfers the responsibility of liability from one party to another. When you have a volunteer sign a waiver, they are essentially saying, “I am holding your organization harmless for any harm that might come to me during my service.”

Also, depending on what you specify in your waiver, it can be very specific. For example, “I agree to hold the organization harmless for a disease transmission,” like COVID-19.

Adult volunteers can decide whether or not they want to sign. For volunteers under the age of 18, their parent or guardian must agree and sign in their stead.

 

Goals of a Volunteer Waiver

So, what is the goal of having a contract like this? If your agency is not clear on why why volunteer waivers are being used, then don’t use them,

 

Make sure you understand why your agency requires volunteer waivers, as well. The rationale should not be “because others are doing it and it sounds like a good idea.”

1. Protection

Liability protection and risk management are the top reasons to use a waiver. Waivers are intended to protect organizations, but they do not necessarily prevent lawsuits.

The waiver is intended to protect your organization. It’s not to protect anybody else, including the volunteers.

2. Enforce Compliance

In addition, waivers can also be used to enforce compliance.

There is a limit to how much protection a waiver can offer, however. There is debate in the legal field as to whether waivers actually stand up in court very often.

So, you may also want to include in your waiver how any dispute will be negotiated. Talk to your lawyer and ask if a volunteer waiver is worth the paper it’s written onAnd how you can establish alternatives to court when there is a grievance.

3. Documentation

Another use for a waiver to mark the time when a volunteer becomes official, in other words, the official date and time when the volunteers sign up.

You may establish that once they sign, they are considered an active volunteer. This also helps mark the time when federal Volunteer Protection Act and other Good Samaritan laws will start to cover the volunteer. Iff there were to be a lawsuit against the volunteer, you are able to provide concrete documentation proving the date, they became officially authorized by your organization.

In the US, the Volunteer Protection Act and other state laws are intended to protect a volunteer from liability when performing service on behalf of a charity or cause. Other countries also usually have similar statutes specific to volunteers..

But remember, your waiver does not protect volunteers. It protects your organization. If you’re concerned about protecting volunteers, be clear that this avenue is not going to protect them.

That said, you can use a waiver to mark a time when the volunteer was appointed. If anything happens after that date, and they are actively logged in and authorized to be performing work on your behalf, their protection is through federal and local volunteer statutes active in your jurisdiction.

4. Inform Volunteers

Finally, waivers can also help you inform volunteers, ahead of time, on rules and guidelines. It can also document volunteer commitment to following those rules.

In the end, however, it is the proper training and supervision of volunteers that will ensure compliance, long after volunteers have signed the waiver (and have forgotten what was included in it).

And, as noted above, you can use a waiver to inform volunteers on how a dispute might be settled if they experience wrongdoing and want to arrive at a solution.

 

Another Caveat on Waivers

Also, waivers do not ensure, nor guarantee the productivity and performance of volunteers. That is not what the contract is for. Nor does it expressly protect their safety and wellbeing. Your waiver may give volunteers some comfort and confidence. It’s an opportunity to clearly state -here’s our protocol.”

But, be clear that wavers do not do the job, the heavy lifting, of protecting them.

Wishful people in organizations will want these waivers because they think somehow the waiver offers a blanket of security for everyone.

But waivers are not as powerful, and they might not even be a work in a court of law. The bottom line? It’s important to

  1. know what you are trying to have with a contract of this kind and
  2. talk to your attorney about whether this tool makes sense.

 

Psychological Contracts

The other limitation of a waiver is that it doesn’t address other kinds of agreement and understandings, like the “psychological” contract.

The waiver is a paper contract or electronic contract between people, but there’s also, another kind of contract at play in these relationships – a psychological contract between volunteers and organizations.

A psychological contract represents often unspoken agreement between people and organizations, in other words what people think the other side promised to them when they began to collaborate.

 

They can be either implicit and explicit — implicit when we believe someone has promised something to us, but it was not promised verbally or in writing and explicit when we have received concrete communication.

These perceptions are formed from both sides, the volunteer expects things from the organization, and rhe organization expects things from the volunteer.

