1. Awana International Canada (AIC) licenses youth ministry program materials (the “Awana program materials”) to local churches for use in their youth programs. The church named below (the “Church”) agrees to use the Awana program materials consistent with the principles expressed in this Agreement.
2. The Awana program and materials are available to all churches, who in good faith and understanding the Awana Doctrinal Statement, will use the materials of the Awana program materials as written.
3. By accepting this agreement, the Church expresses its desire to provide an Awana ministry to young people consistent with the principles expressed in this agreement.
4. This agreement shall be in full force and effect for a term of 12 months, expiring on September 30 of the year following the date set out above. This agreement may be renewed from year to year upon the mutual agreement of the Church and AIC. Renewal documentation will be sent to the Church in the spring of each year.
5. The Awana program carried on by the Church shall be a ministry of the Church, which is an independent purchaser of supplies, materials, and services from AIC. Save and except as otherwise provided for herein, the Church shall be solely responsible for all aspects of the Church’s local Awana program including but not limited to:
(i) operating the program;
(ii) the safety of all program participants;
(iii) compliance with all applicable laws;
(iv) the proper screening and hiring of staff and volunteers
(v) the training, control and supervision of staff and volunteers in all aspects of the Awana program conducted by the Church
6. The Church acknowledges that AIC makes no representation or warranty as to the leadership training available to the Church by AIC.
7. The Church and AIC are not partners, joint ventures, or co-participants in the Awana ministry neither carried on by the Church nor is the Awana program carried on by the Church an activity of AIC.
8. The Church shall indemnify and save harmless AIC, its offices, directors, and members from any and all claims or causes of action arising by reason of the Church carrying on the Awana program (s), including but not limited any claims by or against AIC, its members, officers and leaders, and any of the participants, employees and volunteers of the local Awana program, whether or not members of the Church.
9. Either party to this agreement may terminate it upon giving thirty (30) days prior written notice to the other party, provided such termination shall not terminate the indemnity provision set out in paragraph 8, the obligation of the Church to pay AIC for any supplies, materials or services provided to the Church by AIC, nor the obligations of the Church with respect to the Awana Property as set out in paragraph 11 hereof.
10. Nothing herein shall obligate AIC to accept the Church’s application for registration as a church authorized to carry on an Awana program.
11. Upon acceptance of the Church as an authorized provider of an Awana program, AIC agrees to provide the Church with Awana program materials and training with respect to same. Upon such acceptance of the Church, it is hereby licensed to use Awana program materials, the Awana ministry approach, and the Awana Property (as defined below), during the term of the agreement and any renewal hereof, in accordance with the terms of this agreement.
12. AIC desires that all churches providing an Awana ministry employ a consistent approach and practice. The Church agrees to conduct its Awana ministry in accordance with Awana program standards and policies, in effect from time to time, using Awana program materials, including the official uniforms and awards. The Church agrees that it will not modify the Awana program materials or omit any aspect of the Awana program as set out in the Awana program materials or otherwise directed by Awana.
13. It is agreed that all copyrights, trademarks, trade names, service marks and similar proprietary rights in and to the Awana program and any and all materials and methods provided by Awana Clubs International or Awana International Canada under this agreement, including without limitation the term “Awana” (together referred to as the “Awana Property”) are owned solely and exclusively by Awana Clubs International and that the Church may use the Awana Property only while this agreement is in effect. Such use shall be confined solely to publicity for, identification of, and conduct of activities sponsored by the Church’s Awana program. It is expected that advertising shall be confined to radio announcements and bulletins in church papers, local newspapers, web sites and telephone directories. The Church shall not use the Awana Property in the production or sale of proprietary materials such as clothing, porcelain, or ceramic ware, jewelry, or other tangible personal property. The Church agrees not to use the Awana Property in the publication of stories, articles, or other materials for any purpose other than the promotion of the Church’s Awana program. The Church agrees not to use any of the Awana Property following termination of this agreement or upon failure to renew this agreement.
14. This agreement shall be governed by the laws of the Province of British Columbia. The parties agree that, if they are unable to resolve a dispute or claim between themselves with respect to this agreement, the dispute or claim shall be submitted to biblically-based mediation and, if the dispute or claim is not then resolved, it shall be submitted to binding arbitration pursuant to the provisions of the Arbitrations Act, R.S.B.C. 1996, c.55 of the Province of British Columbia.
15. This agreement shall not be assigned by the Church without the prior written approval of AIC, which approval can be withheld at the sole discretion of AIC.
16. This agreement shall inure to the benefit of and be binding upon the parties, their successors and, in the case of the Church, permitted assigns.
17. Any notice to be given hereunder by any party to any other party shall be in writing and delivered personally or sent by ordinary, prepaid mail, if to Awana International Canada, to 2430 King George Blvd., Suite #101, Surrey, British Columbia, V4P 1H5 and if to the Church, to its address as shown on its application for registration as a church authorized to carry on an Awana program and submitted to Awana or such other address as subsequently provided to Awana by the Church.
18. This Agreement terminates on failure of the church to renew it by submitting its annual registration fee, or on AIC’s refusal to accept the fee. Either party may terminate this Agreement at any time prior to the end of the current term in its sole discretion and without cause by giving written notice to the other party. The Church agrees not to use any of the Awana program materials following termination of this Agreement.