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PARTNERSHIP AGREEMENT BETWEEN FITSPIRIT AND THE SCHOOL

 

ABOUT FITSPIRIT

 

FitSpirit (Fillactive in French) is a Quebec-based not-for-profit whose mission is to get teenage girls to be physically active throughout their lives. Through our unique set of tools and resources for schools with girls 12 to 17 years old, FitSpirit:

• Provides support, by organizing physical activities at school that interest them;

• Organizes huge events, where they can discover and enjoy the outdoors as well as the benefits of sports and physical activity firsthand;

• Shares our expertise to help reverse the trend of increasing physical inactivity in teenage girls.

 

RESPONSIBILITIES AND OBLIGATIONS OF THE SCHOOL

 

1. The School undertakes to:

 

1.1 Designate one or more members of its staff as “FitSpirit Program Leader(s)” who will liaise with FitSpirit and implement the FitSpirit approach at the School, in accordance with the terms of this Agreement.

1.2 Work with FitSpirit to develop a physical activity program for girls who attend the School.

1.3 Implement, promote, and coordinate activities under the FitSpirit banner at the School.

1.4 Using the FitSpirit school portal, submit by the specified deadline, the dates on which the School could host a visit from a FitSpirit Ambassador. If the School is matched with an Ambassador, it shall contact her to coordinate the visit. If the School must change or cancel a planned activity, it must inform the Ambassador and the regional Coordinator.

1.5 Using the FitSpirit school portal, manage and submit to FitSpirit the registration by all its FitSpirit participants. Participants registration is done online and it includes the participant’s personal information form and the FitSpirit parental consent form. The school is fully responsible for submitting all information and authorizations required to register participants to FitSpirit. In addition, prior to any activity or event, the school is fully responsible for ensuring, during activities and events offered under the FitSpirit banner, that the participants have completed and submitted the personal information form and parental consent form necessary by each participant for the event. In the event that the school does not obtain parental consent for the activity or event in question, the school will assume full responsibility for any such negligence or omission.

1.6 Using the FitSpirit school portal, keep the activity log updated to report on the activities organized at the School under the FitSpirit banner throughout the year.

1.7 Cover all costs incurred in preparing, planning, organizing, and holding FitSpirit activities at the School, including transport expenses for facilitators and participants to FitSpirit events and training activities.

1.8 Upon virtual signing of this Agreement, the School shall pay FitSpirit a non-refundable annual fee. The partner School shall be entitled to FitSpirit’s services only upon receipt of that payment.

 

2. Conditions regarding the holding of FitSpirit activities:

 

2.1 Ensure the availability of appropriate facilities with sufficient capacity for FitSpirit activities.

2.2 Reserve time slots during the year for activities led by FitSpirit Program Leaders, Student Leaders, and workshops led by the FitSpirit Ambassadors.

2.3 For the FitSpirit training program leading up to a 5-km or 10-km run, reserve time slots of a minimum thirty (30) minutes for group training sessions during the eight to ten-week period prior to the Celebration.

 

3. Participant registration to FitSpirit events

 

3.1 Among its registered FitSpirit participants on the FitSpirit school portal, the School shall submit the full list of participants that will attend a FitSpirit event by the specified deadline. The school is fully responsible for submitting all information and authorizations required to register participants to a FitSpirit event. In addition, the school is fully responsible for ensuring, during activities and events offered under the FitSpirit banner, that the participants have completed and submitted the necessary authorizations prior to the activity or event in regard to said event or activity. In the event that the school does not obtain the necessary authorizations for the activity or event in question, the school will assume full liability arising from such negligence or omission.

3.2 The School shall pay all costs related to the School’s registration in a FitSpirit event upon receipt of the invoice.

3.3 FitSpirit will attempt to accommodate insofar as possible, without compromising the safety or the experience of other participants, schools that request additional registrations, in the order in which the requests were received.

3.4 FitSpirit reserves the right to refuse new registrations for administrative, safety or other reasons. FitSpirit will promptly inform the School of the reason.

 

4. FitSpirit events

 

4.1 Should FitSpirit be forced to cancel an event for safety reasons or circumstances beyond its control, it will inform the FitSpirit Program Leader and the School’s principal as soon as possible. FitSpirit shall not be responsible for any costs or reimbursement to the School or its participants.

4.2 In the event of inclement weather, FitSpirit may choose to proceed with the event or to cancel it on less than 15 minutes notice for safety reasons. The School will be responsible for deciding whether or not to attend the event according to its own policies. If the event takes place and the School decides not to participate in it, the School will be responsible for the costs incurred and FitSpirit will not reimburse the School or its participants.

