fbpx
Print

4-H Ontario Third Party Agreement

THIS AGREEMENT by and between

4-H Ontario

A not-for-profit organization duly incorporated pursuant to the laws of Canada

(hereinafter  “4-H Ontario”)

and

A not-for-profit organization duly incorporated pursuant to the laws of the province of Ontario (hereinafter the Event Organizer)
Insert even t/ activity i.e. Achievement Program, 4-H Livestock Competition, Lifeskills competition

I. Purpose and Scope

The Agricultural Society hosts the above described event, an initiative that uses one or more of the following: 4-H Ontario’s brand name, logo, youth, members and leaders/volunteers in good standing from fully sanctioned clubs;

This event is considered a competition, clinic, camp, workshop, seminar, or exhibits hosted by the third party outlined and referenced in this agreement;

AND where the Event Organizer is using the 4-H Ontario’s brand name in events or activities otherwise unrelated to the 4-H Province.

AND THE TERRITORY for this agreement shall be the entire province of Ontario.

AND this Agreement between 4-H Ontario and the Agricultural Society serves to clarify expectations and responsibilities for both 4-H Ontario and the Agricultrual Society to ensure a standard of consistency is in place at all events where 4-H youth members are participating in relation to youth safety, risk management, insurance coverage and animal care. It further outlines rights and guidelines regarding the use of the 4-H name and/or logo at third-party organized events.

II. Roles and Responsibilities – Youth Safety and Risk Management

Event Organizers hosting 4-H events or using the 4-H brands or logos in relation to their event(s):

  • are responsible for reviewing and adhering to the 4-H in Canada Youth Safety policy found at this link: https://4-h-canada.ca/resources-education/youth-safety.
  • are responsible for contacting the 4-H organisation named in this Agreement to discuss any issue (misconduct, accident, illness, conflict etc..) involving a 4-H member.
  • must take steps to ensure that adequate insurance coverage exists for the event. The Liability Coverage must be set to a minimum of $2,000,000. Proof of Insurance must be submitted to the 4-H organisation named in this agreement a minimum of two weeks prior to the start date of the event. The Event Organizer may request a Certificate of Insurance from the provincial organization.
  • must take steps to ensure an emergency management plan exists for their events. This plan must be communicated to the 4-H participants a minimum of two weeks prior to the start date of the event.
  • are expected to treat personal information of 4-H members or staff with respect and in accordance with the applicable privacy legislation in the jurisdiction of the Event Organizer, including but not limited to the following requirements:
    1. Ensuring the appropriate measures and safeguards are in place to protect the information provided to the organization;
    2. Manage personal information in accordance with specific provincial legislation pertaining to Freedom of Information and Personal Information and Protection of Privacy Act (PIPPA) and other applicable laws.
    3. Ensure photo and media releases and proper permissions are received before sharing photos /videos of individuals, particularly of youth.
  • must take steps to ensure that an animal care plan that meets the Livestock Code of Practice exists with reference to the treatment of animals on display or in competition, inclusive of housing, environment and public visibility and awareness. This plan must be communicated to the 4-H participants of the event a minimum of two weeks prior to the start date of the event.

            The 4-H organisation is responsible for:

  • ensuring that youth, club leaders and volunteers participating in the third-party event adhere and enforce to 4-H Canada Youth Safety Policies throughout the third-party event, in particular the Code of Conduct, and the Rule of Two and Youth supervision ratios.
  • ensuring adequate insurance coverage for 4-H members, leaders and volunteers participating in the third-party event including but not limited to Participant Accident coverage and General Liability coverage.

III. 4-H Brand Usage and Guidelines

The Event Organizer agrees to the following conditions:

  • Event Organizer permitted by this Agreement to use the 4-H Ontario brand and logo may only use 4-H Ontario name and logo and may only use the name and logo in accordance with this Agreement and the applicable 4-H Canada guidelines. Event organizers should refer to 4-H Canada Brand Standards/Visual Identity Guide found at this link: https://4-h-canada.ca/resources-education/brand-resources
  • The use of 4-H names, brands and logos is strictly prohibited without first obtaining written permission from the 4-H Ontario.
  • Event Organizer using the 4-H brand and logo are responsible for reviewing and adhering to the 4-H in Canada Youth Safety policy as noted above and provided in Appendix A, even where no 4-H personnel are present at an event.
  • The 4-H name or logo shall not be used in any manner or in any materials that does or could be considered to denigrate, disparage, tarnish, present in a false light other otherwise reflect negatively on the 4-H names, logos and overall brands.
  • 4-H Ontario reserves the right to revoke the use of the 4-H name and brand in association with the third-party event at any time in its sole and unfettered discretion.
  • Event Organizer hosting 4-H events are not eligible for any sponsor recognition through 4-H Ontario or 4-H Canada.
  • Event Organizer may not use the 4-H name or logo to solicit donations, sponsorship or other support to finance and cover the program delivery costs associated with this or any other third-party event.

IV. Acknowledgement of Ownership

The Event Organizer acknowledges that 4-H Canada and 4-H Ontario owns all right, titles and interests in and to the logos, name and brands associated with 4-H Canada and 4-H Ontario.

V. Indeminication

The Event Organizer hereby releases, indemnifies, and holds harmless the 4-H Canada and 4-H Ontario, collectively the “Parties” against and from all liability, claims, actions, penalties, demands, losses, damages, costs, and expenses (including, without limitation, legal fees and disbursements) by reason of any injury (including death) to any persons or any loss (through theft or otherwise) or damage to property of any nature caused by or arising out of, or in connection with any event, activity or initiative that uses the 4-H Canada and/or 4-H Ontario’s brand name, logo, youth, members and leaders by the Licensee, its employees, contractors, agents, clients, members, invitees, and/or others for whom the Event Organizer is at law responsible.

The Event Organizer shall indemnify and hold harmless Licensor Parties, and any of its successors, assigns, and licensees, and the respective officers, directors, agents, and employees, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees), arising out of or in any way  connected  with  any breach  of any representation  or warranty  made by Event Organizer herein.

VI. Assignment and Sublicensing

This Agreement shall not be assigned, transferred or sublicensed by the Event Organizer in any manner whatsoever without the prior written consent of 4-H Ontario, which consent may be arbitrarily or unreasonably withheld.

I. Conflict Resolution

In the event that any dispute relating to this agreement cannot be resolved by settlement between the parties, the parties shall attempt to resolve all disputes through informal means. This may include mediation, arbitration, or any other procedures upon which the parties agree. The parties shall not commence litigation before alternative dispute resolution mechanisms have been considered.

Each party shall bear its respective costs of such conflict-resolution, unless otherwise agreed upon in writing.

II. Termination

Either party may terminate this agreement for convenience, at any time, upon 10 days advance written notice of termination to the other party. The parties agree that, in the event of termination, the parties may discuss the necessity to comply with its responsibilities in effect at the time of termination and if possible, make efforts to complete such activities or events.

In the event of a breach by the Event Organizer of this Agreement, 4-H Ontario shall be entitled to immediately terminate the Agreement by providing the Event Organizer with written notice of the termination.

Please enter the day, month and year

Signature of Agricultural Society

Name of person with signing authority on behalf of the Agricultural Society
Title of person with signing authority on behalf of the Agricultural Society
Clear Signature

Agreement confirmed by 4-H Ontario’s Director, Professional Practice, Evelyn Chambers