Welcome to our Agency Agreement resource tool!
This is designed to provide clear explanations, in layman's terms, for each clause in your Agency Agreement with The Great Commission Foundation.
If you have further questions please direct them to your Applications Team contact.
| CLAUSE | EXPLANATION |
|---|---|
| A. The Foundation is a charitable trust, established by a Deed of
Settlement made as of September 1, 2002. The Foundation is a public
foundation that is registered with the Canada Revenue Agency (with
Canadian Charitable Registration Number 859928483 RR0001). B. The Foundation’s objects are: a. the advancement of Christianity by spreading its principles; b. the relief of poverty by the assistance to those persons lacking the necessities of life by giving them food, clothing, shelter or financial assistance; c. the advancement of education including, without limitation, by the teaching of scripture and the promotion of literacy; and d. the advancement of other “charitable purposes” as defined within subsection 149.1(1) of the Income Tax Act, which includes the disbursement of funds to “qualified donees” as also defined in subsection 149.1(1). (the “Foundation’s Charitable Objects”). |
The Great Commission Foundation (the “Foundation”) is registered under the Canada Revenue Agency as a public foundation. The charitable objectives of the Foundation include the advancement of the Christian faith, the relief of poverty, the advancement of education, and associated charitable purposes. Throughout the Agency Agreement (“Agreement”), the Foundation is referenced as the “Foundation”. |
| C. The Ministry is an agent of the Foundation with compatible objects. The Ministry’s objects are set out in Schedule “A”. | The Foundation works with Christian non-profits, registered
charities, and ministries with similar charitable objectives.
Ministries may be individuals or groups. The Foundation
supports ministries through the following forms of assistance:
donation and receipting, bookkeeping and accounting, wages
and benefits, and government compliance. The relationship
between the Foundation and the Ministry is “Principal”
and “Agent”. This means the Foundation uses ministries
to carry out its charitable activities. Ministries are defined
as “Agents” of the Foundation. These terms may be used
interchangeably. For the purposes of this resource, the term
“Ministry” will be used. The Ministry’s “objects” refer to the charitable activities of the Ministry. These activities must fall under one of the categories of the Foundation’s charitable activities outlined above. |
| D. The Foundation wishes to advance the Great Commission of Jesus Christ and the Foundation’s Charitable Objects by commissioning projects as set out herein and by engaging the Ministry as the Foundation’s agent to carry out such projects on its behalf. | The Foundation seeks to work with Agents to fulfill the Great Commission as defined in the Gospel of Matthew 28:19- 20. The charitable activities of the Ministry are supported through the Foundation’s administrative resources. In providing administrative support to ministries, the Foundation fulfils its charitable objectives through the charitable activities of the Ministry. |
| E. The Ministry has the required skill, experience, facilities, services, and personnel for effectively and efficiently implementing the projects set out herein on behalf of the Foundation. The Ministry is ready, willing, and able to act as agent for the Foundation in respect of the projects set out herein. NOW THEREFORE in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties hereto agree as follows: | The Foundation is confident the Ministry has the capability of successfully completing its charitable activities. The Ministry wants to complete charitable activities under the supervision of the Foundation and is ready to do so. |
1. Terms of Engagement
| CLAUSE | EXPLANATION |
|---|---|
| 1.1 The Foundation hereby engages the Ministry as its agent to carry out the projects set out in Schedule “A”, as amended from time to time (collectively the “Projects” and each a “Project”), and the Ministry agrees to act as such agent strictly in accordance with the terms of this Agreement. | Prospective ministries are vetted by the Foundation’s
applications team and are required to provide a detailed
description of the charitable activities they engage in. In the
Agreement, the charitable activities of the Agent are called
“Project(s)”. The activities of the Ministry must align with the charitable objectives of the Foundation to ensure compliance with applicable legislation. For example, if the Foundation processes donations on behalf of a ministry, those donations must be allocated to the Project(s) outlined in “Schedule A”. Applicable information includes the charitable objectives of the Ministry, the geographical location where the projects will be taking place, associated timelines, the amount of donations the Ministry is seeking, and how the Ministry plans |
| 1.2 If any of the Foundation’s funds or property are to be used in the acquisition, construction or improvement of immovable property, the Ministry agrees that a separate agreement shall be entered into by the Ministry and the Foundation (the “Capital Project Funding Agreement”). If a third party (the “Third Party”) plans to own or hold the property, the Third Party shall also be a party to the Capital Project Funding Agreement. The Capital Project Funding Agreement shall include a provision whereby the Ministry and the Third Party agree that the property shall be used solely for the purpose of fulfilling the Foundation’s Charitable Objects. The Ministry may carry out the Projects by engaging such sub-contractors as it deems necessary for the effective and efficient execution of the Projects. The Ministry shall remain responsible for all activities conducted by such sub-contractors. | While engaging in Projects, the Ministry may construct, lease, or renovate real property. If the Ministry wishes to use funds from the Foundation for these expenses, the Ministry must enter into a Capital Project Funding Agreement with the Foundation. These agreements are necessary to demonstrate compliance with the Canada Revenue Agency’s (“CRA”) guidance to ensure charitable organizations are using funds appropriately. The Ministry is only permitted to use funds from the Foundation on real property if the only purpose for the real property is to support the Ministry’s Projects. |
| 1.3 Any capital property acquired by the Ministry with the funds of the Foundation shall be used exclusively for the Foundation’s Charitable Objects for the life of the property, and a report on the use of the property shall be given to the Foundation yearly or on a more frequent basis, if the Foundation requires. | Capital property includes any depreciable property (e.g. vehicles, equipment, and buildings) and non-depreciable property (e.g. stocks, bonds, partnership interests, and land other than buildings). Any capital property the Ministry purchases or otherwise obtains with funds from the Foundation can only be used to fulfil the Projects outlined in the Agreement. The Ministry is required to report on how the property is being used for charitable activities to ensure compliance with applicable laws. |
| 1.4 Any work, construction or operation of any kind whatsoever performed by the Ministry pursuant to this Agreement shall be performed only in strict compliance with all governing laws, statutes or ordinances. | The Ministry must comply with all applicable legislation, regulations, statutes and ordinances when completing construction on capital property using funds from the Foundation. |
