CHAPTER CHARTER AGREEMENT
Chapter Charter Agreement for Blues Against Hunger Society, Inc. (BAHS) 2020 Year. Chapter Charters are renewed on an annual basis. This Chapter Charter is for a term concluding on Dec 30, 2020.
A Chapter Charter will be approved, and BAHS programs may begin each year, only after the signed Chapter Charter and $75USD Chapter fee is received by the BAHS office. New Chapter Charters received by BAHS after the deadline will be prorated.
This Charter officially affiliates your Chapter with Blues Against Hunger Society, Inc. a non-profit organization. It's mission is to produce live blues music events that promote the collection and distribution of non-perishable food to the hungry while supporting, promoting and preserving the blues in the communities it serves.
ARTICLE 1: PURPOSE OF AGREEMENT
This document is an official agreement between Blues Against Hunger Society, Inc.(BAHS), a nonprofit corporation registered in the state of Arizona, and the YOUR CHAPTER, a chapter of BAHS, hereafter referred to as “Chapter.” The purpose of this agreement is to clarify BAHS relationship with our Chapters, while also clarifying BAHS expectations of the Chapter and its commitment to the success of the BAHS Chapter in accomplishing its principles. The Chapter’s status as a registered chapter of BAHS depends on signing this agreement and complying with its terms and conditions.
Chapter are independent organizations which operate in a specific geographical region and support the aims of BAHS. This agreement constitutes the formal recognition of this independent organization as a Blues Against Hunger Society Chapter and defines the rights and obligations of both BAHS and the Chapter.
ARTICLE 2: CRITERIA FOR AFFILIATION
An individual or group of BAHS members may apply for local charter status when they meet minimum criteria currently in effect, by action of BAHS. BAHS shall be the sole authority in determining whether a group meets the necessary criteria.
In order to become or remain an active Chapter of BAHS the group is responsible for:
ARTICLE 3: RELATIONSHIP
BAHS and the Chapter understand and agree that BAHS and the Chapter are separate legal entities; they are discrete groups whose relationship is described and limited by this agreement. BAHS and the Chapter are not and shall not be considered joint ventures, partners, legal representatives or agents of each other. At no time shall either party act or represent itself to be acting in any of these capacities except by separate written agreement. Neither BAHS nor the Chapter shall have the right or power to bind or obligate the other party in any manner and shall not make, or represent that it has the power to make, any contract, agreement, representation, warranty or obligation, express or implied, on behalf of the other party unless a specific authority is delegated in writing from one to the other. BAHS does not assume any oversight or responsibility for the programs, activities, and actions of the Chapter and shall not be liable for any act, error, omission, debt or other liability or obligation of the Chapter.
ARTICLE 4: MISSION
The Chapter and the BAHS shall seek to mutually support, assist and promote the growth, mission and objectives of each of the other and BAHS. The declared goals of the Chapter and those of BAHS must not be in opposition. Chapter shall endeavor to sponsor and conduct programs and activities that further the purposes and objectives of BAHS, and shall use its best efforts to ensure that such programs and activities are of the highest quality with respect to content, materials, logistical preparation and otherwise.
ARTICLE 5: CODE OF CONDUCT
Chapters are expected to adhere to the following conduct expectations:
ARTICLE 6: MANAGEMENT/BOARD RESPONSIBILITIES
ARTICLE 7: BYLAWS
The Chapter shall abide by and promote the purposes and objectives of BAHS as set forth in the most current version of BAHS mission, vision, goals, BAHS bylaws and this Charter Agreement.
ARTICLE 8: FISCAL MANAGEMENT
All chapters conducting fundraising may elect to use BAHS as its fiscal sponsor to allow for legal fundraising; raffles, auctions, etc.
Chapters must follow these guidelines:
1. Receiving gifts or donations on behalf of BAHS: Any event or request for funds solicited on behalf of BAHS must require that all gifts be made payable to: Blues Against Hunger Society, Inc.
2. No individuals may accept donations on behalf of BAHS; checks must be made payable to BAHS. The Chapter must make two (2) copies of all donation checks and submit one copy and the original checks to BAHS for deposit. The second copy is for the chapter’s files. Any checks written to individuals will not be accepted and are not considered gifts or donations to BAHS and are not tax-deductible. If cash gifts are received, please provide the donor with a receipt for the cash and submit a copy of the receipt and the cash to BAHS for deposit (see #3). Please submit all checks for deposit within two (2) weeks of the check’s date.
3. All funds collected by a Chapter will be earmarked for specific use for that Chapter, with 20% of the collected funds are paid to Blues Against Hunger Society, Inc to pay for specific relevant operating expenses including, but not limited to: liability insurance, accounting, maintenance of 501(c)(3) status (including annual tax returns and state and federal compliance requirements), and annual audit review.
