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EdUGames Volunteer agreement



Copyright © 2005 by Pete Antoniak
1 Jun 05

1. The Parties

1.1. This is an opened ended agreement between EdUGames, a privately owned company with headquarters in San Bruno, California and __________________ , of _______________ ,hereafter to be called the Volunteer. This agreement will here after be referred as agreement number V-__________.

2. What is Covered

2.1. This agreement covers the supplying of the following electronic data or services as may be described in the EdUGames Dictionary of Terms:
2.1.1. Rounds
2.1.2. Paint Files
2.1.3. Sound Files
2.1.4. Video Files
2.1.5. Midi and HyperCard format Music Files
2.1.6 Text Files that support Rounds such as Answer Lists, and Common Text
2.1.7. Researching
2.1.8. Proof reading, Quality Control checking and testing
2.1.9. Managing electronic data libraries and databases
2.1.10. Reviewing, categorizing, archiving and forwarding electronic data
2.1.11. Providing expert advice
2.1.12. Creating RFP, RFB, Specification and Task Descriptions
2.1.13. Evaluating Bids and Proposals
2.1.14. Monitoring Researchers, Authors and Associates
2.1.15. Managing Programs, Projects, Contracts and Tasks Assignments

3. Inclusions

3.1. The following documents are included and made part of this agreement.

3.1.1. EdUGames Dictionary of Terms

4. Background

4.1. EdUGames is in the business of providing an educational computer games on the internet similar to Jeopardy and Trivia Pursuit. EdUGames is creating question material as well as entering into contracts with Researcher, Authors and staffers for question material which is referred to as content. Content can include, but is not limited to: Questions and Answers; Data Tables; Lists; Pictures; Maps; Drawings; Diagrams; Video Clips; Sound Bytes; Blocks of Text; and Music. The document EdUGames Standard Specifications describes each item of content in detail.

4.2 EdUGames is breaking new ground in the concept of a CyberOrganization to facilitate the traditional process of production, sales, marketing and distribution. The CyberOrganization includes positions of responsibility that can be occupied by Volunteers as well as Associates.

4.2. Volunteer is an individual interested in learning more about computers and education. Volunteer states that he/she is complying with all laws, school policies and applicable regulations in applying for an Volunteer position with EdUGames.

4.3 Volunteer is of legal age, or has the permission of his/her guardian who has also signed this agreement.

4.4 Volunteer understands the educational nature of this agreement and expects no financial compensation for any work or services rendered to EdUGames as a result of this agreement.

5. Transfer of Electronic Research Data

5.1. Volunteer agrees that the any intellectual content created as a result of this agreement constitutes a work for hire and that all intellectual property rights in said content shall vest in EdUGames at the time that it is created to the extent permitted by law. If laws prevent such vesting, Volunteer makes assignment of all such rights to EdUGames at the time of creation. If laws prevent such assignment, Volunteer grants a perpetual world wide non-revocable license to EdUGames to use said content. If laws prevent such licensing, Volunteer agrees never to sue EdUGames for the use of said content.

5.2. Volunteer certifies by his/her submission that any electronic data he/she submits is his/her work and that to the best of the Volunteer's knowledge, the electronic data is not claimed by another.

5.3. Volunteer understands the nature of the EdUGames® program and how data is often altered, modified and distorted in the creation of a challenging intellectual game play situation. Where permissible by law, Volunteer waves all of his/her rights, including moral rights, to prevent alteration, mutilation or distortion of said data.

5.4. Volunteer understands that some of the Game processes challenge the user to recognize an image that starts out unclear and becomes progressively more clear as game play continues. This process may include, but is not limited to: covering the image with panels; covering the image with lines; making the image blurry; morphing the image; scrambling the image into puzzle parts; and any other means available, now, or in the future that EdUGames may be able to use in creating a challenging discovery type situation. Volunteer expressly authorizes such usage of content.

5.5. Volunteer makes this agreement without reservation for him/herself and his/her estate for now and for all times in all places.

5.6. If Volunteer is under legal age, his/her guardian makes this agreement for him/her.

6. Quality of Content and Training

7. EdUGames will provide sufficient tools, training and direction to Volunteer as necessary to accomplish mutual goals. Volunteer agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities.

8. Restrictions

8.1. Volunteer places no restrictions on the use of submitted material.

9. Volunteer Negotiating Procedure

9.1. Volunteer will contact EdUGames requesting to be an Volunteer and completing such forms as EdUGames requires. Volunteer may be motivated by the opportunity to learn or to be part of an exciting, interesting or entertaining venture. Volunteer is responsible to convey to EdUGames specifically what he/she wants to achieve as a result of the Volunteer process.

9.2 EdUGames will suggest Assignments that may help Volunteer accomplish said goals. These Assignments will become an important basics for the Volunteer agreement and Volunteer is encouraged to negotiate with EdUGames over them.

9.3. Volunteer formally agrees to the Assignment List.

9.4. EdUGames provides the necessary and agreed upon support to complete said assignments and Volunteer completes said assignments to the best of his or her ability within the time limits specified until the terms of the agreement are completed. If Volunteer fails to live up to the terms of said agreement, EdUGames may cancel the agreement and bar the Volunteer from any further assignments with EdUGames.

9.5 EdUGames agrees to provide an evaluation of Volunteer's work on completion of said agreements if so requested by said volunteer.

10. Dispute Resolution

10.1. The parties to this contract hereby agree to have any dispute, controversy or claim arising out of or relating to this contract in any manner, form or method, submitted to binding arbitration with a neutral Internet Arbitration Firm such as www.squaretrade.com, www.arbitration-forum.com or other similar firm as chosen by EdUGames.  In so agreeing, the parties expressly waive any right they may have to a bench or jury trial.  They further agree to abide by said firm's Rules of Arbitration and that the award of the arbitrator will be final and binding upon them as if rendered by a court of law, and enforceable by any court having jurisdiction over the same.  

In the event that the above arbitration requirements are, for whatever reason unenforceable, parties agree to resolve legal disputes in the Courts of the State of California.

__________________________ ________________________ ________________
------EdUGames, Date ------------Volunteer, Date ----------------Legal Guardian, Date