| 1.5 The Ministry shall not engage in any political activities which directly or indirectly support or oppose a political party or candidate for public office. | The Income Tax Act does not permit charitable organizations or foundations to be involved in the indirect or direct support or opposition of candidates for political offices or political parties. For further information, please see the CRA’s public policy dialogue. |
| 1.6 The Ministry shall not apply any of the resources of the Foundation to the direct or indirect support of terrorism. The Ministry also represents and warrants that it does not support and has never supported and will not in future support, directly or indirectly, any terrorist activities or terrorist groups. | The Ministry is prohibited from using funds from the Foundation to support terrorist activities. The Charities Registration (Security Information) Act, (S.C. 2001, c. 41, s. 113) and the Income Tax Act prohibit charitable organizations from engaging in terrorist activities. If a charitable organization is found to be engaging in terrorist activities, their charitable registration may be revoked. For further information, please see the CRA’s “Checklist for charities on avoiding terrorist abuse”. |
| 1.7 This Agreement shall not be construed so as to constitute the parties hereto as partners, joint venturers, employees or representatives of the other for any purposes other than the relationship as set forth in this Agreement. | As stated, the relationship between the Foundation and the Ministry is “Principal” and “Agent”. This means the Foundation uses ministries to carry out its charitable activities. As such, the Ministry does not have the ability to represent or act on behalf of the Foundation outside of the of the Agreement. The Ministry is not an employee of the Foundation, and as such is not entitled to the same rights as an employee. |
2. Intellectual Property
| CLAUSE | EXPLANATION |
|---|---|
| 2.1 All intellectual property (including copyright and moral rights) created by the Ministry with funds provided by the Foundation (the “Intellectual Property”) shall be owned by the Ministry. The Ministry agrees to use the Intellectual Property solely in furtherance of the Foundation's Charitable Objects. The Ministry hereby grants to the Foundation a worldwide perpetual and irrevocable royalty-free license to use the Intellectual Property in the charitable activity of The Foundation. | Intellectual property (“IP”) includes intangible assets like patents, copyrights, trademarks, or industrial designs.[1]
For example, the Ministry may create a logo for their Ministry to use on their website. If the Ministry uses funds from the Foundation to create IP, the Ministry owns that IP, but the Foundation will always be able to use the IP for free to engage in its charitable activities. The Ministry is not allowed to charge or invoice the Foundation for using their IP. The Ministry cannot limit how the Foundation uses the Ministry’s IP to support the Foundation’s charitable activities. The Foundation may use this IP on its website or social media platforms when highlighting the work of this Ministry. |
| 2.2 The Ministry further grants an irrevocable royalty-free license to the Foundation for the use of Ministry’s name, logo, stories, videos or images (the “Ministry’s Intellectual Property”) for use by the Foundation for promoting the Foundation’s marketing efforts. The Foundation shall use the license for charitable activities and shall not commercialize the Ministry’s Intellectual Property. | Under the Agreement, the Ministry provides the Foundation with a free license to use their IP to promote the charitable activities of The Foundation. The Foundation may use the IP of the Ministry to advertise their relationship and support further charitable activities. The Foundation will not use the Ministry’s IP for any purpose other than furthering its charitable objectives. |
3. Reporting Requirements
| CLAUSE | EXPLANATION |
|---|---|
| 3.1 The Ministry shall report to the Foundation on a quarterly basis or on a more frequent basis if the Foundation requires with regards to the delivery of services in relation to the Project(s) (the “Ministry Report”). The Foundation shall establish and direct the reporting requirements and may modify the reporting as needed. The Ministry agrees to provide all supporting information requested by Foundation to enable it to ensure the satisfactory delivery of the Project(s). | The Ministry is required to report to the Foundation quarterly, semi-annually, or annually based on the status and progress of their Projects. Ministry Account Advisors will send the Ministry “Ministry Reports” to complete to ensure the Projects of the Ministry comply with applicable laws, policies from the CRA, and the Agreement. Based on the Ministry’s Projects, the Foundation may require additional supporting documentation (e.g. receipts, leases, deeds, or other agreements) to ensure compliance with CRA requirements and guidance. |
| 3.2 The Ministry Report provided by the Ministry shall be a written report, at a minimum, summarizing the activities engaged on behalf of the Foundation by the Ministry during the reporting period in relation to the Project(s). The Ministry Report shall include an assessment of both the qualitative and quantitative achievement of objectives set out in the Projects, along with supporting documentation, supporting records, project/ministry-specific operational reporting, photos, ministry records including invoices, agreements, or other accounting for the expenditure of the Foundation’s funds and any other relevant materials. | As noted, Ministry Reports are completed by the Ministry to
ensure compliance with CRA requirements and guidance.
Some of the information the Ministry provides includes: · The focus of the Ministry’s projects over the past quarter; · How the funds from the Foundation have aided ministry activities; · How an individual, family, or community has been impacted through the Ministry’s Project(s) during the past quarter; · Whether there have been significant changes in the Ministry’s Projects; · Whether the Ministry is planning any fundraising activities in Canada; · Whether the Ministry is planning to use funds from the Foundation for any capital purchases, including land purchases, building projects, renovations, ministry vehicle purchases, or large equipment purchases; and · How the Foundation can be praying for the Ministry. The Foundation may require additional information based on the information provided and the ministerial activities of the Agent. |
| 3.3 The Ministry shall also provide to the Foundation, on a quarterly basis or on a more frequent basis if the Foundation requires, a financial accounting report (the “Financial Accounting Report”) on the administration and application of the Foundation’s funds for the Projects. Each Financial Accounting Report shall show (to a journal entry level of detail) the receipts and disbursements of any funds received from the Foundation under the control of or for the benefit of the Ministry during the reporting period, as well as a comparison of budgeted to actual expenditures for capital and operating costs. | The Ministry is required to provide the Foundation with “Financial Accounting Reports” quarterly, semi-annually, or annually. The frequency of reports depends on the level of activity on the Ministry’s accounts. These reports show how the Ministry uses funds provided by the Foundation to ensure compliance with the CRA, and compare the Ministry’s projected and actual expenses for capital purchases and operating expenses. To ensure the funds provided by the Foundation are used to further the Ministry’s Projects, supporting documentation is necessary. This may include bank statements, receipts, contracts, agreements, payroll, and other evidence of expenditures. |
