WHEREAS, CATCH desires to provide and raise money to be used to support school wellness programs at Cardholder’s school (the “Purpose”);
WHEREAS, the Cardholder desires to have CATCH provide and raise money for the Purpose;
WHEREAS, the school district who employs Cardholder (the “District”) and CATCH have entered into an agreement under which CATCH will make available funds raised for the Purpose on a reloadable prepaid debit card (the “CATCH Card”);
WHEREAS, the District has nominated Cardholder to hold and manage the CATCH Card and disbursed funds;
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. FUNDRAISING PAGE. a. CATCH may create a webpage on the internet platform FundRazr where donations can be made by the public to support the Purpose (the “CATCH Fundraising Page”). All donations will be subject to the FundRazr Terms and Conditions in addition to the terms in this Agreement. b. Donations made on the CATCH Fundraising Page will be made to CATCH, but will be earmarked for the Cardholder’s school (the “School”). c. If applicable, the Cardholder will use reasonable efforts to promote the CATCH Fundraising Page, if created. CATCH may provide the Cardholder, District, and/or School with collateral and marketing information to direct potential donors to the CATCH Fundraising Page. d. If applicable, CATCH will be responsible for creation and maintenance of the CATCH Fundraising Page, collecting donations, and providing receipts to donors for tax deduction purposes. 2. DONATION DISTRIBUTION. a. The Cardholder acknowledges that funds raised will be subject to a ten percent (10%) 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 expenses related to the FundRazr and card platforms. b. CATCH will release funds raised on the CATCH Fundraising Page and earmarked for the Purpose (the “Funds”) on a preloaded debit card (the “CATCH Card”) on a weekly basis. The Funds on the card will not expire and the District may at any time request the CATCH Card account be closed and the remaining Funds balance by disbursed by check to the District. c. Cardholder hereby acknowledges receipt of a CATCH Card bearing the name of School and understands and acknowledges 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 the School, and for no other purpose. d. 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 District, School and/or Cardholder, but has no obligation to do so. e. 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. f. 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. g. Any items purchased using Funds shall become property of District and treated as an in-kind donation.
3. TERM AND TERMINATION. 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. b. Termination. This Agreement shall terminate: i. upon either party providing thirty (30) days written notice to the other party; ii. 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; iii. if the CATCH’s agreement with the District is terminated for any reason; iv. if Cardholder ceases to be employed by the District, leaves the School, or is no longer designated by District to hold and manage the CATCH Card; v. if the Cardholder uses any funds on the CATCH Card for a purpose that is not related to supporting health and wellness programs at the School; or vi. immediately if the Cardholder, School or District violate any federal, state, or local laws. c. Upon termination of this Agreement for any reason, CATCH may take down the CATCH Fundraising Page and/or disburse any remaining Funds balance by check to the District within thirty (30) days. 4. 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 DISTRICT AND/OR SCHOOL, OR FROM THE DISTRICT, SCHOOL, AND/OR CARDHOLDER’S USE OF THE FUNDS.
5. INDEMNIFICATION. 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
6. MISCELLANEOUS. 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 sent by email to email@example.com (if to CATCH) or to the email address entered below (if to Cardholder). 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. c. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 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. 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. 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. 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. h. Survival. Sections 4, 5, and 6 of this Agreement shall survive the cancellation, expiration, or termination of this Agreement to the extent necessary for the benefit and enforcement thereof. 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.