RESF Application Agreement & Terms
By submitting an application, you, the Applicant, agree to the following terms:
You agree that the information you have provided in your grant application along with any other information that you have provided to RESF during or as part of your grant application process is true and correct, and that if there is any change to any such information, you will notify the RESF Facilitators immediately. You agree to the RESF Terms and process located and as described at www.BeachBind.com/RESF and otherwise linked from that page.
You consent to and will cooperate with the RESF, its Facilitators, and Grant Selection Board with respect to the grant application process, including any investigation or vetting, references, and background checks that the GSB or Facilitators conduct, and you agree to allow the RESF through its representatives to conduct any such investigations regarding you or to otherwise take any reasonable action it deems necessary to verify any statements or information provided by you. You agree that your failure to cooperate in any aspect of the grant application process as determined by RopeLab in its sole discretion, including any investigation or verification, including as to application information or fulfilment of the grant purpose, as requested by RopeLab, shall be grounds for termination and disqualification of your grant application or grant award as determined by RopeLab, the Facilitators, and/or the GSB.
You agree that if you are awarded a grant:
You will use the grant for the purposes of the grant as described in your award letter. If you do not use the grant for such purpose and complete the education specified, you will immediately return the full amount of the grant to RopeLab or as RopeLab directs.
If you use less than the full value of the grant award for the specified grant opportunity or fail to use all or any portion of the grant award within one year of the grant for such purpose, that you will immediately return the unused amount of the grant to RopeLab or as RopeLab directs.
You will be encouraged to cooperate with RopeLab and its partners regarding the publicity of the grant award, and generally agree to allow RopeLab to use your scene name (e.g. FetLife or Instagram name, not your real name), along with any photos you choose to provide or approve, to promote the purpose of the RESF.
You will promptly, no more than 7 days from the date of any award letter, execute the full terms and conditions and acceptance agreement as requested by the grant award letter, and example of which is below, and you understand that if you do not, you will forfeit the grant.
RESF GENERAL GRANT TERMS, CONDITIONS AND UNDERSTANDINGS
In addition to the specific terms and conditions in the grant award letter sent to you, which is incorporated herein, RopeLab, LLC (“RopeLab”) DBA BeachBind, and its project, The Rope Education Scholarship Fund (“RESF”), in partnership with _______________________, a 501(c)3 organization, is awarding this grant to you as the Grantee (“you”) contingent upon the following:
Expenditure of Funds:
This grant is being made to you, and you agree to accept the grant under these terms. You agree that the grant is for the specific educational purpose outlined in your grant application and the grant award letter, or if applicable, as modified by the grant award letter, which shall control to the extent of a conflict (The “Grant Purpose”). You agree that the grant funds may not be expended for any other purpose without the written approval of the RESF Facilitators.
If the grant is intended to support a specific project or to provide general support for a specific period, any portion of the grant unexpended at the completion of the project or the end of the period shall be returned immediately to RopeLab or as directed by RopeLab.
You agree that you will not and may not use the grant funds for any purpose other than the Grant Purpose, and specifically, that you may not expend any grant funds for any political or lobbying activity or for any purpose other than one specified in section 170(c)(2)(b) of the Internal Revenue Code.
You agree that you will not and may not assign, or otherwise transfer, your rights or delegate any of your obligations under this grant.
You agree to keep a record of all relevant documentation, receipts, and expenditures relating to this grant and the Grant Purpose, including your execution and completion thereof, and to provide to the RESF Facilitators with all such documentation along with a written report summarizing the project promptly following the end of the period during which you are to use all grant funds. The RESF Facilitators may also require interim reports. Your reports should describe your progress in achieving the Grant Purposes and include an accounting of the uses or expenditure of all grant funds. You also agree to provide any other information reasonably requested by the RESF Facilitators.
You agree to provide the RESF Facilitators with immediate written notification of: (1) Your inability to expend the grant funds or fully complete the Grant Purpose; (2) any expenditure from this grant made for any purpose other than Grant Purpose as intended; (3) any excess funds not used for the Grant Purposes.
