This Adviser Agreement is between You and Girl Talk, Inc., a Georgia non-profit corporation (“Girl Talk”).
“You” refers to either:
you, as an individual managing and advising a Girl Talk Club in your personal capacity or
you, as an organization, such as a school, religious, or other community-based group, managing and advising a Girl Talk Club.
A “Girl Talk Club” is a local group that uses Girl Talk materials and mentors participating girls, based on peer-to-peer mentorship from older girls.
The “Girl Talk Mission” is to inspire all girls to be confident leaders through peer-to-peer mentoring.
You agree to the below Terms and Conditions by creating, managing, or advising a Girl Talk Club or using Girl Talk Content (as defined below) with authority and approval from Girl Talk.
Terms and Conditions
1. Advising a Club
With written approval from Girl Talk, Girl Talk authorizes You to create, manage, and advise a Girl Talk Club with participating young people (“Participants”), which includes student leaders (“Leaders“), along with assistance and cooperation from adult advisers (“Advisers”).
You may manage your Club in a manner that best serves the Girl Talk Mission and in the best interests of its Participants while following these Club rules:
· Participants and Leaders must be treated with respect and offer respect to others, including the Adviser.
· When advising Participants and Leaders, conversations should be considered confidential, except as required to be disclosed under applicable law.
· Advisers and Leaders must complete necessary training before beginning a new Club year, which will be available on Girl Talk Connection.
· You, along with your Advisers, Leaders, and Participants, must always comply with applicable laws and regulations in association with the Girl Talk Club.
· Any decisions and actions by Girl Talk in relation to your Girl Talk Club’s association and participation with Girl Talk shall be within Girl Talk’s sole discretion.
2. Using Girl Talk Content
Girl Talk provides downloadable, multimedia course materials made available by Girl Talk for its Clubs generally or to your Club specifically (“Content”). Girl Talk hereby grants You a limited, non-exclusive, royalty-free, non-sublicensable, nontransferable, revocable license to copy, distribute to Advisers,
Leaders, and Participants, and use Content solely to further the Girl Talk Mission. You may not modify the Content in a way that changes its meaning without the prior written approval of Girl Talk. THE CONTENT IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS WITH NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE SUFFICIENCY, ACCURACY, OR NON-INFRINGEMENT OF THE CONTENT. You may not remove or modify any copyright, trademark, disclaimer, or other legal notice appearing in Content.
3. Using Trademarks
4. For so long as You are actively managing a successful Club and complying with the above rules, Girl Talk hereby grants You a limited, non-exclusive, royalty-free, non-sublicensable, nontransferable, revocable right and license to use Girl Talk’s certain trademarks (i.e. names and logos) made available for clubs generally or for your specific Girl Talk Club to download and use on Girl Talk Connection (“Trademarks”) solely for the purposes of: (i) associating Your Club with Girl Talk; (ii) communicating Your Club activities to current and prospective Participants; and (iii) encouraging and developing Participants. All goodwill from use of the Trademarks shall inure exclusively to Girl Talk. You may not modify the Trademarks or combine the Trademarks with any other trademark or source identifier, including, but not limited to, any brand or trademark used by Your organization. All use of the Trademarks beyond the purposes identified above, such as to raise funds or solicit donations, must be first coordinated with and approved by Girl Talk and may not include commercial or for-profit activities. Student Information and Privacy
You must use Participant data and personal information in compliance with Your particular jurisdiction, which may include state, local, and federal laws. Girl Talk collects some non-sensitive personal information from You and Leaders, such as name and email address, to help manage its organization, any of which will be collected with Your or the Participant’s consent. Girl Talk will send surveys to You and Participants from time to time. Participant data will be collected and used internally, including, but not limited to, with Girl Talk vendors, software providers, volunteers, and staff, for improvement of its organization and clubs in furtherance of its Mission. Participant data used externally will be in an anonymized manner by group or cohort. If You or any Leader, Adviser, or Participant does not wish to share requested personal information, please contact Girl Talk at [email@example.com].
5. Adviser Responsibilities
For a successful Club, please take action with the following responsibilities:
1) Support your Leaders in mentoring Participants;
2) Schedule and develop periodic Girl Talk meetings with your Leaders focused on interesting topics;
3) Regularly attend meetings and supervise conduct and activities;
4) Appoint substitute adult supervision for meetings and activities as needed;
5) Monitor any Girl Talk Club-related social media for inappropriate content;
6) Maintain service hour records and assist with surveys; and
7) Encourage fun and open discussions!
You may not act or enter into agreements on behalf of Girl Talk. Girl Talk may use Your name, image, and likeness for its own marketing and donation solicitation purposes, unless you contact Girl Talk at firstname.lastname@example.org. You provide Girl Talk an irrevocable, perpetual, non-exclusive, royalty-free
license to distribute, modify for editorial purposes, and use photographs and other content You provide to Girl Talk about your Club for Girl Talk’s own marketing and donation solicitation purposes.
6. Girl Talk Responsibilities
Girl Talk appreciates your time and work and will answer your questions sent to: [email@example.com Subject to this Agreement, Girl Talk supports You and its Clubs with its Content, support, and Trademarks. Its clubs are not subsidiaries, chapters, or otherwise affiliated with Girl Talk. Girl Talk reserves the right to terminate this Agreement immediately upon written notice (which notice includes via email to You) Your rights herein if You, in Girl Talk’s sole discretion: (i) breach this Agreement; (ii) do not support the Girl Talk Mission or a Participant’s best interests; or (iii) harm or are likely to harm the reputation of Girl Talk.
7. Adviser Release and Indemnity
Working with children includes inherent risks. You agree that you are capable of entering into this Agreement and providing successful support of the Participants. In consideration of managing or advising a Club, You hereby release and discharge (agreeing to make no claim and not sue to the maximum extent allowed by law) Girl Talk, its directors, employees, volunteers, or agents (“Related Parties”) for any and all claims, except to the extent caused by the negligence or willful acts or omissions of Girl Talk, related to Your relationship with Girl Talk. Additionally, You agree to indemnify and hold harmless Girl Talk and the Related Parties for any loss, injury, or death caused by You in relation to this Agreement or the Club. You are solely responsible for selecting appropriate facilities, equipment, and other materials to support the Club.
This Agreement shall remain effective until terminated by either party upon written notice, which may include a writing via email. Upon any termination, You shall return or destroy any copies of Content in Your or Your particpants possession, whether in paper or electronic format.
9. Limitation of Liability
GIRL TALK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS.
If any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. If Girl Talk fails to enforce strict performance of any provision of the Agreement, such failure will not constitute a waiver of our right to subsequently enforce such provision
or any other provision of the Agreement. Neither the course of conduct between You and Girl Talk shall act to modify any provision of the Agreement.
Thank you for volunteering your time and resources with your Club!