Project BeamON Terms of Agreement for Reiki-blanket donations
B E T W E E N:
PROJECT BEAMON ORGANIZATION
a corporation incorporated under the Laws of the Province of Ontario, Canada
WHEREAS ‘The Organization’, known as Project BeamON is a not-for-profit organization that is committed to donating Reiki-blankets (the “Reiki-Blankets”) to adults and children who have been recently diagnosed, are currently in treatment or are a cancer survivors. And with working with organizations/non-profits/charities known throughout this document as ‘The Company’ such as yours in having them distribute Project BeamON’s Reiki-Blankets to cancer patients as per this agreement.
AND WHEREAS ‘The Company’ wishes to receive the Reiki-Blankets as a donation from ‘The Organization’ to provide the Reiki-Blankets to children and/or adults who are have been or in treatment for cancer.
AND WHEREAS ‘The Company’ wishes to receive the Reiki-Blankets as a donation to have on (hand) at their facility (address) in a safe, locked location to be donated through the ‘The Company’ in good standing from Project BeamON to anyone who is affiliated with the ‘The Company’ program who is recently diagnosed, is currently in treatment for cancer that is part of the ‘The Company’ individual program.
AND WHEREAS ‘The Company’ and ‘The Organization’ wish to enter into this Agreement for their mutual benefit and to clarify their respective obligations and rights in respect to the relationship, in the best interest for the Reiki-blanket recipient and the initiative that Project BeamON has set forth in the commitment to donate Reiki-blankets to adults and children who are touched by cancer.
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the mutual covenants, promises, provisos, payments and agreements hereinafter contained (the receipt and adequacy whereof is hereby acknowledged), ‘The Company’ and ‘The Organization’ agree as follows:
- ‘The Organization’ hereby agrees for the term of this Agreement to supply the ‘The Company’ with a requested quantity of Reiki-Blankets for your individual Program that works with, supports, aids children and adults with cancer, or cancer survivors. The quantity of Reiki-Blankets and timing of the delivery of the Reiki-Blankets by ‘The Organization’ to ‘The Company’ shall be determined by ‘The Organization’ in its discretion including, but not limited to, the following considerations: (i) the needs of ‘The Company’ for their purpose of working with, supporting, and aiding children and adults with cancer, or cancer survivors. Reiki-Blankets; will be made (ii) available when, and if funding is received by Project BeamON Organization for the production and delivery of the Reiki-Blankets.
- ‘The Company’ agrees to instruct the staff of ‘The Company’ as to the policies, procedures and techniques, that are set forth by Project BeamON “The Organization’ in the handling and distribution of the Reiki-Blankets to adult and children who are touched by cancer, and that participate in the Company programs.
- ‘The Company’ agrees to maintain all ‘The Organizations’s’ Reiki-Blankets in substantially the same appearance and condition as provided by ‘The Organization’. Specifically, all Reiki-Blankets when provided to the Reiki-blanket recipients must have all tags and identifications intact as provided by ‘The Organization’. ‘The Company’ undertakes and agrees to maintain the integrity of the form of the Reiki-Blankets when in the possession of the ‘The Company’ prior to distribution to their clients.
- ‘The Company’ undertakes and agrees to keep the Reiki-Blankets in a safe and locked area and to store the Reiki-Blankets in a careful and protective manner.
- All Reiki-Blankets must only be distributed to anyone who has been recently diagnosed, is currently in treatment for cancer. Any Reiki-Blankets that have not been distributed to a Reiki-blanket recipient shall be returned to ‘The Company within a reasonable amount of time, 3 months, if Reiki-blankets are no longer needed to fulfil ‘The Company’ programs set forth.
- ‘The Company’ agrees to receive and handle the Reiki-Blankets in a diligent and good and workmanlike manner, in accordance with good quality standards and in compliance with the requirements and such other services as may be requested by ‘The Company’ and agreed to by ‘The Organization’.