4. Payment for Services and Accounting of Funds
| CLAUSE | EXPLANATION |
|---|---|
| 4.1 A budget for each Project shall be established and agreed upon by the parties before the commencement of the Project. Each budget shall set out the plan for spending on both capital and operating costs and shall indicate how such funds are to be spent. For Projects lasting multiple years, budgets shall be established on an annual basis for each fiscal year during the life of the Project. Funds received by the Ministry from the Foundation in accordance with this Agreement shall be carefully disbursed only in strict accordance with the relevant budget. Nothing in this Agreement constitutes an obligation for the Foundation to disburse funds to the Ministry. | The Foundation requires the Ministry to provide a budget detailing how the Foundation’s funds will be used to complete the Project(s). The Budget is found in Schedule A of this Agreement. The budget is required to show how the Ministry will be using the funds from the Foundation to complete the Project(s). The Foundation will only advance funds to the Ministry if the Ministry’s expenses align with the Project(s) and there are sufficient donations in their account. If the Project(s) are longer than one year, the Ministry needs to submit an updated budget each year. |
| 4.2 The Foundation agrees to reimburse the Ministry for services performed by the Ministry for the fulfillment of the Projects. The Ministry agrees to provide all supporting information justifying the expenses incurred in relation to the services rendered to fulfil the Projects. The Foundation shall have the right to decline payment for any services which, in its absolute discretion, are not approved by the Foundation as per section 4.1 or in accordance with the Projects. The Foundation shall not be obligated to provide any funds for any of the purposes set out herein except for legitimate and verified costs incurred by the Ministry on behalf of the Foundation. The Foundation shall have the right to accept, adjust or reject any line-item entry or invoice. Any adjustment, rejection of any line item or invoice will result in a modification of the corresponding monies owing by the Foundation to the Ministry. | The Foundation will repay the Ministry for expenses associated with its Projects provided they have sufficient donations in their funds. To receive reimbursement, the Ministry will submit expense reports to the Foundation. The Foundation has sole decision-making authority to not disburse funds for activities that do not align with the charitable activities outlined in Schedule A. The Foundation is only responsible for providing funds to the Ministry that are required under the Agreement. The Foundation has the right to amend any invoice or expense provided by the Ministry, and the Foundation will reimburse the Ministry in accordance with the amended amount. |
| 4.3 The Ministry may submit capital purchase and project proposals. The Ministry agrees to provide all supporting information justifying the proposal and expenses incurred in relation to the proposal rendered to fulfil the Projects. The Ministry agrees that capital purchases shall be used for purposes that fulfill or substantially fulfill the projects. The Foundation shall have the right to decline proposals and payment for proposals which, in its absolute discretion, are not approved by the Foundation or in accordance with the Projects. If approved, the Ministry shall provide all requested receipts and reporting documents to the Foundation. For capital purchase, the Ministry shall provide an annual Asset Usage Report to be completed for the life of the asset. The Foundation shall not be obligated to provide any funds for any of the purposes set out herein other than the amounts required to reimburse the Ministry for legitimate and verified costs incurred on behalf of the Foundation. The Foundation shall have the right to accept, adjust or reject any line-item entry or invoice. Any adjustment, rejection of any line item or invoice will result in a modification of the corresponding monies owing by the Foundation to the Ministry. | Capital purchases may include large pieces of equipment or vehicles. The use of this equipment or vehicle must be for all or substantially all (90%) purposes related to the Ministry’s Project(s). The Ministry is required to submit a “Ministry Vehicle Purchase Proposal” or “Large Equipment Purchase Proposal” to the Foundation if they wish to use funds through the Foundation for a capital purchase. The Foundation will assess whether the proposal aligns with the Ministry’s Project(s). If approved, the Ministry will be required to comply with the Foundation’s policies regarding the use of capital purchases and complete the Foundation’s “Asset Usage Report”. |
| 4.4 The Ministry shall maintain full and complete books and records of all receipts and disbursements of any funds received from The Foundation. A complete record of all agreements, deeds, vouchers, receipts, and invoices with respect to each Project shall be maintained by the Ministry on behalf of the Foundation and electronic copies shall be sent to the Foundation upon request. The Foundation and Ministry acknowledge and agree that the records of the Ministry may be maintained electronically in a location outside of Canada. Upon request, a copy of these records shall be made available to the Foundation in an electronically readable and useable format and that such records shall contain adequate details to support the expenses incurred on behalf of the Foundation. The Foundation shall have the unfettered right at any time to inspect any books, records, or accounts kept by the Ministry which relate to any services provided in connection with the Projects. | The Ministry is responsible for maintaining complete books and records of all funds received from The Foundation. This includes fees, agreements, deeds, receipts, vouchers, invoices and any other documents relating to the activities of the Ministry. The Ministry will keep copies of all documents and send copies electronically to The Foundation as requested. These documents will show the expenses incurred on behalf of the Foundation. The Foundation may save these documents outside of Canada. The Foundation may review the books, records, or accounts relating to the ministerial activities of the Ministry at any time. |
| 4.5 All expenditures of the Foundation made by and through the Ministry shall remain segregated and apart from the Ministry’s own expenditures so that the role of the Ministry in any particular activity or program is separately identifiable in relation to the fulfillment of the Foundation’s Charitable Objects. | The Ministry must keep all expenses relating to the Foundation separate and apart from expenses not processed through the Foundation. The expenses using funds from the Foundation must be distinct to ensure the Foundation’s funds are only used for the charitable activities outlined in Schedule A. The Ministry may wish to open a separate bank account for these expenses, but a separate bank account is not required. |
5. Donations, Administration Fee and HST/GST Rebate
| CLAUSE | EXPLANATION |
|---|---|
