CATCH GO Dough Fundraising Terms and Conditions

By clicking “I Agree to CATCH GO Dough Terms and Conditions”, you are entering on behalf of your school (“School”) into this CATCH GO DOUGH FUNDRAISING AGREEMENT (“Agreement”) by and between School and CATCH Global Foundation, a 501(c)(3) public charity with an address of 8000 Centre Park Drive Suite 350, Austin TX 78754 (hereinafter “CATCH”).

WHEREAS, CATCH and School desire to collaborate in raising money to be used to support wellness programs at School (the “Purpose”);

NOW, THEREFORE, in consideration of the covenants and mutual agreements set forth below and other good and valuable consideration, the sufficiency and receipt of which are hereby mutually acknowledged, the parties hereto agree as follows:

  1. 1. FUNDRAISING PAGE.
    1. A. CATCH will create a webpage for School on the internet platform FundRazr where donations can be made by the public to support the Purpose (“CATCH Fundraising Page”). All donations will be subject to the FundRazr Terms and Conditions in addition to the terms in this Agreement.
    2. B. Donations made on the CATCH Fundraising Page or that the School deposits by cash into CATCH’s designated account will be made to CATCH, but will be earmarked for the Purpose. Donors may be able to claim a tax deduction for charitable donations made to CATCH on the CATCH Fundraising Page.
    3. C. Obligations of the School.
      1. i. The School will secure any necessary permissions to enter into this Agreement from their governing district (“District”) or other applicable authorities;
      2. ii. The School will identify an individual to hold and manage the CATCH Card that will be issued to School and the funds made available through such card as defined below (the “Cardholder”). The Cardholder must accept the CATCH Cardholder Agreement at http://www.catchinfo.org/cardsignup before that school’s CATCH Fundraising Page will accept donations.
      3. iii. The School and/or Cardholder will use reasonable efforts to promote the CATCH Fundraising Page.
    4. D. Obligations of CATCH.
      1. i. CATCH will be responsible for creation and maintenance of the CATCH Fundraising Page, collecting donations, placing funds raised on the CATCH Card subject to Section 2 below, and providing receipts to online donors for tax deduction purposes.
      2. ii. CATCH may provide the School, and/or Cardholder with collateral and marketing information to direct donors to the CATCH Fundraising Page.

 

  1. 2. DONATION DISTRIBUTION.
    1. A. School acknowledges that funds raised will be subject to a twenty-five percent (25%) processing fee which shall be retained by CATCH, plus any rebates, interest, or other incentives earned on the money while it is in the possession of CATCH. This processing fee shall include all of CATCH’s expenses related to the FundRazr and card platforms.
    2. B. After the deduction of processing fee in Section 2(a) above, CATCH will on a bi-weekly basis release funds raised on the CATCH Fundraising Page or deposited by School and earmarked for the Purpose (the “Funds”) on a preloaded debit card provided to School by CATCH (the “CATCH Card”). The Funds on the card will not expire and School may at any time request the CATCH Card account be closed and the remaining Funds balance by disbursed by check to School.
    3. C. School will communicate clearly to the Cardholder that it is his/her responsibility to secure the card and timely report any loss, and that Funds are intended to be used to support wellness activities at School, and for no other purpose.
    4. D. School will communicate by email to godough@catch.org if the Cardholder changes for any reason, in which case the new Cardholder must sign the CATCH Cardholder Agreement to continue to use the CATCH Card.
    5. E. CATCH may from time to time install spending controls on the CATCH Card in its sole discretion, including ATM and certain merchant category blocks, transaction limits, and receipt upload features, but has no liability for their improper functioning or for the use of funds for other than intended purposes. CATCH may convey changes in spending controls to the School and/or Cardholder, but has no obligation to do so.
    6. F. CATCH or its partners may make additional funds available on the CATCH Card beyond what is raised on the CATCH Fundraising Page, but have no obligation to do so.
    7. G. CATCH or its partners may offer product and service discounts conditioned on payment using card funds through direct balance debit (i.e., not processed through the credit card network), but have no obligation to do so.
    8. H. Any items purchased using Funds shall become property of School and treated as an in-kind donation.
    9. I. During and after the term of this Agreement, CATCH is permitted to use the District, School, and Cardholder’s names and contact information in reporting to partners and/or in an informational manner to accurately refer to any funds actually paid to the District and/or School under this Agreement.