Reimbursement of expenses:
Funds raised by a Chapter are available for Chapter expenses (see above paragraph). Please submit in advance of an event a basic budget or explanation of foreseen expenses. All reimbursable expenses must have been pre-approved by BAHS Board of Directors. All expenses will be paid on a reimbursement basis. Once a completed reimbursement form is submitted with corresponding receipts attached, the individual will be reimbursed within ten (10) business days. BAHS will make every attempt to reimburse funds immediately, so that there will be no financial hardship to the Chapter volunteer requesting reimbursement. Please submit reimbursement requests within two (2) weeks of the original expense. Requests submitted without proper documentation and/or receipts will not be reimbursed. It is highly recommended that each Chapter keep copies of all receipts and reimbursement requests for their files.
Any fundraising events or fund solicitations on behalf of BAHS must be approved by an authorized BAHS board member. All publicity for such activities must also be submitted for approval if BAHS appears in the text, whether written or electronic.
Conflict of Interest:
Chapters agree not to separately incorporate as a Section 501(c)(3) non-profit organization under the Internal Revenue Code. Chapters further agree not to use the BAHS name as the name of any separately incorporated entity.
ARTICLE 9: ACTIVITY REPORT
1. The Chapter shall submit a "Jamboree Report" within 72 hours of a Jamboree which summarizes the amount of food raised in pounds, funds raised in dollars, merchandise sold with design, size, and quantity, along with a minimum of one group photo of performing musicians. This can be done through the Charter Member area called "MyChapter".
2. Chapter shall submit monthly "Chapter Report" within 72 hours of a months end. The Chapter report is related to all of its programs, activities and operations, including without limitation, to budget, financial statements, a roster of current Chapter members with contact information, minutes of the meetings of its members and board of directors. This can be done through the Charter Member area called "MyChapter".
3. Upon written request of BAHS and at BAHS expense, Chapter shall permit BAHS or its agent to review appropriate records of Chapter pertaining to its programs, activities and operations. Alternatively, Chapter shall send to BAHS copies of such records.
ARTICLE 10: APPLICABLE LAW
This agreement is subject to the laws of the United States of America,and the State of Arizona, without regard to conflict of law rules.
ARTICLE 11: USE OF NAME AND LOGO
The chapter is authorized to use BAHS name, acronym, and logo in conjunction with the chapter’s name. BAHS will be the sole owner of the BAHS name, acronym, and logo. Individual chapter logos must be be designed and provided by BAHS.
Chapters will be named, “BAHS [Name] Chapter.” Chapters are expected to use their official name for social media accounts, bank accounts, advertising, and all other promotional purposes.
ARTICLE 12: BAHS’ 501(c)(3) STATUS
BAHS is a 501(c)(3) non-profit organization that seeks to fight hunger with live blues music events. 501(c)(3) organizations are non-partisan and prohibited from campaigning or helping political candidates directly or indirectly. Chapters who participate in campaign activities of any kind may jeopardize BAHS’ 501(c)(3) status. Chapters found participating in campaign activities will be disassociated immediately.
ARTICLE 13: RIGHT TO DISASSOCIATE
Either party may terminate this charter on 30 days written notice. In the event of breach by a party, the other may terminate immediately by written notice. Upon termination by either party for any reason, the chapter shall cease utilizing the name “BAHS,” which is owned completely and exclusively by BAHS and may no longer claim any affiliation with BAHS
If this chapter is found to be operating outside of the guidelines outlined by BAHS, and/or leaders or members of the chapter participate in activities or demonstrate conduct deemed inappropriate by BAHS, BAHS reserves the right to disassociate with the chapter and revoke the group’s right to operate under the BAHS name.
ARTICLE 14: PROPERTY OF BAHS
All materials and programs furnished by the BAHS will remain the sole and exclusive property of BAHS.
The Chapter Directors agree not to directly or indirectly compete with BAHS and its successors and assigns during the Chapter Charter term and for a period of 2 years following the term. The term “non compete” as used herein shall mean that the Chapter and its Directors shall not manage, operate, or start a food drive blues jam event that is substantially similar to, or competitive with, the present programs of BAHS.
ARTICLE 15: HOLD HARMLESS
The Chapter holds the Blues Against Hunger Society, Inc harmless from any action, claims, liability or loss in respect of the performance of services. The Chapter shall protect, defend, indemnify BAHS and their board. or members and their respective assigns, officers and directors harmless from and against all losses, costs, liabilities, claims, damages and expenses of every kind and character, as incurred, resulting from or relating to or arising out of (i) the inaccuracy, nonfulfillment or breach of any representation, warranty, covenant or agreement made by the Chapter in this Agreement. These indemnity obligations shall be in addition to any obligation that the Chapter may otherwise have.
The Chapter holds the Blues Against Hunger Society, Inc harmless from any action, claims, liability or loss in respect of the performance of the services.
The Blues Against Hunger Society is a non-profit organization. Our mission is to produce live blues music events that promote the collection and distribution of non-perishable food to the hungry while supporting, promoting and preserving the blues in the communities it serves. Become a BAHS Member TODAY!