| 5.1 The Ministry agrees, understands, and acknowledges that: a. the Foundation retains authority over the use of its resources; b. donor(s) to the Foundation might indicate a preference that their donations be applied to certain Project(s) to be carried out by the Ministry (the “Donor Preference”). In these circumstances, the Foundation will consider the Donor Preference; c. the Foundation has the ultimate authority over the use of its resources, including the use of all donations to the Foundation; d. donations will not be returned to donors if the funds are not used in accordance with the Donor Preference; and e. the Foundation can still give effect to a Donor Preference by using the donation to carry on its own activities through an intermediary, such as the Ministry, provided that the Foundation exercises direction and control over the use of the Foundation’s resources. | Donors may select a specific Ministry they wish to financially contribute to on The Foundation’s website. The Foundation will try to honor the donor’s wish but cannot guarantee they will do so. The Foundation will not return donations to donors if the funds cannot be allocated to the specified ministry. All donations made to the Foundation belong to the Foundation, but the Foundation seeks to honor the donor preferences. |
| 5.2 The Foundation shall charge an administration fee (“Administration Fee”) to cover all the costs necessary for the Foundation to fulfill this Agreement, such as legal, accounting, bookkeeping, management and other administrative and associated costs. The Administration Fee for this Agreement will be in accordance with Schedule “C”. | The Foundation supports ministries in providing bookkeeping and accounting, donation and receipting, wage and benefit, and government compliance support. The fees associated with the Foundation’s work are outlined in Schedule C of the Agreement. |
| 5.3 The Foundation shall charge additional fees (“Additional Fees”) for other charges incurred by the Ministry, such as credit card processing fees and other service charges, in accordance with Schedule “C”. | The Foundation uses third party platforms to process credit card information and donations made on the Foundation’s website. For donations made by credit card or Interac e-Transfer®, the additional processing fees outlined in Schedule C apply. |
| 5.4 The Foundation reserves the right to review and adjust the Administration Fee and Additional Fees as listed in Schedule “C”. The Foundation will endeavor to make adjustments annually but reserves the right to adjust the Administration Fees and Additional Fees at any time. | At any time the Foundation wishes, the Foundation may change the administration fees and additional fees in Schedule C. The Foundation will try to only make these changes once per year or less. |
| 5.5 The Foundation is permitted to deduct the Administration Fee and Additional Fees from any donations where a Donor Preference has been specified for the Project(s) of the Ministry and this deduction shall occur at the time the donation is made. | The Foundation will deduct the Administration and Additional Fees outlined in Schedule C on donations where a “Donor Preference” has been made. Due to the additional administrative expense of these donations, the associated fees are higher than general donations. |
| 5.6 The Foundation, as the charitable organization, shall retain any GST/HST Public Service Bodies’ Rebate relating to any expenses incurred in relation to the Project(s). | The Foundation is a registered charitable organization and is eligible for the Public Service Bodies’ Rebate. The Foundation will calculate its eligibility for this rebate using expenses incurred by the Projects of the Ministry. The Foundation will not return this rebate to the Ministry. |
| 5.7 The Ministry is solely liable for any losses to the Ministry, the Foundation, and the Merchant Service platforms used by the Foundation which results from fraud or misuse of the Merchant Service Platforms by the Ministry and associated third parties. | The Ministry is responsible for any losses resulting from fraud or misuse by any party associated with the Ministry using the donation processing platforms used by the Foundation. This includes any losses that the Foundation, the donation processing platform (“Merchant Service Platform”), or the Ministry incurs. |
6. Indemnity and Release
| CLAUSE | EXPLANATION |
|---|---|
| 6.1 Save and except for gross negligence, willful misconduct and fraud, the Foundation shall not be liable for anything arising out of, in connection with, or otherwise relating to or in respect of this Agreement or the Project(s). | The Foundation will only be liable to the Ministry if the Foundation seriously and irreparably acts without appropriate care under this Agreement. |
| 6.2 Save and except for gross negligence, willful misconduct and fraud, the Ministry hereby irrevocably and unconditionally agrees to defend, indemnify, hold harmless, release, waive, discharge and covenant not to sue the Foundation and its affiliates, subsidiaries, divisions, members, directors, trustees, officers, employees and Ministry’s (herein the “Releasees”), for and from all claims of any nature, including but not limited to, any and all liability to the Ministry, its volunteers and personnel, or other third parties, on account of injury or death or injury to the property to any of the volunteers or personnel of the Ministry or other third persons, whether caused or contributed to by the Releasees or otherwise while the Ministry and its volunteers and personnel are participating in Projects. | The Ministry will hold the Foundation harmless for all legal claims while engaging in the Projects outlined in this Agreement. This clause applies to all volunteers and personnel of the Ministry, as well as any third party. The Ministry is individually responsible for defending and otherwise holding the Foundation harmless in the event of a legal claim. |
7. Insurance
| CLAUSE | EXPLANATION |
|---|---|
| 7.1 The Ministry shall obtain and maintain commercial general liability
insurance for any aspect of their work in North America or Europe,
as the case may be, relating to any Projects, and shall name the
Foundation as an Additional Insured on the policy. The policy shall
provide for thirty (30) days notice of cancellation in writing to the
Foundation. For naming purposes, the Foundation’s legal name and
address are: The Great Commission Foundation P.O. Box 14006 Abbotsford, British Columbia V2T 0B4 (legal@thegc.org) |
The Ministry must purcahase and maintain commercial general liability insurance for their Projects in North America and Europe. The Ministry must name the Foundation as an additional insured with the legal name and address listed in the Agreement. The Ministry is responsible for ensuring the insurer provides the Foundation with thirty (30) days’ notice of cancellation in writing. |
8. Commencement and Termination
| CLAUSE | EXPLANATION |
|---|---|
| 8.1 This Agreement will be in force from the date that the Agreement is signed by both parties, and shall remain in force until it is superseded or replaced by a subsequent agreement or until it is terminated in accordance with section 9.2 | This Agreement is valid and enforceable the day it is signed
until one of the following occurs: 1. The Foundation and the Ministry enter into a new agreement; 2. The Ministry giving thirty days notice; or 3. The Foundation immediately terminates the agreement. All changes or revisions to the Agreement must be made in writing. The Agreement replaces all agreements the Ministry and the Foundation had before, including written and verbal agreements. |
| 8.2 Termination of this Agreement shall occur upon one or more of the
