Terms for Team Associate
TERMS
These Terms apply to Team Associate’s service with IMB as a volunteer IMB missionary. The Agreement between IMB and Team Associate consists of the Team Associate Agreement, Schedule A to that Agreement, and these Terms. Capitalized terms not otherwise defined in these Terms shall have the meaning given to them in the Team Associate Agreement.
1. Security Conditions and Guidelines.
Team Associate agrees:
- To be familiar with US State Department Guidelines concerning travel to and living within any country that Team Associate travels to or works in during the Assignment Period. The Team Associate should also register with the Embassy’s Consular Section in any country the Team Associate is traveling to or working in.
- To abide by the security guidelines set in place by IMB, follow the contingency plan of the IMB team to which the Team Associate is assigned, and follow the instructions of the IMB’s Crisis Action Team in the event of a crisis.
- To not take an outside job (or engage in other activity) that would hinder the gospel, negatively impact the work of IMB, or cause a security risk for IMB personnel.
- To refrain from referring to IMB by name in any publication, in a public forum, or to the media without the explicit written consent of the Team Associate’s IMB supervisor.
- To be sensitive to communication security concerns while using all phones, internet, websites, Facebook, etc.
- To ensure that all supporters, family and friends do not send compromising correspondence.
- To ensure that the Team Associate’s passport and other documents will not include any information that may compromise IMB or its employees.
- To be committed to facilitating inter-team communication by obtaining, loading and using team-specified or approved secure software and using appropriate password settings, including hard drive encryption.
- To understand that it is the Team Associate’s responsibility to notify the Team Associate’s IMB supervisor of the Team Associate’s location when not sleeping in the Team Associate’s home, including the method of contact in case of an emergency.
- To avoid all contact with the media under any circumstances on behalf of IMB and to refer all media requests to the IMB’s Media Spokesperson.
TEAM ASSOCIATE FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT IF THE TEAM ASSOCIATE OR A FAMILY MEMBER OF THE TEAM ASSOCIATE IS KIDNAPPED, IMB WILL NOT PAY A RANSOM FEE.
2. Child Protection Policy.
- Team Associate agrees to comply with IMB’s child protection policy at all times during the Ministry Assignment.
- Team Associate consents to IMB conducting background screening on Team Associate that includes a criminal background check, three references and an interview, and Team Associate agrees to provide all information necessary to conduct this background screening. Team Associate also agrees to participate in IMB’s child protection training. This screening and training must be completed prior to Team Associate beginning the Ministry Assignment, or earlier if required by IMB.
3. Volunteer Status.
Team Associate acknowledges and agrees that Team Associate is not an employee of IMB, and is therefore not entitled to pay or benefits, nor generally empowered to act as an agent of IMB that could obligate IMB to third parties. Team Associate acknowledges and agrees that any services Team Associate provides under the Team Associate Agreement (the “Agreement”) and in fulfilment of the Ministry Assignment are as a volunteer.
4. Team Associate’s Salary, Benefits, and Expenses.
- IMB shall not be responsible for the Team Associate’s salary, support, or payment of any expenses incurred by the Team Associate unless specified in this Agreement. Team Associate represents and warrants to IMB that Team Associate’s salary, support, and benefits is being provided either by Team Associate or by an employer and/or other supporters who are not a party to this Agreement. Team Associate will advise IMB if Team Associate ceases to receive such salary and benefits from this employer and/or other supporters.
- Team Associate acknowledges that Team Associate is solely responsible for selecting and enrolling in an insurance plan or plans that includes international coverage for the medical needs of Team Associate (and, if applicable, Team Associate’s family). What level of insurance meets Team Associate’s particular needs is a decision within the sole discretion of Team Associate based on Team Associate’s own assessment of Team Associate’s particular needs and risk tolerance. Team Associate agrees that Team Associate has obtained insurance that includes international coverage for the medical needs of Team Associate (and, if applicable, Team Associate’s family) and that Team Associate will not seek to hold IMB liable for any costs not covered by any insurance plan that Team Associate has selected, or selects in the future, while serving under this Agreement. Team Associate further acknowledges that IMB has provided Team Associate with information for an insurance broker that offers medical plans with international coverage. Team Associate may obtain dental coverage in Team Associate’s discretion from a provider of his or her own choosing.
- If IMB pays any expenses incurred by the Team Associate that are not specified under the Agreement, the Team Associate agrees to promptly reimburse IMB upon request for those expenses.
5. Accountability.
IMB agrees to provide supervision to Team Associate for the Ministry Assignment throughout the duration of the Assignment Period. Team Associate agrees to abide by and be directly accountable to IMB’s lines of authority with respect to the Ministry Assignment throughout the duration of the Assignment Period, including, without limitation, during any crisis situation affecting the Ministry Assignment.
6. Team Associate Responsibilities.
Team Associate agrees to be responsible for the following:
- To abide by the rules and laws of any country in which the Team Associate is serving. This obligation includes paying all taxes owed.
- To abide by any IMB policies and standard operating procedures affecting the Team Associate’s service that are in effect during the Assignment Period.
- To affirm the Baptist Faith and Message of 2000, carry out all ministry under this Agreement in a way that is consistent with and not contrary to the Baptist Faith and Message of 2000, and to promote IMB’s vision, values, and core beliefs.
- To provide any ministry reports and strategy reports requested by IMB supervisors.
- To provide any financial reports required by IMB to account for any funds provided to the Team Associate by IMB to fulfil the Ministry Assignment.
- To join and maintain active membership with a local church in the country of Ministry Assignment. This church’s statement of faith should not be inconsistent with the Baptist Faith and Message of 2000.
- To abide by the conditions and policies IMB places on any IMB supplied information technology resources (e.g., secure email account) provided to the Team Associate.
