This agreement is entered into between Team PRIDE, Inc. (“Team PRIDE”) and {schoolOwner} dba {businessName} (“Partner School”) on {dateString}, upon the following terms:
1. Purpose of Agreement: Team PRIDE is a nonprofit corporation dedicated to helping low-income children develop the values and confidence needed to avoid criminal behavior and to succeed in school and beyond. Team PRIDE will enable these children to participate in martial arts programs that teach leadership skills and life skills to help them develop PRIDE (perseverance, respect, integrity, discipline, excellence) in themselves and in their lives. Partner School offers a martial arts program and wishes to provide its services to these children.
2. Referrals: Partner School will identify at-risk children who meet Team PRIDE’s eligibility criteria and will submit to Team PRIDE Referral Forms for those children. Team PRIDE will make the final determination of whether the referred children are eligible for Team PRIDE’s vouchers and services.
3. Fundraising: Partner School will raise funds for Team PRIDE through solicitations, break-a-thons or other fundraising events and activities. Partner School will forward to Team PRIDE all funds generated in support of Team PRIDE’s mission within 10 days of Partner School’s receipt of the funds.
4. Vouchers: Unless Partner School specifically permits otherwise, Team PRIDE will earmark 95% of the funds that Partner School raises to provide vouchers for the children referred in accordance with Paragraph 2 above. Team PRIDE will retain the remaining 5% of those funds for administrative expenses.
Based on the information provided by the parents or guardians of referred children, Team PRIDE will determine the maximum allowable student contribution. Partner School may require the children to pay tuition in an amount not to exceed that student contribution. Every two months, Team PRIDE will send Partner School a check covering the voucher amount for each eligible child for the coming two- month period. The voucher amount will be determined based on the following criteria:
a. The maximum monthly voucher amount is $140.
b. The maximum monthly student contribution is determined by Team PRIDE using the information provided by the parents or guardians of the referred child.
c. The maximum combined monthly compensation to Partner School (voucher plus student contribution) is 80% of Partner School’s total monthly tuition for the program in which the student is enrolled. Partner School will donate the remaining 20% as well as any downpayment, enrollment fee, and/or testing fees normally charged to non-Team PRIDE students.
d. The figures for vouchers, student contributions and combined monthly compensation are rounded to the nearest five dollars.
e. Once the Partner School has depleted the funds earmarked for its vouchers, Team PRIDE does not provide additional vouchers until Partner School raises sufficient additional funds and submits them to Team PRIDE.
Team PRIDE may at any time unilaterally modify these criteria in a manner that increases Partner School’s total compensation. Any modification that decreases Partner School’s total compensation will require the agreement of both parties.
5. Reporting: Partner School will notify Team PRIDE in writing within 7 days after a student receiving voucher support ceases to participate in Partner School’s martial arts program.
6. Term of Agreement and Termination: This agreement shall continue for a term of one year following execution. At the conclusion of that year, the agreement shall continue on a month-to month basis, with either party having the right to terminate the agreement upon 30 days’ written notice to the other party.
Any modifications to this agreement shall be executed by both parties except as otherwise provided above with respect to the voucher criteria. This agreement may be terminated by either party at any time during the initial term or any extended term or upon the occurrence of any of the following after notification by registered or certified mail:
a. Either party’s insolvency, bankruptcy, assignment for the benefit of creditors or non-discharged levy or attachment, or
b. Partner School’s failure to abide by the terms and conditions of this agreement.
If this agreement is terminated before all available funds have been distributed to Partner School in the form of vouchers or otherwise, Team PRIDE will retain any undistributed funds to support its nonprofit purposes.
7. Miscellaneous: This agreement is not assignable. It shall not give rise to an agency, partnership, joint venture, employment or other similar relationship between the parties. The phrase “Partner School” is not intended to suggest otherwise. Partner School shall indemnify and hold harmless Team PRIDE from any and all liability arising as a result of negligence, intentional or other acts of Partner School or its agents or employees.
8. Enforcement: This agreement contains the entire agreement between the parties. It shall be governed by the law of California and the parties stipulate to waiver of jury trial and to venue in the County of Alameda, California. In the event of litigation the prevailing party shall be entitled to recover attorneys’ fees in addition to court costs incurred.