following: a. This Agreement may be terminated by either party without cause by giving not less than thirty (30) calendar days’ written notice to the other party. b. Provided that the parties have acted reasonably and in good faith have attempted to resolve conflicts, the Foundation may immediately terminate this Agreement for default by giving written notice to the Ministry where the Ministry fails to carry out any of its obligations under this Agreement. Prior to any notice of termination, the Foundation shall provide a written notice to the Ministry requiring the Ministry to cure such default to the reasonable satisfaction of the Foundation within a reasonable period specified in the said notice (the “cure period”). In the event that the Ministry fails to cure the said default by the end of the cure period, the Foundation may terminate the Agreement at the end of the expiration of the cure period. c. Where any party becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or takes the benefit of any statute relating to bankrupt or insolvent debtors, or where a receiver is appointed under a debt instrument passed for the winding up of the party, as the case may be, the other party or parties to this Agreement may immediately terminate for default this Agreement after providing a written notice to the other parties. |
This Agreement my be terminated in any one of the following
circumstances: a. The Foundation or the Ministry giving 30 days notice. This notice can only be given if both parties have fully followed the terms of the Agreement; b. If the Foundation finds out the Ministry is failing to follow the Agreement and both the Foundation and the Ministry have tried to solve the issue, the Foundation will write to the Ministry on how to follow the Agreement. If the Ministry does not take the necessary steps required by the Foundation to follow the Agreement during the Foundation’s time frame, the Foundation can end the Agreement; or c. If either the Foundation or the Ministry becomes bankrupt or otherwise is required to wind up or restructure, the Agreement will terminate out of default after written notice is provided. |
| 8.3 In the event of termination, the Foundation shall not be required to make additional payments or instalments, and the Ministry shall refund to the Foundation any monies advanced by the Foundation in connection with any Project in Schedule “A”, not expended or not used in accordance with the terms of this Agreement. | If the Agreement ends, the Foundation will not make further payments to the Ministry and the Ministry is required to reimburse the Foundation for all funds that were not used in connection with any Project(s). |
9. General Terms
| CLAUSE | EXPLANATION |
|---|---|
| 9.1 All communications provided for or permitted hereunder by any party shall be in writing and delivered to the other party through each party’s authorized representative(s). Notice shall be delivered to the Ministry to authorized representative(s) listed in Schedule “D”, and to the Foundation, as listed in section 7.1, as amended from time to time. Any party may change their authorized representative(s) and/or their contact information by giving notice in the foregoing manner. | The Foundation and the Ministry may change who is authorized to communicate with one another. All changes to this Agreement need to be made in writing and only between the Foundation and the Ministry’s authorized representatives. |
| 9.2 This Agreement shall be binding on the successors of the parties. | The Ministry and the Foundation’s subsequent representatives are responsible for following the terms of the Agreement. |
| 9.3 This Agreement shall not be assignable by the Ministry without the prior written consent of the Foundation. | The Ministry cannot transfer to any other person or entity the rights or responsibilities in this Agreement unless the Foundation agrees to it. |
| 9.4 If any covenant or obligation set forth in this Agreement or the application of it to either party or to particular circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such obligation to the parties or circumstances other than those to which it is held invalid or unenforceable shall be separately valid and enforceable to the fullest extent permitted by law. | If there is an amendment to the legislation or a change in CRA’s guidance and a clause of the contract is determined to be unenforceable, the rest of the Agreement will still be valid and enforceable. |
| 9.5 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. | The applicable laws of Ontario and Canada will govern the terms of the Agreement. |
| 9.6 This Agreement, including any schedules attached to it, may be amended only by further written agreement by the parties. | All changes to this Agreement must be in writing. |
| 9.7 This Agreement, including any schedules attached to it, constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes any and all previous agreements, understandings and arrangements between or among the parties. | The Agreement covers all of the rights and responsibilities of both the Foundation and the Ministry. All previous agreements, both written and verbal, are replaced with this Agreement. |
| 9.8 This Agreement may be executed electronically and/or in any number of counterparts, each of which shall be deemed to be an original and such counterparts together shall constitute one original agreement. This Agreement shall be effective and enforceable upon execution by all parties. | The Agreement may be signed or delivered in multiple parts - all pages form one full Agreement. The Foundation and the Ministry may sign the Agreement using electronic signatures. The Agreement will be enforceable on the date the last party signs the Agreement. |
Schedule “A” - Ministry Project Summaries
| CLAUSE | EXPLANATION |
|---|---|
| This document is a schedule to the Agency Agreement (“Agreement”)
between The Great Commission Foundation (the “Foundation”),
the [NAME OF MINISTRY] (the “Ministry”) dated October__, 2024
and contains supplementary information relating to the Projects to
be carried out pursuant to it. All of the terms and conditions of the
Agreement apply to the Projects and no provision of this Agreement
shall be applied or interpreted in a manner that contradicts it. Where
a provision of this Schedule contradicts a provision of the Agreement,
the provision in the Agreement shall prevail. The charitable purposes and/or objectives of the Ministry are: The Ministry’s anticipated project(s) locations: The Ministry’s projects start and end dates: The Ministry plans to use the funds for the furthering of the project(s) by (list the types of expenses which the Ministry plans on submitting for reimbursement): Ministry Project Deliverables (Outputs and Target Date) |
The scope of the ministerial activities of the Agent shall be detailed to ensure compliance with the CRA and terms of the Agent becoming a project of the Foundation. |
| Ministry Budget (Link to Budget: 2024 Agency Agreement Budget.pdf) | The Ministry is required to provide the Foundation a completed budget. The budget is required to show how the Ministry will be using the funds from the Foundation to complete the Project(s) |
13 The Great Commission Foundation Schedule “B” - Statement of Faith and Code of Conduct
| CLAUSE | EXPLANATION |
|---|---|
| THE MINISTRY, understands and agrees with the following: Statement of Faith We believe that the Bible is the inspired, inerrant, infallible, and authoritative Word of God. We believe that there is one God, eternally existent in three persons: Father, Son and Holy Spirit. We believe in the deity of our Lord Jesus Christ, in His virgin birth, in His sinless life, in His miracles, in His vicarious and atoning death through His shed blood, in His bodily resurrection, in His ascension to the right hand of the Father, and in His personal return in power and glory. We believe that all human beings have sinned and are thus subject to God’s just condemnation, but salvation is available to all by grace through faith in the Lord Jesus Christ. We believe in the resurrection of both the saved and the lost, they that are saved unto the resurrection of life and they that are lost unto the resurrection of damnation. Without mental reservation, I hereby subscribe to the above statements. Code of Conduct The Great Commission Foundation (“the Foundation”) seeks to partner with people, projects, activities and organizations who are dedicated to helping fulfill the Great Commission as defined in the gospel of Matthew 28: 19-20. The Foundation is a Christian based organization, and therefore expects its partners and employees to live a life that is consistent with biblical standards in the following: To love and serve others (Colossians 3:12-15; John 13:34-35; Romans 15:5; Ephesians 4:32) To live a life consistent with the Scriptures and refrain from following the desires of our sinful nature. (Galatians 5:19-21; 1 Corinthians 6:12- 20; Colossians 3:5-9) To maintain the highest ethical standards in ministry and personal life. (1 Timothy 3:1-7; Titus 3:2-7) To be an example of Christ in overall life – in speech, faith, purity, love. (1 Timothy 4:12; Philippians 2:14-15; 1 Thessalonians 4:7; Colossians 3:12-17; Ephesians 5:2; Colossians 3:17) |