- To cover the costs of any debts incurred by the Team Associate.
- To be responsible for obtaining the required documentation for all IMB projects in which the Team Associate is involved.
- To cover the cost of repatriation in case of emergency or loss of visa.
- To ensure that furlough, vacation, and return visits to the Team Associate’s home country come at appropriate times and does not adversely impact the Team Associate’s Ministry Assignment or the work of IMB.
- To immediately return any IMB property upon IMB’s request or upon the termination of this Agreement for any reason.
7. Team Associate’s Acceptance of Risks.
Team Associate acknowledges that IMB has advised the Team Associate of the risks involved in this assignment. Team Associate further acknowledges that he is aware of the inherent risks to Team Associate and his family of sharing the gospel of Jesus Christ and has fully counted the cost of undertaking this assignment. In addition, the Team Associate has had the opportunity to undertake independent investigation of the risks in the region in which the Team Associate will be serving, including an opportunity to review any information provided by the US State Department and the Center for Disease Control. The Team Associate has had the opportunity to consult his or her own personal legal counsel prior to agreeing to this Agreement. Being fully aware of the risks he or she is undertaking, the Team Associate hereby waives on behalf of the Team Associate, the Team Associate’s family, and the Team Associate’s estate, to the full extent permitted by law, any claims against IMB or its employees arising out of this voluntary service. The Team Associate elects to voluntarily assume all risks that are inherent to this assignment. The terms of this paragraph shall survive the termination of Team Associate’s service with IMB.
8. Indemnification.
- IMB shall indemnify, at its expense, and defend the Team Associate against any claim and pay all costs, damages and attorneys’ fees that a court awards arising out of (i) violations of law by IMB in connection with this Agreement; and (ii) negligent act(s) or willful omission(s) by IMB in connection with this Agreement; provided that IMB is given reasonable written notice of the claim, an opportunity to control the defense and settlement of the claims, and reasonable cooperation in the defense or settlement negotiations of such claims.
- The Team Associate shall indemnify, at his or her expense, and defend IMB and its affiliates and their respective employees, directors, officers, principals (partners, shareholders or holders of an ownership interest as the case may be), agents and representatives against any claim and pay all costs, damages and attorneys’ fees that a court awards arising out of (i) violations of law by the Team Associate in connection with this Agreement; and (ii) negligent act(s) or willful omission(s) by the Team Associate in connection with this Agreement; provided that the Team Associate is given reasonable written notice of the claim, an opportunity to control the defense and settlement of the claims, and reasonable cooperation in the defense or settlement negotiations of such claims.
- The terms of this Paragraph shall survive the termination of Team Associate’s service with IMB.
9. Warranties and Disclaimers.
IMB provides all services that are available to Team Associate under the agreement “as is” and without any warranty of any kind, express or implied. IMB expressly disclaims all other warranties, including without limitation, implied warranties of merchantability, and fitness for a particular purpose, accuracy, reliability, or results. Team Associate also understands and acknowledges that IMB’s ability to provide any particular service to those serving in good standing as a Team Associate IMB missionary is subject to local availability.
10. Termination.
- This Agreement may be terminated at any time by any Party by giving written notice to all Parties; however, any confidentiality obligations and financial obligations owed by either Party to the other Party under this Agreement shall survive the termination of the Agreement unless agreed to in writing by the Party to whom the obligation is owed.
- If IMB terminates the Agreement, any visa or sponsorship that IMB has provided to the Team Associate in order to live or work in a particular country automatically expires, unless agreed to in writing by IMB.
11. Confidentiality.
The obligations set forth in this Paragraph shall survive this Agreement indefinitely. The Team Associate acknowledges that during the duration of this Agreement, the Team Associate may learn or receive confidential information from or about IMB. The Team Associate agrees that all such information relating to IMB’s affairs shall be kept confidential by the Team Associate. In the event of a breach of confidentiality, IMB shall have the authority to take disciplinary action, up to and including termination of this Agreement, and to require the Team Associate to remedy any such breach of confidentiality.
12. Governing Law and Dispute Resolution.
This Agreement: (a) shall be governed by, construed and enforced according to the laws of the Commonwealth of Virginia, without giving effect to Virginia’s conflict of laws provisions.; (b) may not be amended except by writing executed by all Parties; and (c) regarding the subject matter it contains, represents the entire agreement among the Parties and supersedes any oral or written agreement, understanding, representation, discussion or other documentation to the contrary. The exclusive mechanism for resolution of any disputes concerning any aspect of its execution, implementation, interpretation or termination shall be a Biblical process that involves good faith negotiations, and if necessary, Christian conciliation (which may include mediation or arbitration or both) under the rules of the Institute for Christian Conciliation (see http://www.iccpeace.com/guidelines) conducted in Virginia. Each Party irrevocably waives any right to seek relief of any kind, legal or equitable, in the courts or administrative agencies of any government body, anywhere in the world, except that a Party may seek enforcement of an arbitration decision rendered by the Christian conciliator through the courts of Virginia or any other state where the Parties are doing business or have assets. The terms of this Paragraph shall survive the termination of this Agreement.
13. Other Provisions.
The Parties understand and agree that that the provisions of this Agreement are severable, and, should any provision be found unenforceable, the other provisions shall remain fully valid and enforceable.
The Agreement may be executed in counterparts, and all executed counterparts together shall constitute one agreement. Signatures may be delivered by facsimile or electronic transmission, and each party to this Agreement may rely upon a facsimile or electronically-delivered signature as if it were an original.
For purposes of the Agreement, whenever the context requires:
- the singular number shall include the plural, and vice versa;
- the masculine gender shall include the feminine and neuter genders, the feminine gender shall include the masculine and neuter genders, the neuter gender shall include the masculine and feminine genders; and
- the words include and including, and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words without limitation.