 

FITSPIRIT PARTNER SCHOOLS FEE

 

Annual fee

 

• $300

 

IMPORTANT DATES

 

• SCHOOLS REGISTRATION DEADLINE: JANUARY 29, 2021

• PARTICIPANTS REGISTRATION DEADLINE: MARCH 26, 2021

• CELEBRATION EVENT REGISTRATION DEADLINE: MARCH 26, 2021

 

FITSPIRIT’S RESPONSIBILITIES AND OBLIGATIONS

 

5. Upon the coming into effect of the Agreement, FitSpirit undertakes to provide the following services:

 

5.1 Assign a FitSpirit Coordinator to the School, who will be responsible for providing support to the FitSpirit Program Leader throughout the year.

5.2 Make available to participants and the FitSpirit Program Leader a comprehensive set of tools tailored to girls in order to support the organization of activities for girls (virtual training platform, eight-week training program, advice from a kinesiologist and nutritionist, videos, promotional material, etc.).

5.3 Develop further content for FitSpirit activities and make available to the School training to enhance the skillset of the Student Leaders and facilitators who will help the girls discover the fun and benefits of physical activity.

5.4 Create, mobilize and train a network of FitSpirit Ambassadors capable of delivering virtual speaking engagements and leading a variety of physical activities in schools. Each School is entitled to a maximum of three (3) visits by an Ambassador at FitSpirit’s expense, provided that the dates suggested by the School are compatible with the availability of the Ambassadors.

5.5 Conduct communication activities (social media, contests, idea sharing, etc.) under the FitSpirit brand and via networking in order to reach everyone who is or has been involved in FitSpirit to any degree, as a participant, facilitator or volunteer, so as to keep them engaged in a physically active lifestyle and encourage them to promote physical activity for teenage girls.

5.6 FitSpirit undertakes to coordinate and maintain a major annual event specifically for girls (such as the Celebration) and to grow it in order to build participant interest. This annual event will be held in the spring.

5.7 FitSpirit will defray all costs for the above-mentioned services.

 

MISCELLANEOUS

 

6. Intellectual Property

 

6.1 It is understood that FitSpirit is the sole owner of its trademarks, registered or not, its copyrights, and any other intellectual property rights, including, but without limiting the generality of the foregoing, all words, abbreviations, designs, brand marks and slogans which it uses in connection with its activities (collectively constituting its “Intellectual Property”); and any use made by the School or its representatives of FitSpirit’s Intellectual Property must comply with the terms of this Agreement and be made only for the purpose of promoting FitSpirit activities at the School.

6.2 Should the School wish to make use of materials or documents constituting FitSpirit’s Intellectual Property that were not provided by FitSpirit, the School’s FitSpirit Program Leader must obtain prior written approval from FitSpirit, which shall be provided within a reasonable time.

6.3 It is understood that nothing in this Agreement shall be construed as conferring upon the School any right whatsoever to FitSpirit’s Intellectual Property.

 

7. Confidentiality

 

7.1 With the exception of information that must be disclosed pursuant to a court order or any other official order or to fulfill legal obligations, each of the parties agrees to maintain the confidentiality of any information, verbal or written, received from the other party within the framework of this Agreement and identified as being confidential, as well as that of any information concerning the other party’s operations and trade or technological secrets that is not otherwise publicly available or has not been otherwise obtained without violating this confidentiality undertaking, and not to disclose such information or confidential documents without prior consent of the other party. This confidentiality undertaking shall remain in effect notwithstanding the expiry or cancellation of this Agreement.

 

8. Remedies

 

8.1 FitSpirit shall not, under any circumstances or in any manner whatsoever, be held responsible for any actions, claims or demands involving (but not limited to) loss, breakage/damage, theft, or bodily harm during FitSpirit activities/events. The School understands that participation in FitSpirit activities includes certain risks and dangers for students. The School freely accept and take full responsibility for such risks. Moreover, the School relinquish any and all claims, present or future, against FitSpirit, its directors and officers, employees, representatives, volunteers, spokespersons or partners, and release each of them from all liability for any loss or damage, and consent to hold each of them harmless for any loss or damage. The School agrees that FitSpirit refuses a participant access to its activities if a participant doesn’t respect the instructions. All costs related to damage caused by the School students’ actions will be the School’s responsibility.

 

9. General

 

9.1 The parties hereby acknowledge that they are acting as independent contractors and that nothing in this Agreement can be interpreted as altering their status. Nothing in this Agreement shall be interpreted as making one party, be it FitSpirit or the School, an agent, partner, employee, or legal representative of the other. Neither of the parties has any right or authority, expressed or implied, to assume or create any obligation or responsibility for and on behalf of the other party, other than that which is set out in this Agreement.

9.2 This Agreement may be amended, in whole or in part, only with the written mutual consent of both parties. Neither of the parties shall assign directly or indirectly, in whole or in part, the rights and interests conferred on them by this Agreement.

9.3 This Agreement is governed by the laws of the Province of Ontario and by the applicable federal laws.

9.4 This Agreement replaces any prior verbal or written agreement concluded between the parties with respect to the subject hereof.