The Foundation maintains a Christian, biblical worldview to support individuals, missionaries, non-profits, charities, churches and project-based ministries to fulfil the Great Commission as defined in the gospel of Matthew 28:19-20. The Foundation only enters into Agreements with ministries that understand and agree with the Code of Conduct and Statement of Faith. The Foundation requires all ministries to live in accordance with the Code of Conduct in both their professional and personal lives. |
Schedule “C” - Fees
| CLAUSE | EXPLANATION |
|---|---|
| THE MINISTRY, understands and agrees with the following: 1. In accordance with section 5.2 of the Agreement, an Administration Fee of ___% shall be charged on all donations where a Donor Preference is made for any Project(s) which the Ministry is fulfilling on behalf of the Foundation. 2. In accordance with section 5.3 of the Agreement, the Additional Fees of: a) 2.5% shall be charged on all donations where a Donor Preference is made for any Project(s) which the Ministry is fulfilling on behalf of the Foundation and where the Foundation is charged for the processing of the donor’s payment via merchant services, other than for the purpose of section 2(b). b) 2.0% shall be charged on all donations where a Donor Preference is made for any Project(s) which the Ministry is fulfilling on behalf of the Foundation and where the Foundation is charged for the processing of the donor’s payment via Interac e-Transfer®. |
The Foundation will charge an administration fee on any funds received where the donor preference for the funds includes one of the projects of the Ministry. As outlined in the Agreement, additional fees will be charged if a “Donor Preference” is made, or the donor makes a donation using credit card or Interac e-Transfer®. |
Schedule “D” - Ministry Authorized Representatives
| CLAUSE | EXPLANATION |
|---|---|
| The Ministry hereby authorizes the following person(s) to direct and
receive information from the Foundation: Name; Email; Address; Telephone No. |
The Ministry must provide the names and contact information for three people who can direct activity on their account and receive information from the Foundation on behalf of the Ministry. |
Specialized Terms
| CLAUSE | EXPLANATION |
|---|---|
| Service Commitment The Ministry will be seeking payment for Project(s) which include the specialized training of persons for the advancement of the Ministry (the “Specialized Training”). If the Specialized Training is not used for the advancement of the Ministry, an unreasonable personable benefit may be conferred on the persons receiving the Specialized Training. As such, the Ministry hereby agrees that any persons receiving the Specialized Training as a result of funds received by the Foundation shall serve in active (specified commitment) following the receipt of the Specialized Training. If the persons receiving the Specialized Training fail to fulfill this condition, the Ministry will repay all of funds used for this Special Training to the Foundation upon demand. |
This clause is applicable to ministries who use the Foundation’s funds to engage in additional training or education for the purpose of carrying out their Projects. To ensure the Foundation’s funds are used to support the Ministry’s projects and comply with the guidance provided by the CRA, the Ministry must agree to serve based on the specified commitment after successfully completing this training. If the Ministry does not serve in accordance with the commitment in the Agreement after training, the Ministry will be required to reimburse the Foundation for the fees used for this specialized training. |
| Sub-Agency The Sub-Ministry and the Ministry, hereby understand and agree with the following: a. The Sub-Ministry has been designated under this Agreement to carry out the duties of the Ministry. b. The Foundation hereby engages the Sub-Ministry as its agent to carry out the projects set out in Schedule “A1”, as amended from time to time (collectively the “Projects” and each a “Project”). Any term or condition in this Agreement referencing Schedule “A” will also be read to include reference to Schedule “A1”. c. Section 10.1 below shall be modified to reference the Sub- Ministry’s list of authorized representatives in accordance with Schedule “D1”, as amended from time to time. d. The Sub-Ministry shall be subject to each of the terms and conditions in this Agreement. Any term or condition referencing the Ministry shall be read to also require the Sub-Ministry to accord with the same terms and conditions. e. The Sub-Ministry shall be entitled to exercise each of the rights of the Ministry and shall be entitled to each of the benefits of the Ministry as they relate to the performance of the Ministry’s obligations herein. f. The Sub-Ministry shall comply with the terms and conditions of this Agreement notwithstanding the Ministry’s compliance with the terms and conditions herein. |
The Ministry may wish to work with another ministry to fulfil the Project(s). This ministry is named a “Sub-Ministry”. The Sub-Ministry is required to follow all of the terms of the Agreement. Sub-Ministry Agreements contain additional Schedules outlining how their charitable activities fulfil the Ministry’s projects. The Sub-Ministry has the same rights under the Agreement as the Ministry. |
| CLAUSE | EXPLANATION |
|---|---|
| A. The Foundation is a charitable trust, established by a Deed of
Settlement made as of September 1, 2002. The Foundation is a public
foundation that is registered with the Canada Revenue Agency (with
Canadian Charitable Registration Number 859928483 RR0001). B. The Foundation’s objects are: a. the advancement of Christianity by spreading its principles; b. the relief of poverty by the assistance to those persons lacking the necessities of life by giving them food, clothing, shelter or financial assistance; c. the advancement of education including, without limitation, by the teaching of scripture and the promotion of literacy; and d. the advancement of other “charitable purposes” as defined within subsection 149.1(1) of the Income Tax Act, which includes the disbursement of funds to “qualified donees” as also defined in subsection 149.1(1). (the “Foundation’s Charitable Objects”). |
The Great Commission Foundation (the “Foundation”) is registered under the Canada Revenue Agency as a public foundation. The charitable objectives of the Foundation include the advancement of the Christian faith, the relief of poverty, the advancement of education, and associated charitable purposes. Throughout the Agency Agreement (“Agreement”), the Foundation is referenced as the “Foundation”. |
| C. The Ministry is an agent of the Foundation with compatible objects. The Ministry’s objects are set out in Schedule “A”. | The Foundation works with Christian non-profits, registered
charities, and ministries with similar charitable objectives.
Ministries may be individuals or groups. The Foundation
supports ministries through the following forms of assistance:
donation and receipting, bookkeeping and accounting, wages
and benefits, and government compliance. The relationship
between the Foundation and the Ministry is “Principal”
and “Agent”. This means the Foundation uses ministries
to carry out its charitable activities. Ministries are defined
as “Agents” of the Foundation. These terms may be used
interchangeably. For the purposes of this resource, the term
“Ministry” will be used. The Ministry’s “objects” refer to the charitable activities of the Ministry. These activities must fall under one of the categories of the Foundation’s charitable activities outlined above. |
| D. The Foundation wishes to advance the Great Commission of Jesus Christ and the Foundation’s Charitable Objects by commissioning projects as set out herein and by engaging the Ministry as the Foundation’s agent to carry out such projects on its behalf. | The Foundation seeks to work with Agents to fulfill the Great Commission as defined in the Gospel of Matthew 28:19- 20. The charitable activities of the Ministry are supported through the Foundation’s administrative resources. In providing administrative support to ministries, the Foundation fulfils its charitable objectives through the charitable activities of the Ministry. |
| E. The Ministry has the required skill, experience, facilities, services, and personnel for effectively and efficiently implementing the projects set out herein on behalf of the Foundation. The Ministry is ready, willing, and able to act as agent for the Foundation in respect of the projects set out herein. NOW THEREFORE in consideration of the mutual covenants herein contained and other good and valuable consideration, the parties hereto agree as follows: | The Foundation is confident the Ministry has the capability of successfully completing its charitable activities. The Ministry wants to complete charitable activities under the supervision of the Foundation and is ready to do so. |
1. Terms of Engagement
| CLAUSE | EXPLANATION |
|---|---|
| 1.1 The Foundation hereby engages the Ministry as its agent to carry out the projects set out in Schedule “A”, as amended from time to time (collectively the “Projects” and each a “Project”), and the Ministry agrees to act as such agent strictly in accordance with the terms of this Agreement. | Prospective ministries are vetted by the Foundation’s
applications team and are required to provide a detailed
description of the charitable activities they engage in. In the
Agreement, the charitable activities of the Agent are called
“Project(s)”. The activities of the Ministry must align with the charitable objectives of the Foundation to ensure compliance with applicable legislation. For example, if the Foundation processes donations on behalf of a ministry, those donations must be allocated to the Project(s) outlined in “Schedule A”. Applicable information includes the charitable objectives of the Ministry, the geographical location where the projects will be taking place, associated timelines, the amount of donations the Ministry is seeking, and how the Ministry plans |
| 1.2 If any of the Foundation’s funds or property are to be used in the acquisition, construction or improvement of immovable property, the Ministry agrees that a separate agreement shall be entered into by the Ministry and the Foundation (the “Capital Project Funding Agreement”). If a third party (the “Third Party”) plans to own or hold the property, the Third Party shall also be a party to the Capital Project Funding Agreement. The Capital Project Funding Agreement shall include a provision whereby the Ministry and the Third Party agree that the property shall be used solely for the purpose of fulfilling the Foundation’s Charitable Objects. The Ministry may carry out the Projects by engaging such sub-contractors as it deems necessary for the effective and efficient execution of the Projects. The Ministry shall remain responsible for all activities conducted by such sub-contractors. | While engaging in Projects, the Ministry may construct, lease, or renovate real property. If the Ministry wishes to use funds from the Foundation for these expenses, the Ministry must enter into a Capital Project Funding Agreement with the Foundation. These agreements are necessary to demonstrate compliance with the Canada Revenue Agency’s (“CRA”) guidance to ensure charitable organizations are using funds appropriately. The Ministry is only permitted to use funds from the Foundation on real property if the only purpose for the real property is to support the Ministry’s Projects. |
| 1.3 Any capital property acquired by the Ministry with the funds of the Foundation shall be used exclusively for the Foundation’s Charitable Objects for the life of the property, and a report on the use of the property shall be given to the Foundation yearly or on a more frequent basis, if the Foundation requires. | Capital property includes any depreciable property (e.g. vehicles, equipment, and buildings) and non-depreciable property (e.g. stocks, bonds, partnership interests, and land other than buildings). Any capital property the Ministry purchases or otherwise obtains with funds from the Foundation can only be used to fulfil the Projects outlined in the Agreement. The Ministry is required to report on how the property is being used for charitable activities to ensure compliance with applicable laws. |
| 1.4 Any work, construction or operation of any kind whatsoever performed by the Ministry pursuant to this Agreement shall be performed only in strict compliance with all governing laws, statutes or ordinances. | The Ministry must comply with all applicable legislation, regulations, statutes and ordinances when completing construction on capital property using funds from the Foundation. |
| 1.5 The Ministry shall not engage in any political activities which directly or indirectly support or oppose a political party or candidate for public office. | The Income Tax Act does not permit charitable organizations or foundations to be involved in the indirect or direct support or opposition of candidates for political offices or political parties. For further information, please see the CRA’s public policy dialogue. |
| 1.6 The Ministry shall not apply any of the resources of the Foundation to the direct or indirect support of terrorism. The Ministry also represents and warrants that it does not support and has never supported and will not in future support, directly or indirectly, any terrorist activities or terrorist groups. | The Ministry is prohibited from using funds from the Foundation to support terrorist activities. The Charities Registration (Security Information) Act, (S.C. 2001, c. 41, s. 113) and the Income Tax Act prohibit charitable organizations from engaging in terrorist activities. If a charitable organization is found to be engaging in terrorist activities, their charitable registration may be revoked. For further information, please see the CRA’s “Checklist for charities on avoiding terrorist abuse”. |
| 1.7 This Agreement shall not be construed so as to constitute the parties hereto as partners, joint venturers, employees or representatives of the other for any purposes other than the relationship as set forth in this Agreement. | As stated, the relationship between the Foundation and the Ministry is “Principal” and “Agent”. This means the Foundation uses ministries to carry out its charitable activities. As such, the Ministry does not have the ability to represent or act on behalf of the Foundation outside of the of the Agreement. The Ministry is not an employee of the Foundation, and as such is not entitled to the same rights as an employee. |
2. Intellectual Property
| CLAUSE | EXPLANATION |
|---|---|
| 2.1 All intellectual property (including copyright and moral rights) created by the Ministry with funds provided by the Foundation (the “Intellectual Property”) shall be owned by the Ministry. The Ministry agrees to use the Intellectual Property solely in furtherance of the Foundation’s Charitable Objects. The Ministry hereby grants to the Foundation a worldwide perpetual and irrevocable royalty-free license to use the Intellectual Property in the charitable activity of The Foundation. | Intellectual property (“IP”) includes intangible assets like
