Total # of Students/Members
Fundraiser Kick-Off Date
Fundraiser End Date
School or Organization: Organization Name__________________________________________________________________________________ Phone___________________________________School and/or Organization Fax___________________________ Mailing Address_____________________________________________________________________________________ City____________________________________________________________State___________ Zip Code____________ Email Address_______________________________________________________________________________________ Shipping Address______________________________________________ Check Here if same as mailing [ ] City___________________________________________________________ State___________ Zip Code ____________
Contact and/or Sponsor Information: (Note to Schools: Principal must serve as one contact.) Contact #1_________________________________________ Title __________________________________________ Cell #_______________________________ Work #_______________________________________________________ Email Address______________________________________________________________________________________ Contact #2_________________________________________ Title __________________________________________ Cell #_______________________________ Work #_______________________________________________________ Email Address______________________________________________________________________________________ Contact #3_________________________________________ Title __________________________________________ Cell #_______________________________ Work #_______________________________________________________ Email Address______________________________________________________________________________________
Fundraiser Information: Brochure/Product/Program Selection Information ID#
Brochures Needed
Quantity Ordered
Prize Programs Collection Envelopes
School and/or Organization Responsibilities: •
The School and/or Organization agrees to complete it’s fundraiser within three-‐four weeks of the Fundraiser Kick-‐off date as listed on page 1 of this Agreement and follow the Fundraising Schedule as contained on page 1 of this Agreement.
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Appoint a person as its chairperson and/or coordinator to conduct this fundraiser. ¨ Provide sufficient time and make reasonable efforts to promote this fundraiser to the School and/or Organization’s members.
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The School and/or Organization further agree that all orders procured by the School and/or Organization or School and/or Organization’s members on School and/or Organization’s behalf for this fundraiser shall only be submitted to and processed by your Ganovia Representative.
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Have members of the School and/or Organization record all orders on the order forms required by your Ganovia Representative.
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Collect from the School and/or Organization’s participants all fundraising order forms and monies and any other items required by your Ganovia Representative and forward to your Ganovia Representative.
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All fundraising orders are to be submitted to your Ganovia Representative within five (5) days of the end date as listed on page 1 on this Agreement. Forward and pay to your Ganovia Representative all charges for all products, programs, brochures, materials and/or services.
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Agree not to copy or duplicate at any time any printed materials, guidelines, procedures, or methods furnished by your Ganovia Representative to the School and/or Organization because all such material, guidelines, procedures and methods are copyrighted and are the exclusive intellectual property of your Ganovia Representative and are intended for use by the School and/or Organization exclusively for this fundraiser only. The School and/or Organization further agree not to use these materials for informational purposes not covered by this Agreement.
Billing: Your Ganovia Representative will provide to the School and/or Organization a bill in a format he/she chooses, which may change from time to time. Orders & Late Orders: The School and/or Organization must send initial original fundraising brochure order forms (no photocopies) are to be submitted by the School and/or Organization. Additional and/or late forms will be accepted within five (5) days of receipt of original order and must be scanned and emailed to info@ganoviasolutions.com
Payment Method, Due Date and Late Fees: Time is of the essence for payment. Payment in full is required when your School and/or Organization submits order. Visa, MasterCard, Debit, Cash, Money Order, Business Check and/or Personal Check is acceptable for payment. Full payment for products is required at time of order. Products will be shipped to your School and/or Organization unless otherwise designated. Initial Here______ Cancellations: A thirty (30) day written cancellation notice is required prior to the scheduled fundraiser’s start date written on page one of this Agreement. If the cancellation notice is not received with the thirty (30) days notification, the School and/or Organization will be responsible for payment for any materials, brochures or other items ordered by the School and/or Organization at the prices listed. Initial Here_______ Shipping: Your Ganovia Representative or the supplier/manufacturer will have final decision regarding shipping methods. The School and/or Organization agree to pay all shipping/freight/mailing charges for anything sent to the School and/or Organization. Best efforts will be made to provide quality-‐shipping services using common carrier, but your Ganovia Representative cannot be held responsible for any delays and/or damages caused by common carriers. All damaged product/items will be replaced at no charge to School and/or Organization. Initial Here_______ Missing and/or Damaged Cases/Boxes and/or Items/Pieces: a. Cases/Boxes: At time of delivery, any missing and/or damaged cases or boxes must be noted by your School and/or Organization on the bill of lading and co-‐signed by the driver. Within 24 hours of receipt of your shipment, you must notify your Ganovia Representative and send a copy (scan) of your bill of lading to your Ganovia Representative. The bill of lading should clearly indicate what cases and/or boxes are missing and/or damaged. Initial Here_______ b. Items/Pieces: Within three (3) days of delivery, your must notify your Ganovia Representative of any missing and/or damaged items or pieces from your shipment. Please scan and send a copy of your invoice to your Ganovia Representative clearly indicating what items and/or pieces are missing and/or damaged. Initial Here_______ c. Waiver: The School and/or Organization hereby waives any claim, defense, setoff or other right or remedy arising from missing or damaged cases, boxes, items, pieces, or other products if not identified to your Ganovia Representative within the times frames identified her your Ganovia Representative. Failure to notify your Ganovia Representative of missing or damaged goods as required above shall constitute a waiver and further stop the School and/or Organization, any guarantor or other party to this Agreement, and their assigns from asserting any defense, set-‐off, or counterclaim to a collection action brought by your Ganovia Representative based on damaged or missing goods, or based on the quality of goods received. Initial Here_______ Returns: Your Ganovia Representative and/or your Ganovia Representative suppliers/manufacturers will not accept returns on unsold products, undelivered product and/or unused supplies. Only damaged products with your Ganovia Representative prior