You agree to allow the RESF Facilitators and its partner(s) to review and approve the text of any proposed publicity concerning this grant prior to its release. You agree to cooperate and assist in the general promotion of RESF to help raise awareness and to encourage others to apply for RESF grants, including, for example, by making organic social media posts regarding RESF and/or your grant purposes and how RESF helped you. The RESF Facilitators may include information regarding this grant, including the amount and purpose of the grant, any photographs you may have provided or approved, your scene name (not your real name), or other information or materials about your grant activities, in RESF’s, RopeLab's, and/or BeachBind’s emails, social media, websites, and other general news releases, announcements, publicity, and marketing.
RopeLab reserves the right in its sole discretion to terminate, postpone, cancel, discontinue, modify, or withhold any grants or payments to be made under this grant award or to require a total or partial refund of any grant funds if, in RopeLab's sole discretion, such action is necessary: (1) because you have not fully complied with the terms and conditions of this grant or Grantee fails to complete and/or make satisfactory progress toward the Grant's Purpose(s), (2) any information on your application or provided to us during the application process by you or anyone else is false or untrue or Grantee's application or any required report is otherwise inaccurate in any material respect; (3) RopeLab learns of information that, had it or the GSB known during the application process, may have affected its decision to award the grant; (4) you engage in conduct at any time that in RopeLab’s sole discretion deems you ineligible to receive the grant, that would have affected the decision to award this grant to you had it became known during the application process or prior to the award grant, or that otherwise, at RopeLab’s discretion, if such conduct is not in-line or representative of the missions, principles, ethics, or goals of the RESF, RopeLab, or BeachBind; (5) to protect the purpose and objectives of the grant or any other charitable or business activities of RopeLab or its partners; or (6) for any other reason in RopeLab’s sole discretion, including to comply with the requirements of any law or regulation applicable to you, RESF, RopeLab, its partners, or this grant.
You agree that you will return and repay the grant to RESF, or as RopeLab directs, immediately if 1) you do not completely fulfill the Grant Purposes (i.e. attend or complete educational opportunity described in your grant letter); 2) you do not provide verification or documentation as required hereunder evidencing your completion thereof, or other verification as reasonably requested by the RESF Facilitators satisfactory to the RESF Facilitators at their sole discretion relating to your attendance and completion of the grant activities and Grant Purpose.
You agree that you will not apply for nor be eligible for another grant through RESF or its predecessors for at least 3 years from the date of the Award.
You warrant and represent that the information you have provided in your grant application along with any other information provided to you during or as part of your grant application process is true and correct, and that there has not been a change to any such information. You warrant and represent that you have not ever been declared a sex offender or have been convicted of any sex crime or violent crime. You warrant and represent that you have not been involved in any consent incident or accused of a consent violation, or banned from a kink or rope group, organization, or event, that has not been fully and truthfully disclosed to the GSB or the RESF Facilitators.
If the RESF Facilitators do not receive signed copies of its grant award letter and of these general grant terms within seven (7) days after the date of the RESF grant award letter, this grant may be revoked.
Governing Law. The state and federal courts in Columbus, Ohio will have exclusive jurisdiction over any and all disputes arising out of, or in any way related to, this Agreement, and Grantee shall submit to the personal jurisdiction of those courts. The laws of the State of Ohio shall apply to any such disputes without regard to any conflict of law principles.
Assignment. Grantee will directly and personally complete the project or program (the Grant Purpose) being supported by this Agreement. Notwithstanding any provision in this Agreement to the contrary, RopeLab may assign all or any part of its right, title, and interest in this Agreement. Grantee may not assign this Agreement, in whole or in part, without RopeLab's prior written consent.
No Third-Party Benefit. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.
Complete Agreement. This Agreement, including all attachments and other documents which are incorporated by reference herein, including the Grant Award Letter, is the parties' final and binding expression of their agreement and the complete and exclusive statement of its terms. This Agreement cancels, supersedes, and revokes all prior negotiations, representations, and agreements between the parties, whether oral or written, relating to the subject matter of this Agreement. No change to this Agreement will be effective unless signed by both parties.
Severability; No Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective.