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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 a 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 teenage girls;

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

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

RESPONSIBILITIES AND OBLIGATIONS OF THE SCHOOL

The School undertakes to:

1. Designate one or more members of its staff as “FitSpirit Program Leader(s)” who will liaise with FitSpirit and implement the FitSpirit program at the School.

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

3. Implement, promote, manage registration and coordinate activities under the FitSpirit banner at the School with help from tools developed by FitSpirit.

4. Reserve time slots for FitSpirit activities.

5. Using the FitSpirit school portal, manage and submit to FitSpirit the registration of all its FitSpirit participants. Participant registration is done online and it includes the participant’s personal information form and the FitSpirit parental authorization 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 authorization form necessary by each participant for the event. In the event that the school does not obtain parental authorization for the activity or event in question, the school will assume full responsibility for any such negligence or omission.

6. Using the FitSpirit school portal, submit by the specified deadline, the dates on which the School could host a visit from a FitSpirit Ambassador. When the School is matched with an Ambassador, the School must contact her to coordinate the visit. If the School must change or cancel a planned activity, it is the School’s responsibility to inform the Ambassador and the Regional Coordinator at least 24 hours prior otherwise the activity will be lost.

7. 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.

8. 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.

9. Upon virtual signing of this Agreement, the School shall pay FitSpirit a non-refundable annual fee of $300. The partner School shall be entitled to FitSpirit services only upon receipt of that payment.

FitSpirit events

10. 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.

11. In the event of inclement weather, FitSpirit may choose to proceed with the event or to cancel it with 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.

FEE

Annual fee of $ 300

DEADLINES

School registration – January 28, 2022

Participant registration – February 25, 2022

FITSPIRIT’S RESPONSIBILITIES AND OBLIGATIONS

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

12. Regional support offered by a partner of choice, a gateway to a multitude of resources in the leisure and healthy lifestyle habits sectors of your community;

13. Training activities specifically adapted to staff and students to transform the way physical education is presented to girls in your school; 

14. Physical activity sessions offered in your school according to your availablities animated by expert women who are passionate about their discipline; 

15. A kinesiologist and a nutritionist to answer all questions from the school team and the girls via email; 

16. Online tools including a running program, workout videos, tips sheets and more;  

17. Inspirational speakers who share their story to familiarize teenage girls to the practice of physical activity and to motivate them to adopt an active lifestyle;  

18. An online community, a source of best practices to provide information to school staff and students via different web platforms; 

19. Items in FitSpirit’s colours sent to your school to stimulate a sense of belonging (t-shirts, banners and much more); 

20. Outdoor festive events where thousands of teenage girls create long-lasting memories with their friends centered on sport and physical activity;

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

MISCELLANEOUS

Intellectual Property

22. 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.

23. 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.

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

Confidentiality

25. 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.

Remedies

26. 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 accepts and takes full responsibility for such risks. Moreover, the School relinquishes 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.

General

27. 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.

28. 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.

29. This Agreement is governed by the laws of the Province of Quebec and by the applicable federal laws.

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