 

  1. 3. TRADEMARK LICENSE GRANT.
    1. A. School, and if applicable District, hereby grants to CATCH a limited, fully paid-up, royalty free, non-exclusive license to use, display and reproduce the name and/or logo of the District and School in connection with charitable fundraising for the Purpose, during the Term pursuant to the terms herein. The license granted hereunder shall expire upon the termination or expiration of this Agreement.
    2. B. The School hereby acknowledges and will in any use of the CATCH trademark to promote a CATCH Fundraising page clearly label that: CATCH® is a registered trademark of The Regents of the University of California.

 

  1. 4. TERM AND TERMINATION.
    1. A. Term. The term of this Agreement (the “Term”) shall be for one (1) year and will automatically renew for subsequent one (1) year terms unless terminated as provided below.
    2. B. Termination. This Agreement shall terminate:
      1. i. upon either party providing thirty (30) days written notice to the other party;
      2. ii. upon a breach by the other party of any of the terms or conditions of this Agreement which is not corrected within five (5) business days after receipt of written notification thereof;
      3. iii. immediately if the Cardholder, School or District violates any federal, state, or local laws.
    3. C. If in CATCH’s sole discretion, a Cardholder uses Funds for a purpose that is not related to supporting health and wellness programs at their school, CATCH may take down the CATCH Fundraising Page created for School and either revoke any remaining Funds on School’s CATCH Card or disburse any remaining Funds balance by check to the District or School within thirty (30) days. Upon termination of this Agreement for any reason, CATCH will take down the CATCH Fundraising Pages for School and either revoke any remaining Funds on School’s CATCH Card or disburse those remaining Funds by check to the District or School within thirty (30) days.
  1. 5. LIMITATION OF LIABILITY. CATCH SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE CATCH FUNDRAISING PAGE, CHARITABLE FUNDRAISING FOR THE PURPOSE, OR FROM THE DISTRICT, SCHOOL, AND/OR CARDHOLDER’S USE OF THE FUNDS.

 

  1. 6. INDEMNIFICATION.  To the extent permitted by state law, each of the parties (the “indemnifying party”) agrees to indemnify and hold harmless the other party (the “indemnified party”) and its respective directors, officers, agents and employees from all third party claims, actions, suits, proceedings, investigations, arbitrations, assessments, losses, damages, liabilities, settlements, penalties, costs and expenses, including reasonable attorneys’ fees, incurred by the indemnified party (collectively, “Losses”) resulting from any breach by the indemnifying party of the terms of this Agreement.

 

  1. 7. MISCELLANEOUS.
    1. A. Notices: All notices, requests, demands and other communications relating to this Agreement shall be in writing and are deemed to have been duly given if personally delivered, mailed by first-class, registered or certified mail to the receiving Party’s official address, or emailed to the School at the email address provided or to CATCH at godough@catch.org
    2. B. Authority: Each of the parties represents and warrants to the other party that it has all requisite authority to execute and deliver this Agreement and perform all of the obligations of such party hereunder.
    3. C. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
    4. D. Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by the party making the waiver.
    5. E. Relationship of the Parties. This Agreement shall not be deemed to create any joint venture, partnership, or agency relationship between the parties.  It is understood that each party to this Agreement shall be independent of the other and that neither party shall have the right or authority to bind the other party.  Nothing contained in this Agreement shall be construed to be for the benefit of or enforceable by any third party, including but not limited to, any creditor or either party.
    6. F. Severability. If any portion of this Agreement is held to be invalid, void or unenforceable, such part shall be treated as severable, and the remainder of this Agreement shall be given full force and effect.
    7. G. Force Majeure. Neither party shall be liable to the other for failing to perform any of the services required herein as a result of a strike, fire, shortage of materials, legal act of a public authority, unavoidable casualty, civil disorder, riot, insurrection, war, terrorist act or other extraordinary cause beyond the reasonable control of a party and for so long as such event continues and for a reasonable period of time thereafter.
    8. H. Survival: Sections 5, 6, and 7 of this Agreement shall survive the cancellation, expiration, or termination of this Agreement to the extent necessary for the benefit and enforcement thereof.
    9. I. Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all prior understandings, agreements, representations and undertakings.  This Agreement is not subject to amendment, change or modification except by written agreement signed by both parties.  This Agreement shall not confer any rights or remedies upon any person other than the parties to this Agreement.  This agreement may be executed in counterparts, including by facsimile or .PDF or other electronic means.