Standard Form Sponsorship—Outgoing sponsorship agreement
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Signed as an Agreement
AND (if a company use the following signing block and delete the one for an incorporated association) SIGNED for and on behalf of [INSERT ORGANISATION NAME] (ACN: [INSERT ACN]) in accordance with section 127(1) of the Corporations Act 2001 (Cth)
AND
(and if for an incorporated association use the following signing block and delete the one above for a company) EXECUTED by [INSERT NAME OF INCORPORATED ASSOCIATION] (ABN: [INSERT ABN]), by its duly authorised officer,
SCHEDULE 1 All notes and examples (highlighted in blue) should be removed from Schedules 1 and 2 before the Sponsorship Agreement is provided to the Organisation Item 1: Organisation Details:
Item 2: State Details:
Item 3: The Initiative: [Describe the “Initiative”. The Agreement is drafted to provide for the hosting by the Organisation of the “Initiative”. The Organisation agrees to host the “Initiative” and the State agrees to provide a Sponsorship Fee and/or In-Kind Support towards the “Initiative”. The “Initiative” in this instance refers to the initiative, event, activity, parade, award ceremony, conference or asset of the Organisation which is being sponsored. Care must be taken to ensure the description of the “Initiative” is an accurate description of the event, activity, parade, award ceremony, conference or asset the Organisation intends to deliver.] For example: The “St Patrick’s Day Parade” is to be held by the Organisation in Brisbane on 14 March 2014. The Parade is held annually to acknowledge the heritage of those Irish descendants within the Queensland community. The Parade includes a number of Irish-themed floats and commences at 10:30am on the corner of George and Elizabeth Streets, moving down Elizabeth Street past The Irish Club, right into Edward Street, then right into Alice Street finishing at the corner of Alice and George Streets. The Parade includes an Irish Faire to be held at the end of George Street between the Botanic Gardens and Parliament House where there will be traditional Irish music, bag pipes and dancers, fantastic food and market stalls until 2.00pm. Item 3A Completion Date: [To be inserted. The “Completion Date” should be the last day upon which any activity takes place in relation to the Initiative, any part of the Sponsorship Entitlements or In-Kind Support are to be delivered or any part of the Sponsorship Fee is to be paid.] Item 4: Relevant Target Audience: [Under the Agreement the Organisation agrees to use its best endeavours to market the sponsored initiative to the “Relevant Target Audience”. Care must be taken to ensure the audience the State intends to promote its sponsorship of the Initiative to is described accurately.] For example: The Initiative will be conducted to attract the attendance of residents from Brisbane and South East Queensland. OR
Item 5: Outcomes: The required Outcomes of the Initiative are as follows: [Under the Agreement the Organisation must ensure the “Outcomes” are being achieved and provide the State with a “Final Report” at the end of the Initiative demonstrating how the Outcomes set by the State have been achieved. Provision of the Sponsorship Fee and/or In-kind Support (or part thereof) by the State may be dependent upon these Outcomes being satisfactorily achieved, as demonstrated in the Final Report, so it is important that these Outcomes are clearly defined.] For example:
Item 6: Sponsorship Entitlements: [Under the Agreement, the Organisation promises to provide the State with the “Sponsorship Entitlements” in exchange for the State contributing a Sponsorship Fee and/or In-Kind Support for the Initiative. It is to the State’s benefit to ensure the “Sponsorship Entitlements” are specified as clearly as possible. When drafting the “Sponsorship Entitlements” the responsible officer should always ask themselves the following (at a minimum):
For example: Naming Rights: The State will be acknowledged as the naming rights sponsor for one of the keynote speaker sessions. The keynote speaker sessions are allocated in consultation with the Initiative program committee. This acknowledgement includes acknowledgement in the Initiative program alongside the speaker’s name, acknowledgement by the session chairman and keynote speaker of the State’s support and the Restricted Logo screened during the relevant keynote presentation Signage: The State has the right to display two (2) signs one (1) with maximum dimensions of 6m x 10m, and one (1) with maximum dimensions of 10m x 15m) at the entrance to the building located at 10 Smith Street, Brisbane between 9am and 4pm on 10 July 2014, subject to the consent of the content of the signs by the