A substantially similar rule of construction, contained in a declaration of legislative intent and effective July 1, 1990, a date also subsequent to the date of Apostolou's injuries, was first adopted in ch. 62, sec. 1, section 8-40-102, 1990 Colo. Sess. Laws 468, 468-469. In Hall v. State Compensation Ins. Fund, 154 Colo. 47, 387 P.2d 899 (1963), a hospital provided free lunches to a person working with a volunteer service unit at the hospital. In holding that the person was not working under a contract of hire, we noted: "She was not under contract — at no time did she expressly or by implication obligate herself to the hospital, nor did the hospital at any time obligate itself to her."
Thus, if the services are volunteered without any expectation of compensation in return, the fact that the alleged employer may provide some benefit on a gratuitous basis will not convert a volunteer into an employee. See Hall v. State Compensation Insurance Fund, 154 Colo. 47, 387 P.2d 899 (1963) (member of organization donating services to hospital is not an employee simply because she received free lunch at hospital). We cannot say, therefore, that, simply because a passenger tramway operator provides a ski patrol member with a free skiing pass, that fact alone, without consideration of the particular circumstances involved, removes the ski patrol member from the category of a "volunteer" under § 8-40-301(4).
Moreover, to establish the relationship of employer-employee in the workmen's compensation context, there must exist a mutuality of obligations and agreement; there must be present both a duty of employee to perform services subject to an employer's right to control the details of performance, and the worker's right to receive compensation. See Harmon v. Atlantic Richfield Company, 95 N.M. 501, 623 P.2d 1015 (Ct.App. 1981); Mendoza v. Gallup Southwestern Coal Go., supra; Hall v. State Fund, 154 Colo. 47, 387 P.2d 899 (1963); Novenson v. Spokane Culvert Fab. Co., 91 Wn.2d 550, 558 P.2d 1174 (1979). Under the Workmen's Compensation Act in force in New Mexico, in order to be considered a "workman" or "employee" subject to coverage thereunder, there must exist both a right of the employer to control the details of the work of the employee, and a contract express or implied of employment for hire.