The biggest problem is that psychological contracts are often unspoken and unclear. Often organizations will be explicit about volunteer requirements – “We need you to do this much training. We need you to track your hours. We need you to just submit to a background, check, etc. But those are not where the real psychological contract issues arise. The real psychological contract issues are deeper than that. They’re about the feelings and emotions.

Volunteers might expect of organizations:fair treatment, meaningful work, responsibility, challenges, healthy environment, resources to do the job skill development opportunities. They might also, they might also expect that you give them the benefit of the doubt.

When you ask someone to sign a waiver, Volunteers may perceive that your organization is not giving them the benefit of the doubt.

You’re saying, for all intents and purposes, we think some of you might engage in a lawsuit against us. Therefore, we want you to ensure and promise that you will hold us harmless.

Organizations also have implicit promises that they’re at asking forfrom a volunteer: They want reliability, enthusiasm, commitment, relations, empathy, common sense, local knowledge, general, and specific experience. They also might want volunteers to follow guidelines and safety rules. Again, a waiver does not necessarily ensure that people follow all of the rules and it maynot the best way to go about encouraging compliance. Above all else, psychological contracts are based on the idea of mutual reciprocity. And when one side thinks the other side hasn’t followed through on a promise, even when they never talked about it, it causes a breach.

Anyone who’s ever been in a conflict with a partner where you believe they “should, have known” your needs (e.g. read your mind) knows what a psychological contract breach feels like. In contrast, a volunteer waiver does not create a relationship of mutual expectations and commitments. That said, it can be used surface some of the unspoken promised that comprise psychological contracts. That is, if you put them in writing.

 

Waivers vs. Volunteer Agreements

A volunteer waiver is also different than a volunteer agreement.

Volunteer agreement can share the organization’s expectations, values, and principles for our volunteers.. They may also include agreements to safety guidelines as well as be used to make implicit promises explicit .

They may specify volunteer grievance procedures. But they are not a waiver because if you’re not asking people to hold you harmless from liability, then that’s not a waiver. So, organizations have options.

 

What a Hold Harmless Waiver May Communicate

Hold harmless waivers may communicate implicit messages to volunteers that create a negative experience., It depends on the nature of service and how intense and risky it is.

We now know from public health data how pervasive the Coronavirus is in certain areas, how many people have died, whether the transmission rates are going up or down, how many new transmissions, and new people with COVID in an area. . But we don’t know it all. Because we don’t have wide-scale testing, we can’t predict the level of risk..

So, when you ask volunteers to serve in person, in some respects you are asking them to put their life and health on the line. And, because we know the virus has long-term consequences, you’re asking them to roll the dice on their future health, too..

Consider the requirements for a volunteer waiver might be perceived in this context.

Your agency is telling volunteers – if you do put your health on the line, we want you to know that you can’t hold us liable. You can’t, hold us responsible for anything you do to help us move this mission forward. And at the same time, we understand that you have put yourself on the line. But that’s just one message.

In some cases, volunteers become angry if they are not allowed to make their own decisions”: about their service.

The bottom line is the need for your agency to think through the optics of volunteer waivers and the messages they send to volunteers in your context. And you must decide for yourselfif this matters or not At the end of the day, the ultimate responsibility for the safety of everyone involved in supporting an organization iss the organization.

And it’s up to the organization to decide which methods can best achieve that goal.

Will volunteer waivers be part of the picture? Maybe so.

But they should not be your only solution.

What Do You Think?

Do you volunteer waivers at your organization? Do you find them valuable? How do they help you manage? Post in the comments below.

 

Volunteer Performance

Let’s look a little deeper into this. I want to talk a little bit about performance too. I talked about performance earlier and that a waiver doesn’t ensure productivity performance. So, there’s, there was a, there’s a group Gilbert, a guy named Gilbert who did a productivity model. It’s a long time ago. He did it, but there’s been writing about it since and people have asked. And if the Gilbert’s model of productivity really looks at what are the key drivers of productivity and people, regardless of the environment, whether it’s paid or unpaid. And if you think about it, what do you think is the greatest barrier to better performance in your world with volunteers? Is it information, is it lack of resources? Is it incentives and consequences? Is it knowledge and skills? Is it capacity or is it motivation?