Organisation. Acknowledgement The State will be acknowledged in all media announcements or speeches made by the Organisation between 10 March 2014 and 5 June 2014 as an “Official Sponsor” of the Initiative. The State acknowledges this is not an exclusive right and that there will be other “Official Sponsors” of the Initiative. The following statement will be included in all media announcements, speeches and Advertising Materials made or produced by the Organisation between the Commencement Date and 5 June 2014: “ Merchandise The State has the right to distribute its merchandise (limited to flyers, brochures and key rings) at the parade to be held as part of the Initiative at the Organisation’s office at 10 Smith Street, Brisbane between 10am and 1pm on 5 July 2014. Premier’s/Minister’s Attendance The Organisation will invite the Premier or appropriate representative to attend the parade at South Bank Parklands to be held as part of the Initiative at the South Bank Parklands, Brisbane between 10am and 1pm on 5 July 2014 to announce the State as the “Official Sponsor” of the Initiative in the speech to be given at 12pm. Logo The Restricted Logo will appear at the bottom right-hand side of the final page of all Advertising Materials distributed by the Organisation for the Initiative between 10 March 2013 and 5 June 2014, subject to the State’s consent of all Advertising Materials. The Restricted Logo and promotional sentence/paragraph provided by the State will appear on the “Sponsors” webpage at [Insert URL] produced by the Organisation for the Initiative between 10 March 2014 and 5 June 2014, subject to the State’s consent. The Restricted Logo will be no smaller in size than 3cm x 2cm and must appear in colour. The State acknowledges this right is non-exclusive. Tickets The State is entitled to three (3) complementary tickets to the conference to be held as part of the Initiative at the Organisation’s office at 10 Smith Street, Brisbane between 10am and 4pm on 10 August 2014. This includes attendance at all Initiative sessions and social functions. Trade Exhibition Booth: The State will be entitled to five (5) trade exhibition booths at the Initiative venue. Detailed floor plans will be available to the State prior to the commencement of the Initiative. Access to VIP delegates: The State will have preferential access to Australian and international VIP’s and key speakers. Item 7: Sponsorship Fee: [Please choose one option from below and delete the other, depending on whether a Sponsorship Fee is payable by the State or not. If a Sponsorship Fee is payable the relevant officer must also insert the Milestones to be achieved by the Organisation before an instalment of the Sponsorship Fee is payable by the State. It is important that these Milestones are clear. Once a particular Milestone has been achieved, the Organisation must submit a valid tax invoice to the State for that instalment amount. The State then has 14 days in which to make payment of that part of the Sponsorship Fee to the Organisation.] Option 1: No Sponsorship Fee payable Not applicable (In-Kind Support only) Option 2: Sponsorship Fee payable Sponsorship Fee: $[Insert amount] plus GST
Item 8: In-Kind Support: [Please choose one option from below and delete the other, depending on whether the State will provide In-Kind Support to the Organisation or not.] Option 1: No In-Kind Support Not applicable (Sponsorship Fee only) Option 2: In-Kind Support [Under the outgoing sponsorship agreements, the State promises to provide the Organisation with the “In-Kind Support” as a contribution to the Initiative. It is to the State’s benefit to ensure the “In-Kind Support” is specified as clearly as possible so there is no argument about what the State should be providing. When drafting the “In-Kind Support” the responsible officer should always ask themselves the following (as a minimum):
[For example: Product The State will provide the Organisation with 20,000 free day passes for travel on public transport to facilitate attendance at the Initiative to be held at the Brisbane Convention and Exhibition Centre on 1 June 2014. The day passes will be delivered by the State to the Organisation by 15 May 2014. Venue The State will provide the Organisation with reduced venue hire for the Initiative to be held at Staff The State will provide the Organisation, at no charge to the Organisation, additional Queensland Police Service rostered officers to control the CBD street procession as part of the Initiative to be held at South Bank Parklands, Brisbane between 12.00 noon and 2.00 pm on 1 September 2014. Item 9: Reasonable Market Value: [Under the Agreement, the State and the Sponsor must exchange valid tax invoices for the “Reasonable Market Value” of the “In-Kind