written approval will be acceptable for return. Initial Here_______ NSF Checks: In the event any check issued by the School and/or Organization to your Ganovia Representative is returned for insufficient funds or otherwise dishonored for any reason (NSF), the School and/or Organization agrees to allow your Ganovia Representative to electronically re-‐present the School and/or Organization’s check for payment, and the School and/or Organization waives any objections to electronic representation. The School and/or Organization agrees to promptly tender payment of the full amount of such NSF check plus a service charge of $35, plus collection costs, bank fees, court costs, and reasonable attorney’s fees. Initial Here_______ Warranties: Your Ganovia Representative sale of products are provided on an “as-‐is” basis without any warranty. To the maximum extent permitted by law, your Ganovia Representative disclaims all representations and warranties, express or implied, with respect to the sale of products, including but not limited to, warranties of merchant ability, fitness for a particular purpose, title, non-‐infringement, and implied warranties arising from course of dealing or course of performance. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement. Your Ganovia Representative is not the manufacturer of any fundraising products. This paragraph shall survive termination of this agreement! Initial Here_______ Indemnification and Hold Harmless; Lost Products, Material and Delays: The School and/or Organization shall indemnify and hold harmless your Ganovia Representative its employees, and agents regarding all injury to persons and damage to all property resulting at or with respect to the organizing, conducting or the administration of the fundraiser. Your Ganovia Representative shall have no liability for amounts not collected, lost shipments of material or products; delays attributable to computer malfunction; mishandled mail; mail not delivered by the US Postal Service or other common carriers. Your Ganovia Representative does not guarantee results, success or profits from the School and/or Organization’s fundraiser. Your Ganovia Representative is not liable for acts or omissions of another or causes beyond your Ganovia Representative reasonable control. Your Ganovia Representative is not liable for incidental or consequential damages such as lost sales and/or lost profits. Initial Here_______ Conflicts: In the event of a conflict between this Agreement and the information and/or material as contained on your Ganovia Representative web site, the terms of the Agreement shall supersede any material and/or information contained on your Ganovia Representative product web site http://www.ganovia.com. Initial Here_______ Notices: Your Ganovia Representative written notices to the School and/or Organization shall be effective two (2) days after date the notice is scanned and emailed to the School and/or Organization. The notice shall be addressed to the School and/or Organization’s email address or telephone number as kept in our files. The School and/or Organization is responsible for providing written notice to your Ganovia Representative of any changes regarding any change in information as contained on page one of this Agreement. Notices to your Ganovia Representative by the School and/or Organization shall be deemed effective when received at
our office via US Postal Service or as dated as received in your Ganovia Representative files. Governing Law; Attorney Fees & Venue: If your Ganovia Representative retains an attorney in connection with this Agreement, including an action to collect payment or otherwise enforce or defend this Agreement in any lawsuit, at trial, or in any appellate, probate, reorganization, bankruptcy or other proceeding, or if the School and/or Organization sues your Ganovia Representative in connection with this Agreement and does not prevail, then the School and/or Organization agrees to pay to your Ganovia Representative in addition to principal, interest and any other sums owing to your Ganovia Representative under the Agreement, all reasonable costs and expenses incurred by your Ganovia Representative in trying to collect its invoices, or incurred in any other suit or proceeding, including without limitation to reasonable attorneys’ fees, paralegals’ fees and costs. The laws of the State of Georgia shall govern all matters relating to the validity, enforceability, interpretation and performance of this Agreement. The School and/or Organization further agrees that proper venue is in the State of Georgia and that any or all proceedings instituted by the School and/or Organization against your Ganovia Representative with respect to this Agreement shall be filed with and/or pleaded exclusively before the courts of State of Georgia. Entire Agreement: This Agreement (The Fundraising Agreement) is the entire Agreement between the parties. There are no other agreements, conditions, understanding, or representations, either oral or written, between the parties except as expressed to your Ganovia Representative. No changes will be permitted to the Agreement or unless authorized and agreed to in writing and signed by both parties. Severability Caused: If any provision or part of a provision of this Agreement is determined by a court of competent jurisdiction to be invalid under the laws of the State of Georgia, such determination shall not affect the validity or enforceability of the remaining provision or any other provisions of this Agreement. Guaranty of Performance: The undersigned School and/or Organization representative hereby becomes surety for and irrevocably and unconditionally guarantees performance of all provisions of this Agreement, including prompt payment of all invoices and other liabilities due your Ganovia Representative by the School and/or Organization.
IN WITNESS WHEREOF, the parties have executed this Agreement on _____________________________________________.
_______________________________________________________________ as________________________________________________ School and/or Organization Representative Signature & Title :
_______________________________________________________________ ID#________________________________________________ Ganovia Representative
School or Organization Representative Signature & Title I, ___________________________________, as _________________________________ of _________________________________ grant approval for my School and/or Organization listed on page one (1) of this Agreement to conduct the fundraiser as described on page one (1) of this Agreement at my school on the dates listed and in accordance with the terms and conditions contained in this Agreement. __________________________________________________________________________________________________________ Organization or Principal’s (Printed Name Required) __________________________________________________________________________________________________________ Organization or Principal’s (Signature Required) Date: ________________________________________________________ To confirm that the principal’s approval and signature is valid, your Ganovia Representative will scan and send a copy of this Agreement signed by all parties to the school principal or organizational lead.