- ‘The Company’ agrees to advise and assist ‘The Organization’ in the sole discretion of ‘The Company’, at ‘The Organization’s’ written request, concerning problems encountered by ’The Organization’ in the distribution of the Reiki-Blankets.
- The term shall commence as of the date of this Agreement and shall be on a month-to-month basis. This Agreement may be terminated by either party on five (5) days written notice. Within twenty-four (24) hours after termination of this agreement or upon request of The Organization’ and shall immediately deliver to ‘The Organization’ all and any Reiki-Blankets in its possession that have not been distributed to the recipients back to ‘The Organization’, in the same condition as provided by ‘The Organization’, including but not limited to the ‘The Organizations’ trademarks, trade names, patents, copyrights, designs, drawings, formulas, or other data, photographs, demonstrators, literature, digital materials, and marketing materials of every kind shall remain the property of ‘The Organization’. ‘The Company’ shall return all such items in good condition to ‘The Organization’ at The Companies’ expense. ‘The Company’ shall not make or retain any copies of any confidential items or information that may have been entrusted to it. Effective upon the termination of this Agreement, ‘The Company’ shall cease to use all trademarks, other marks, and trade name of ‘The Organization’ and all related entities to this Agreement, including “Project BeamON”.
- ‘The Company’ shall not use any logo or mark of ‘The Organization’, including but not limited to “Project BeamON”, for any purpose including marketing and promotion by the Organization, without the written consent of ‘The Organization’, which may be unreasonably withheld or delayed. All marketing and messaging by ‘The Company’ with respect to the Reiki-Blankets shall be pre-approved by ‘The Organization’ prior to publication or use.
- (10)‘The Company’ will promote ‘The Organization’ as a proud sponsor on their website, www.projectbeamon.org and other printed marketing materials. See badge attached to upload on Company website.
- (11)‘The Organization’ and ‘The Company’ hereby declare and agree that each is engaged in an independent business and that each shall perform its obligations throughout its business relationship with the other party as an independent business and not as the agent, employee or servant of the other, and the relationship shall not be considered a partnership, joint venture, or otherwise.
- (12)‘The Company’ recognizes that ‘The Organization’ is not responsible for any negligible act upon the recipient of their program, where as, ‘The Organizations’ Reiki-blankets are involved.
- (13)‘The Organization’ recognizes and agrees that ‘The Organizations’ Reiki-blankets and benefits and/or receipt and/or use of Reiki-blankets provided by Project BeamON Organization are not intended or implied to be a substitute for professional medical advice or treatment, nor are they intended or implied to be a cure for cancer. ‘The Organizations’ Reiki-blankets are intended to provide comfort and warmth to people touched by cancer.
- (14)This Agreement constitutes the entire understanding between ‘The Company’ and ‘The Organization’ with respect to the subject matter of the Agreement and ‘The Company’ and ‘The Organization’ agree that there are not and shall not be any agreements or understandings between them with respect to this subject matter of this Agreement other than as expressed herein in writing. All previous agreements and arrangements between ‘The Company’ and ‘The Organization’, whether oral or written, are hereby terminated. This Agreement may only be modified in whole or in part by ‘The Organization’.
- (15)All notices, requests, demands or communications by the terms required to be given hereunder or permitted to be given or made by one party hereto to another, shall be given in writing and shall be deemed to have been duly given if mailed by first class mail, postage prepaid, prepaid courier, telecopier facsimile transmission, e-mail or hand delivery to the following addresses, as the case may be:
- (16)This Agreement shall ensure to the benefit of and be binding upon each of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
- (17)If any paragraph, subparagraph or other subdivision of this Agreement or any other provision of this Agreement which is, or becomes, invalid, illegal or unenforceable, in whole or in part, such invalidity shall be severed from this Agreement and be ineffective to extent of such illegality, invalidity or unenforceability and shall not effect or impair the remaining provisions of this Agreement which shall continue in full force and effect. The waiver by the Company of any breach by the Organization of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by the Organization of the same or any other provision of this Agreement.
- (18)This agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada