(Public) Clothing Collection Agreement!
<<Customer>>!
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Services Agreement & General Release!
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THIS AGREEMENT is made this <<Current day>> day of <<Current month>>,<<Current year>>
by and between The Clothing Fund LLC. (The Clothing Fund) and <<Customer Company>>
(“Customer”).!
Recitals!
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A. The Clothing Fund LLC. (TCF) has experience and expertise in organizing and logistically
managing clothing collection drives to generate revenue for schools.!
B. <<Customer>> desires to have The Clothing Fund LLC. provide services for them.!
C. The Clothing Fund LLC. Desires to provide service to <<Customer>> on the terms and conditions set forth herein. Organizing and logistically managing clothing donation drives to
generate revenue for all recitals listed above. !
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Agreements!
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In consideration of the mutual covenants set forth in this Agreement, The Clothing Fund
LLC. and <<Customer> hereby agree as follows:!
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1. Responsibilities.!
The Clothing Fund LLC. agrees to provide communication materials for <<Customer>> to
distribute, provide service learning curriculum for faculty to use in the classroom for the purpose of collecting credential-uncontaminated and dry clothing including coats, hats, gloves,
and shoes. Collection of items must be considered credential by the standards herein; items
must not have been mass collected at any type of resale operations. The Clothing Fund
LLC. will not accept home goods (i.e., car seat, mattress, chair, lamp, table, TV, appliances
large or small decor). The Clothing Fund LLC. and <<Customer>> will agree on a prearrange location for the “Collection Container”, there after The Clothing Fund LLC. will
arrange the logistics of placing the “Collection Container” during the agreed “Term.” The
Clothing Fund does not commit to any promises of how much weight <<Customer>> will
generate in credential textiles. Weight will be determined by the arranged trucking company,
scale tickets will be used to figure gross weight of collected product.!
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2. Curriculum.!
The Clothing Fund LLC. agrees to provide optional service learning materials that integrate
the clothing drive into the classroom experience. Said materials are intellectual property of
The Clothing Fund LLC, therefore, cannot be utilized by <<Customer> without The Clothing
Fund LLC. expressed written consent.!
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3. Pledge and Commitment.!
(Public) Clothing Collection Agreement!
<<Customer>>!
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<<Customer>> has pledged to engage <<number of participants>> students and or members to generate and estimate weight of <<pounds>> . <<Customer>> staff and / or volunteers will communicate the clothing collection drive to all its constituents. <<Customer>>
staff and / or volunteers will ensure the “Container” is secure after hours and available for
donations during hours. The pledge is an estimated weight and all weights collected above
or below the pledged weight are bound to the agreements in this contract.!
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4. Delivery of Services.!
<<Customer>> acknowledges, however that any stated delivery deadline and the other
payments milestones listed herein are estimates and are not required delivery dates. During
the “Services Rendered” The Clothing Fund will contact a third party to arrange trailer trucking or trailer storage during which <<Customer>> agrees to provide accommodations for all
containers or semi trailers on the property or facilities arranged prior to and corresponded
with The Clothing Fund representative. !
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5. Term.!
The term of the Agreement shall be from <<start date>> through <<ending date>>.!
6.
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Payment.
The Clothing Fund LLC. hereby agrees to contribute a payment range based on the Payment Scale. hereunder. Payment will be made out to <<Customer>> for all credential clothing and textiles collected during the Term. Payments will be paid out to <<Customer>> within
thirty days after the collection Term. ends. In the event that <<Customer>> is not able to fulfill the Pledge and Commitment. payment may be delayed to sixty days after the collection
Term.!
7. Payment Scale.
The terms of the payment shall be set fourth hereunder, combine textile weight below thirty
thousand pounds (30,000 pounds) shall receive fifteen cents per pound (.15¢ per pound).
Combine textile weight ranging from thrifty thousand and one pounds (30,001 pounds) up to
sixty thousand pounds (60,000) shall receive fifteen and one half cents per pound (.155¢ per
pound). Combine textile weight ranging from sixty thousand and one pounds (60,001
pounds) up to one hundred twenty thousand pounds (120,000 pounds) shall receive sixteen
cents per pound (.16¢ per pound). Combine textile weight ranging for one hundred twenty
thousand and one pounds up to one hundred fifty thousand pounds (150,000 pounds) shall
receive seventeen cents per pound (.17¢ per pound). Combine textile weight ranging from
one hundred fifty thousand and one pounds (150,001 pounds) up to two hundred fifty thousand pounds (250,000 pounds) shall receive eighteen cents per pound (.18¢ per pound).
Combined textile weight ranging from two hundred fifty thousand and one pounds (250,001
pounds) up to five hundred thousand pounds (500,000 pounds) shall receive nineteen cents
(Public) Clothing Collection Agreement!
<<Customer>>!
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per pound (.19¢ per pound). Combine textile weights exceeding five hundred thousand and
one pounds (500,001 pounds) shall receive twenty cents per pound (.20¢ per pound). !
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8. Weather.!
In the event of inclement weather or catastrophic event either party has the right to postpone
or cancel the Services herein. !
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9. Cancelation.
If for any reason other than Weather. <<Customer>> request to cancel this contract prior to
the Term. a 48 hour notice is requested. A cancelation within 48 hours before the Term. may
result in a container fee up to three hundred dollars ($300.00).
!
10. Insurance.!
<<Customer>> agrees to maintain and pay for liability insurance with the following minimum
limits of liability: $1,000,000 per occurrence and $2,000,000 in the aggregate. Failure to
maintain said insurance in full force and effect during the term of this Agreement shall not
relieve it of any contractual obligation herein. The foregoing provisions shall not be deemed
a relinquishment or waiver of any kind of applicable limitations of liability provided or available to the parties under applicable state governmental immunities law. The Clothing Fund
LLC. will not be held responsible for any occurrences caused during the Term. for this
agreement or there after the Services.
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11. Indemnification.
Subject to <<State>> law and not inconsistent with sovereign immunity, each party shall indemnify and save and hold harmless the other and its trustees, officers, directors, employees, representatives, and agents against any and all claims, demands, suits, costs, judgments, or other forms of liability to third parties, actual or claimed, of whatsoever kind or
character, including reasonable attorneys’ fees, occurring or allegedly occurring from any
acts, errors, or omissions committed by said party or by its trustees, officers, directors, employees, representatives, or agents.
!
12. Compliance with Laws
During the performance of its obligations under this Agreement, <<Customer>> and The
Clothing Fund LLC. agrees to conduct its activities hereunder in strict compliance with all
applicable federal, state, and local laws.
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13. Non-Discrimination.
All Recitals agree not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, disability, national origin, veteran status or any other
status protected by applicable law. All Recitals shall also abide by the requirements of 41
CFR § 60-300.5(a), and 41 CFR § 60-741.5(a). These regulations prohibit discrimination against qualified protected veterans and qualified individuals on the basis of disability, and require affirmative action by covered prime contractors and subcontrac-
(Public) Clothing Collection Agreement!
<<Customer>>!
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tors to employ and advance in employment qualified protected veterans and individuals with disabilities.
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14. Severability
If for any reason, any term, covenant, or condition hereof shall be determined to be invalid
or unenforceable, the remainder of the provisions herein shall remain in full force and effect
and shall not be affected thereby.
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15. Governing Law.
This Agreement is governed by and constructed in accordance with the laws of the state of
<<State>> without regard to any conflict of laws provision.
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16. Counterparts.
This Agreement may be executed in counterparts, which together constitute one and the
same Agreement. If a party sends a signed copy of this Agreement via digital transmission,
such party will, upon request by the other party, provide an originally signed copy of this
Agreement.
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17. Media Release.
Permission is hereby granted to The Clothing Fund LLC. to use the property located at
<<Site address>> for the purpose of photographing and recording scenes for the above
program produced by The Clothing Fund LLC. for promotional and advertising use.
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The Clothing Fund LLC. may contact local media and promote the Service. event on television, radio, social media, or other promotional media with the use of <<Customer>> name.
Permission includes the right to bring personnel and equipment onto the property and to remove them after completion of the work. The permission herein granted shall include the
right, but not the obligation, to photograph the actual name connected with the premises and
to use such name in the program(s).
The undersigned hereby gives The Clothing Fund LLC., its assigns, agents, licensees, affiliates, clients, principals, and representatives the absolute right and permission to copyright,
use, exhibit, display, print, reproduce, televise, broadcast and distribute, for any lawful purpose, in whole or in part, through any means without limitation, any scenes containing the
above described premises, all without inspection or further consent or approval by the undersigned of the finished product or of the use to which it may be applied.
The Clothing Fund LLC. hereby agrees to hold the undersigned harmless of and free from
any and all liability and loss which The Clothing Fund LLC., and/or its agents, may suffer for
any reason, except that directly caused by the negligent acts or deliberate misconduct of the
owner of the premises or its agents.
The undersigned hereby warrants and represents that the undersigned has full right and authority to solely enter into this agreement concerning the above described premises, and
(Public) Clothing Collection Agreement!
<<Customer>>!
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that the undersigned hereby indemnifies and holds The Clothing Fund LLC., and/or its
agents, harmless from and against any and all loss, liability, costs, damages or claims of any
nature arising from, growing out of, or concerning the use of the above described premises
except those directly caused by the negligent acts or deliberate misconduct of The Clothing
Fund LLC., or its agents.
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18. Contract to sell.
<<Customer>> agrees to sell all collected product generated during the Term. to The Clothing Fund LLC. The Clothing Fund LLC will sell the product collected to a third party (Party
C). The Clothing Fund agrees to sell only to organizations that do not publicly exercise conflicting values or direct conflicting causes with <<Customer>> values and beliefs. In the
event that the items are sold to another party beyond the transaction from The Clothing
Fund and Party C. The Clothing Fund will require Party C. to agree to sell only to the above
like values and beliefs.!
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19. Entire Agreement.
This Agreement constitutes the entire agreement and understanding between the parties
with respect to the subject matter herein and supersedes all offers, negotiations, discussions, and other agreements that occurred prior to the date of the execution of this written
Agreement. Any amendments to this Agreement must be in writing and executed by both
parties.
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In Witness Whereof, the parties have caused this Agreement to be executed and do
each hereby warrant and represent that their respective signatory whose signature appears below has been and is on the date and year written below fully authorized by all necessary and
appropriate actions to execute this Agreement.
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The Clothing Fund LLC.
<<Customer>>
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Zach McNeil
Executive Vice President of Client Relations
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Name
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Date:
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Title
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Signature
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Date: