1. Purpose and eligibility
The Agency represents that it is organized and operated for charitable, educational, or similar exempt purposes and is in good standing under applicable law and any tax-exempt status it claims.
The Agency will use toys received from Joey's Toy Drive (JTD) only in connection with its charitable programs serving children and families in its community and in a manner consistent with its mission.
Toys provided under this Agreement are in-kind donations. JTD does not guarantee any specific quantity of toys or any ongoing or future distributions.
2. Ownership and use of toys
Toys are donated to the Agency at no charge for direct distribution to children and families served by the Agency.
The Agency will not: sell or resell toys; trade or barter toys or use toys as payment, compensation, or incentives; use toys in raffles, auctions, or any other fundraising activities; or allow toys to re-enter commercial channels in any way.
Toys must always be given to recipients free of charge. The Agency will not require any fee, purchase, or donation as a condition of receiving toys.
The Agency will not require participation in religious services, religious programs, political activity, or membership in any group as a condition of receiving toys.
3. Redistribution and surplus toys
The expectation is that the Agency distributes toys directly to children and families it serves.
The Agency will not transfer toys to any other organization, program, or individual for further distribution, except: direct distribution to children and families as part of the Agency's own programs, or transfer to another nonprofit or community organization with prior written approval from JTD, which may be given by email.
If the Agency anticipates having surplus toys or is unable to distribute toys as planned, the Agency will notify JTD as soon as reasonably possible so that JTD can either arrange to pick up remaining toys or approve a transfer to another partner.
4. Safety and appropriate use
The Agency is responsible for: matching toys to appropriate age ranges; excluding toys that are visibly damaged, unsafe, or inappropriate for children; and complying with all applicable safety, privacy, and child-protection laws when running its programs.
If the Agency becomes aware that a toy may be unsafe or recalled, it will immediately stop distributing that item and follow any instructions from JTD or applicable authorities.
5. Recordkeeping and reporting
The Agency will maintain reasonable internal records related to toy distributions, including the approximate number of children and families served with toys, and the dates and locations of toy distribution.
Upon reasonable request, the Agency will share simple summary information with JTD, such as the number of children served by age group or the total number of toys distributed, so JTD can measure and report its impact.
The Agency agrees to retain basic toy-related distribution records for a reasonable period and to make them available to JTD upon reasonable notice if needed for audit or compliance purposes.
6. Branding, publicity, and photos
The Agency may acknowledge JTD as a toy donor in its materials in a truthful and respectful manner, for example by stating that toys were provided by Joey's Toy Drive.
Use of JTD's name, logo, or branding in marketing, press, or social media must be respectful and should not suggest that the Agency is part of or controlled by JTD.
If the Agency shares photos, stories, or testimonials with JTD, the Agency represents that it has obtained any required permissions and consents and grants JTD permission to use that content in JTD's communications and fundraising, subject to any written restrictions provided by the Agency.
7. No warranties; release and indemnity
Toys are provided by JTD as-is, without any warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose.
To the fullest extent allowed by law, the Agency releases JTD and its officers, directors, volunteers, employees, agents, donors, and partners from any claims or damages arising out of or related to the receipt, storage, handling, or distribution of toys by the Agency.
To the fullest extent allowed by law, the Agency agrees to indemnify and hold harmless JTD and its officers, directors, volunteers, employees, agents, donors, and partners from any claims or liabilities arising from the acts or omissions of the Agency and its staff, volunteers, and representatives in connection with toys provided by JTD.
8. Compliance, site visits, and suspension
The Agency agrees to comply with this Agreement and with any written toy distribution guidelines provided by JTD.
JTD may, with reasonable notice and in coordination with the Agency, visit the Agency's site to observe how toys are stored and distributed.
If JTD reasonably believes that toys are being used or distributed in violation of this Agreement, JTD may pause or end toy distributions to the Agency, request the return of any undistributed toys, and decline future requests from the Agency.
9. Term and termination
This Agreement becomes effective when the Agency submits this form and signs below.
Either JTD or the Agency may terminate this Agreement at any time by giving written notice, including by email.
If this Agreement is terminated, the Agency will stop representing that it currently receives toys from JTD and will cooperate in good faith with JTD regarding any remaining undistributed toys.
10. Miscellaneous
This Agreement, together with the information provided by the Agency in this form, constitutes the entire understanding between the parties with respect to toy distribution from JTD to the Agency.
Any changes to this Agreement must be in writing and agreed to by both parties.
The parties are independent entities. Nothing in this Agreement creates a partnership, joint venture, or agency relationship.
This Agreement is governed by the laws of the State of California, without regard to conflict-of-law rules.