 

What is the greatest barrier to better performance?

And I’m going to show you what the results showed from the Gilbert survey information was 35% resources or lack thereof was 26% incentives and consequences was 14% knowledge and skills, 11% capacity eight and motivation six.

So, you can see how on the one hand, what has the greatest impact on performance? Our performance in the work world is our environment versus our individual innate abilities. And so, there’s a lot we can do to support performance beyond just having people sign a document or some type of waiver. Even if that waiver reminds them or volunteer an agreement, reminds our volunteers of maybe reminds people of resources available. Maybe it reminds people of guidelines, et cetera. So, I see our numbers have come in five one, two five, four, two, three one. So, I can see most, most folks chose most of the ones on the left-hand side, the information, resources and incentives.

When we’re designing for productivity, if we think that a waiver in is some way in going to ensure that our volunteers are more productive or that they follow through more, et cetera, that’s not what it is. That’s not what supports productivity in the workplace.

What supports productivity is information, resources and incentives and consequences. So, we want to look at environment.

[grpahic] So, my question always is why trying to fix the individual when you can fix the environment and a waiver in, in some ways having folks sign a form is in some ways trying to fix the individual, we’re asking the individual to have a certain perspective.

We’re also asking an individual to give up some of their power. Anytime you ask people to sign a contract, unless that contract is written in a way that is super mutually exclusive, one side has more power over the other.

In today’s issues around racial inequity, power and power inequities are something that we really need to think about. If we are really, truly going to create a diverse, inclusive, and equitable environment in our organizations, we’ve got to really seriously examine our power differentials.

So, and that’s hard when you’re also balancing those power differentials with risk management, you know, because in the end you are responsible for everybody. You touch as an organization in some way, you’re the ultimate authority. So, you’re the ultimate responsibility. So, it, I’m not saying there’s a right or wrong answer here, but I want you to think about this in these times. What does this say about the power relationship and the power dynamic?

And maybe even if you decide to go forward with a waiver, you think carefully about the wording of that waiver, or if you decide to not use a waiver, but instead a volunteer agreement.

 

Management Support and Interventions

 

When it comes to volunteer productivity, you may think it’s about training. But actually, no, it’s about all kinds of things.

Management support and interventions that you can choose from training is part of it, but it could be a redesign. It could be resources: it could be management support. It could be

technical support. It could be incentives. It could be elimination of tasks, all kinds of different things. You could use to start to create an environment where volunteers can be more productive and the teams can work better together.

If you’re interested in more of this and you’re a VolunteerPro Premium Community Member, there is a recorded masterclass that I did earlier this year called “From Training to Service.” And it’s about how to transition smoothly and effectively from training to active service because vault,

We often lose a lot of volunteers after our training. And so, I talk a lot about how to, how we can transition to performance, do better performance by using some of these tools and support. So, if you’re a volunteer pro member, go in the community and check that out, if you haven’t, if you haven’t participated in that particular masterclass.

 

Job Aids

If you’re thinking about other ways to support your volunteers, if you’re thinking what job aids are is another way to support your volunteers, tons of different things you can do. And in fact, some of these might be included in addition to your waiver or in addition to your volunteer agreement. And you may have folks attest if you’ve decided you want to do a waiver.

 

I also want folks to attest and confirm that they’re going to follow our guidelines. Then perhaps you create a back to work checklist for your volunteers, for example, or flowchart or steps. If you think you’ve, you know, come into contact with the virus, whatever, and you include that as an addition to your waiver and in the waiver.

 

Combine Tactics for Best Results

You can combine some of the tactics outlined in this article to get a better overall result and to reach all of your needs. You have to make all these decisions and there’s an art to it.

But you also need to gather information from every source you can. I know for some of you the pressures on your leadership’s, to get our volunteers back to work right away. There’s more to it!

So, we’ve just started to do a little tip or dipped our toe in it. So, as we think about that whole onboarding journey of a volunteer, remember to ask yourself, “How can we make every single step equitable and welcoming to people from all walks of life?”

 

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