This model agreement regarding a booster club, is presented to highlight the link between the district and a booster club, as upheld by the state athletic association. In many states, when the state high school athletic association does not hold this authority, it would not be obligatory.
Agreement between the School District and the School-wide Sports Booster Club 6
This agreement is entered into by and between the _______________ County [District] Board of Education (hereafter referred to as “Board” or the “District”) and an entity known as ________________________ (hereafter referred to as the “Booster Club”). Through this Agreement, the parties intend to set forth the Terms and Conditions under which a School-wide Sports Booster Club (SWSBC) may operate and associate with students, teachers, coaches and school administrators at ___________________________ High School.
TERMS AND CONDITIONS
1. The School-wide Sports Booster Club (SWSBC) acknowledges that the Board is responsible for the promotion of education and the general health and welfare of all students attending the ______________________ County Public Schools. In addition, the SWSBC acknowledges that the Board has control and management of funds and all public school property in its district and may use its funds and property to promote of District school public education [statute citation].
2. The SWSBC acknowledges that its activities could negatively impact compliance with Title IX of the Educational Amendments of 1972 (Title 20, U.S.C. 1681-1687, et seq.) by _____________________ High School and the Board. Therefore, the SWSBC acknowledges that, as a condition of membership in the [State High School Athletic Association], representatives of ____________________ High School and the Board must verify that the school complies with Title IX [federal and, if existing, state athletic equity law citation]. This includes, but is not limited to, financial management of all funds.
Accordingly, the SWSBC agrees to provide all information requested by _____________________ High School, the Board or the State High School Athletic Association for purposes of determining Title IX compliance. The SWSBC further agrees to refrain from engaging in any activity which, in the opinion of the principal or athletic director of _____________________ High School or the superintendent of the _______________ County Public Schools, adversely affect the school’s or the Board’s ability to comply with Title IX. In order to ensure this obligation, the school shall receive, review and distribute all moneys through the school’s athletic director. As the sole-source financial manager for booster (and similar) funds, the athletic director is responsible for maintaining a single accounting that ensures equitable benefits for the overall athletic program.
3. The SWSBC shall, on or before [date] (for the 20__ school year), and [date] (for the 20__ school year), designate a representative for purposes of communicating with and providing true and accurate information to the Board and _____________________ High School.
4. Upon request of the principal or athletic director of ________________________ High School, or upon request of the superintendent of the _______________________ County Public Schools, the SWSBC shall make available a full and complete list of its members.
5. In addition to complying with the requirements of Title IX of the federal law (and any existing state laws) internal accounting, and all other relevant statutes and regulations, the SWSBC shall, upon the request of the principal or athletic director of ______________________ High School, or on the request of the superintendent of the _______________________ County Public Schools, provide a full and complete accounting of all moneys raised, as well as a full and complete accounting of all moneys expended, including date of expenditure, team for which expenditure was made, and item paid for. In addition, if requested to do so, the SWSBC shall also provide audited financial records concerning its activities.
6. On or before [date] (for the 20__ school year), and [date] (for the 20__ school year), the SWSBC shall advise the principal and athletic director of _________________________ High School of all fundraising activities planned for the upcoming year. To the extent the SWSBC (or any individual team booster club that is a member thereof) seeks to engage in additional fundraising activities, it shall give at least _____ days notice of the intended activity.
7. The principal and athletic director of _______________________ High School and the superintendent of the ______________________ County Public Schools expressly reserve the right to reject any fundraising activity for any reason. The SWSBC agrees that it and any of its members shall not engage in any fundraising activity that has not been approved or that has been rejected by the principal or athletic director of ______________________ High School or the superintendent of the ___________________________ County Public Schools.
8. By executing this document through its designated representative, all members, officers, and representatives of the SWSBC agree to abide by the terms and conditions set forth below as well as those additional terms and conditions that may be required by the Board.
The designated representative of the SWSBC represents and agrees that he/she will provide a copy of this agreement to all members of the School-wide Sports Booster Club.
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I hereby acknowledge that I am a representative of the _________________________ SWSBC and that I am authorized to act on its behalf. I further agree that this SWSBC and its members shall abide by the Terms and Conditions set forth above. I further agree to immediately report to the principal and athletic director of ____________________ High School and to the superintendent of the ____________________ County Public Schools any violation or breach of this agreement.
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