Support” being provided by the State and the relevant portion of the “Sponsorship Entitlements” being provided by the Organisation (the remaining portion of the reasonable market value of the Sponsorship Entitlements will be equal to the Sponsorship Fee and will be reflected in the tax invoice issued in accordance with clause 6 of the Agreement). For tax purposes, the “Reasonable Market Value” of the In-Kind Support in combination with the Sponsorship Fee and the Sponsorship Entitlements are considered equal. Practically, it is the responsibility of the responsible officer to ensure the value of the In-Kind Support together with the Sponsorship Fee and the Sponsorship Entitlements represent a fair exchange. The responsible officer must specify the amount (exclusive of GST) that represents the value the In-Kind Support and the relevant portion of the Sponsorship Entitlements could be considered to be worth in the market. This amount must be a reasonable assessment of the value. The responsible officer must also insert the date by which the tax invoices for the reasonable market value of the In-Kind Support and the relevant portion of the Sponsorship Entitlements must be exchanged by the parties. This date is specified in the Agreement as 14 days after the “Completion Date”. Tax invoices for the reasonable market value of the Sponsorship Fee and the relevant portion of the Sponsorship Entitlements is dealt with in clause 6 of the Agreement.] $[Insert reasonable market value] plus GST Invoices will be exchanged by the Sponsor and the State no later than [Insert date 14 days after Completion Date] for the agreed reasonable market value of In-Kind Support and the relevant portion of the reasonable market value of the Sponsorship Entitlements. Item 10: Restricted Logo: 
Item 10A: Restricted Logo licence: [Please choose one option from below and delete the other, depending on whether the State is granting a licence to the Organisation to use the Restricted Logo. If a licence to use the Restricted Logo is being granted to the Organisation, if the State wants to allow the Organisation to use the Restricted Logo in manner which is different to that specified in Option 2 below, the responsible officer should refer the matter to legal officers within the relevant department or agency to make the necessary amendments to the Agreement.] Option 1: No licence to use Restricted Logo [Nothing in this Agreement permits the Organisation to use the Restricted Logo in its Advertising Materials for any purpose.] OR
[Subject to clauses 3.3 of this Agreement, the State has granted permission for the Restricted Logo to be used in conjunction with the Initiative, the State hereby grants to the Organisation a non exclusive, royalty free, non transferable licence to use the Restricted Logo in its Advertising Materials for the Term solely for the purpose of promoting the State’s association with the Initiative. The Organisation must: (a)not modify the Restricted Logo in any way without the consent of the State; (b)obtain the written consent of the State prior to publishing, producing, printing or distributing any material containing the Restricted Logo; (c)not forward, assign the use of or transfer the Intellectual Property in the Restricted Logo without the consent of the State; and (d)use the Restricted Logo in accordance with any style guides and guidelines for use provided by the State.]
SCHEDULE 2 FINAL REPORT [The Agreement requires the Organisation to submit a “Final Report” to the State within eight (8) weeks of the “Completion Date”. The State may also request a “Status Report” from the Organisation which progressively addresses those matters to be included in the Final Report with 7 days notice. In the majority of cases, payment of part of the Sponsorship Fee will be subject to the State’s consent of such a Final Report or Status Report. This Schedule includes a comprehensive list of matters to be addressed by the Organisation in the Final Report (and any Status Report requested by the State). These can and should be modified by the responsible officer to suit the particular Initiative.] Each section of the Final Report that is applicable to the Initiative must be completed.
Summary of the Initiative, its objectives and Outcomes and background to the Organisation.
Details of the sponsorship provided by the State including amount of the Sponsorship Fee, In-Kind Support and sponsorship category (if applicable).
Specific details of the Initiative including:
Report on how the Outcomes set out in the Agreement were achieved.
Report on how the Sponsorship Entitlements, including any State Acknowledgement, were delivered in accordance with the Agreement. This may include:
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