1. artsVest™ Program Terms and Conditions for Participating Arts Organizations
1.1 For the purposes of these terms and conditions, “artsVest organization” means the pre-approved artsVest organization that shall receive financial support from Business for the Arts (BftA) out of the funds contributed by Canadian Heritage and other funders under this agreement.
1.2 The artsVest organization agrees to demonstrate possession of the relevant skills and/or expertise according to the submitted application and shall demonstrate its ability to carry out the activities of the project/programming outlined in its proposal and properly manage the financial component of the project/programming.
1.3 The artsVest organization agrees to disclose in the Confirmation Agreement for funding all proposed sources of partnership funding activities within the scope of the artsVest project/programming.
1.4 The artsVest organization warrants that the Confirmation Agreement accurately reflects what it intends to do, that the information contained therein is accurate, and that all relevant information is disclosed.
1.5 Where the artsVest organization is an unincorporated organization applying under an umbrella organization, it is agreed that the umbrella organization signing this agreement on behalf of the unincorporated organization shall be personally, jointly and severally liable of all obligations, covenants and liabilities assumed by artsVest organizations under this agreement.
1.6 The artsVest organization understands and agrees that the release of matching funds is conditional upon receipt and acceptance of appropriate financial and activity reports, enabling BftA to account, in a timely fashion, for the contribution, in accordance with the requirements set for that purpose in this agreement.
1.7 The artsVest organization shall, upon request of BftA, and without delay, provide any information as BftA may require concerning the agreement.
1.8 The artsVest organization agrees to provide for reimbursement, without delay, of any overpayment, unexpended balances and disallowed costs resulting from payments made under the agreement.
1.9 The artsVest organization agrees to provide for the acknowledgement of the contribution in any promotional activity related to the funding received.
1.10 The artsVest organization agrees that all materials prepared for the program are the exclusive property of BftA and that by participating in the program, case studies, photos and videos of artsVest participants may be published by or on behalf of BftA in any or all of the following media: published in print or posted online for download, in online photo albums, on photo/video sharing sites such as Flickr, YouTube and Vimeo, and/or on social media sites such as Facebook, Twitter, Google +, WordPress, and Tumblr. Photos and videos may also be made available on CD, DVD, or Flash Memory devices at the sole discretion of BftA.
1.11 The artsVest organization authorizes BftA to contact the business partners directly to verify the validity of the documents provided, including authenticity of cheques, in-kind sponsorship invoices, etc.
1.12 BftA agrees to provide the artsVest organization with necessary advice and support to assist it in carrying out the project/programming activities and shall also take appropriate measures to ensure that the artsVest organization complies with the program terms and conditions. Such measures may include: monitoring the activities through telephone calls and interviews; requesting to review financial records specific to artsVest program.
1.13 The artsVest organization agrees that all information provided to BftA and Canadian Heritage related to the activities under this agreement is subject to the Access to Information Act, R.S., 1985, c. A-1 (Reference: http://laws.justice.gc.ca/en/A-1/index.html) and to the Privacy Act, R.S., 1985, c. P-21 (Reference: http://www.priv.gc.ca/legislation/02_07_01_e.cfm).
1.14 The artsVest organization agrees to follow the Human Rights Code that protects people against discrimination in employment, accommodation, goods, services and facilities, and membership in vocational associations and trade unions. The Human Rights Code prohibits discrimination on the following grounds: race, ancestry, place of origin, color, ethnic origin, citizenship, creed (religion), sex (including pregnancy), sexual orientation, disability, age, marital status, family status, receipt of public assistance (in accommodation only) and record of offences (in employment only). Failure to comply with the Human Rights Code will render the applicant ineligible for matching funds, and in the event a matching fund is released to the recipient, liable to repay the grant in its entirety at the request of BftA.
1.15 .The artsVest organization consents not to hold liable BftA and Canadian Heritage for any injury, including death to any person, or for any loss or damage to property of the artsVest organization or for any obligation of the artsVest organization or anyone else, incurred or suffered by the artsVest organization or its employees, agents or voluntary workers in carrying out the Project.
1.16 The artsVest organization agrees to save harmless and indemnify BftA and Canadian Heritage and her/his employees and agents from and against all claims, losses, damages, costs, expenses, including reasonable solicitor/client fees, administrative fees and disbursements and all claims, demands, actions and other proceedings made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner based upon, occasioned by or attributable to any injury to or death of a person or environmental effect or damage to or loss of property arising directly or indirectly and whether by reason of anything done as a result of any willful or negligent act or delay on the part of the artsVest organization or its employees, agents or voluntary workers in carrying out the Project, except that BftA and Canadian Heritage shall not claim indemnification under this section to the extent that the injury, loss or damage has been caused by BftA and Canadian Heritage or her/his employees or agents.
1.17 The artsVest organization agrees to govern and interpret this agreement in accordance with the applicable laws of the Province of residence of the artsVest organization or main place of business.
1.18 The artsVest organization agrees that all disputes under this contract shall not be pursued through civil action in the courts but shall be resolved through arbitration, before a single arbitrator, using the services of a commercially-recognized alternate dispute resolution body in Toronto, Ontario.
1.19 If a dispute arises under this contract, the parties shall first meet in an effort to resolve the matter amicably through consultation. If the matter cannot be resolved within 30 days after such a dispute has arisen, either party may then refer the matter to arbitration in accordance with this article.
1.20 Where there is a default or where, in BftA’s opinion, there is likely to be a default under this agreement, BftA may reduce the contribution level, suspend any payment, rescind this agreement and immediately terminate any financial obligation arising out of it and require repayment of amounts already paid.
1.21 The following constitute events of default:
1.21.1 The artsVest organization becomes bankrupt
1.21.2 The artsVest organization is dissolved
1.21.3 In BftA’s opinion, there is a change in risk that would jeopardize the success of the Project
1.21.4 The artsVest organization, either directly or through its representatives, makes or has made a false or misleading statement or representation in respect of any matter related to this Agreement other than in good faith to BftA
1.21.5 In BftA’s opinion, a term, condition, commitment or obligation provided for in the agreement has not been respected or complied with or the artsVest organization is no longer eligible under the “Eligibility Criteria” of the program
1.21 BftA may not terminate this agreement unless it has served written notice to the artsVest organization of the event of default and the artsVest organization has failed to remedy the default within a period of thirty (30) days from the date that the written notice was served. At the expiration of the thirty (30) days, BftA may terminate this agreement and rely on any remedy provided for under this agreement if it deems that the artsVest organization has not remedied the event of default in a satisfactory manner.