patents, copyrights, trademarks, or industrial designs. For
example the Ministry may create a logo for their Ministry
to use on their website. If the Ministry uses funds from the
Foundation to create IP, the Ministry owns that IP but the
Foundation will always be able to use the IP for free. Though the Ministry owns the IP, the Foundation will always be able to use it to engage in its charitable activities. The Ministry is not allowed to charge or invoice the Foundation for using their IP. The Ministry cannot limit how the Foundation uses the Ministry’s IP to support the Foundation’s charitable activities. |
| 2.2 The Ministry further grants an irrevocable royalty-free license to the Foundation for the use of Ministry’s name, logo, stories, videos or images (the “Ministry’s Intellectual Property”) for use by the Foundation for promoting the Foundation’s marketing efforts. The Foundation shall use the license for charitable activities and shall not commercialize the Ministry’s Intellectual Property. | Under the Agreement, the Ministry provides the Foundation with a free license to use their IP to promote the charitable activities of The Foundation. The Foundation may use the IP of the Ministry to advertise their relationship and support further charitable activities. The Foundation will not use the Ministry’s IP for any purpose other than furthering its charitable objectives. |
3. Reporting Requirements
| CLAUSE | EXPLANATION |
|---|---|
| 3.1 The Ministry shall report to the Foundation on a quarterly basis or on a more frequent basis if the Foundation requires with regards to the delivery of services in relation to the Project(s) (the “Ministry Report”). The Foundation shall establish and direct the reporting requirements and may modify the reporting as needed. The Ministry agrees to provide all supporting information requested by Foundation to enable it to ensure the satisfactory delivery of the Project(s). | The Ministry is required to report to the Foundation quarterly, semi-annually, or annually based on the status and progress of their Projects. Ministry Account Advisors will send the Ministry “Ministry Reports” to complete to ensure the Projects of the Ministry comply with applicable laws, policies from the CRA, and the Agreement. Based on the Ministry’s Projects, the Foundation may require additional supporting documentation (e.g. receipts, leases, deeds, or other agreements) to ensure compliance with CRA requirements and guidance. |
| 3.2 The Ministry Report provided by the Ministry shall be a written report, at a minimum, summarizing the activities engaged on behalf of the Foundation by the Ministry during the reporting period in relation to the Project(s). The Ministry Report shall include an assessment of both the qualitative and quantitative achievement of objectives set out in the Projects, along with supporting documentation, supporting records, project/ministry-specific operational reporting, photos, ministry records including invoices, agreements, or other accounting for the expenditure of the Foundation’s funds and any other relevant materials. | As noted, Ministry Reports are completed by the Ministry to
ensure compliance with CRA requirements and guidance.
Some of the information the Ministry provides includes: · The focus of the Ministry’s projects over the past quarter; · How the funds from the Foundation have aided ministry activities; · How an individual, family, or community has been impacted through the Ministry’s Project(s) during the past quarter; · Whether there have been significant changes in the Ministry’s Projects; · Whether the Ministry is planning any fundraising activities in Canada; · Whether the Ministry is planning to use funds from the Foundation for any capital purchases, including land purchases, building projects, renovations, ministry vehicle purchases, or large equipment purchases; and · How the Foundation can be praying for the Ministry. The Foundation may require additional information based on the information provided and the ministerial activities of the Agent. |
| 3.3 The Ministry shall also provide to the Foundation, on a quarterly basis or on a more frequent basis if the Foundation requires, a financial accounting report (the “Financial Accounting Report”) on the administration and application of the Foundation’s funds for the Projects. Each Financial Accounting Report shall show (to a journal entry level of detail) the receipts and disbursements of any funds received from the Foundation under the control of or for the benefit of the Ministry during the reporting period, as well as a comparison of budgeted to actual expenditures for capital and operating costs. | The Ministry is required to provide the Foundation with “Financial Accounting Reports” quarterly, semi-annually, or annually. The frequency of reports depends on the level of activity on the Ministry’s accounts. These reports show how the Ministry uses funds provided by the Foundation to ensure compliance with the CRA, and compare the Ministry’s projected and actual expenses for capital purchases and operating expenses. To ensure the funds provided by the Foundation are used to further the Ministry’s Projects, supporting documentation is necessary. This may include bank statements, receipts, contracts, agreements, payroll, and other evidence of expenditures. |
4. Payment for Services and Accounting of Funds
| CLAUSE | EXPLANATION |
|---|---|
| 4.1 A budget for each Project shall be established and agreed upon by the parties before the commencement of the Project. Each budget shall set out the plan for spending on both capital and operating costs and shall indicate how such funds are to be spent. For Projects lasting multiple years, budgets shall be established on an annual basis for each fiscal year during the life of the Project. Funds received by the Ministry from the Foundation in accordance with this Agreement shall be carefully disbursed only in strict accordance with the relevant budget. Nothing in this Agreement constitutes an obligation for the Foundation to disburse funds to the Ministry. | The Foundation requires the Ministry to provide a budget detailing how the Foundation’s funds will be used to complete the Project(s). The Budget is found in Schedule A of this Agreement. The budget is required to show how the Ministry will be using the funds from the Foundation to complete the Project(s). The Foundation will only advance funds to the Ministry if the Ministry’s expenses align with the Project(s) and there are sufficient donations in their account. If the Project(s) are longer than one year, the Ministry needs to submit an updated budget each year. |
| 4.2 The Foundation agrees to reimburse the Ministry for services performed by the Ministry for the fulfillment of the Projects. The Ministry agrees to provide all supporting information justifying the expenses incurred in relation to the services rendered to fulfil the Projects. The Foundation shall have the right to decline payment for any services which, in its absolute discretion, are not approved by the Foundation as per section 4.1 or in accordance with the Projects. The Foundation shall not be obligated to provide any funds for any of the purposes set out herein except for legitimate and verified costs incurred by the Ministry on behalf of the Foundation. The Foundation shall have the right to accept, adjust or reject any line-item entry or invoice. Any adjustment, rejection of any line item or invoice will result in a modification of the corresponding monies owing by the Foundation to the Ministry. | The Foundation will repay the Ministry for expenses associated with its Projects provided they have sufficient donations in their funds. To receive reimbursement, the Ministry will submit expense reports to the Foundation. The Foundation has sole decision-making authority to not disburse funds for activities that do not align with the charitable activities outlined in Schedule A. The Foundation is only responsible for providing funds to the Ministry that are required under the Agreement. The Foundation has the right to amend any invoice or expense provided by the Ministry, and the Foundation will reimburse the Ministry in accordance with the amended amount. |
| 4.3 The Ministry may submit capital purchase and project proposals. The Ministry agrees to provide all supporting information justifying the proposal and expenses incurred in relation to the proposal rendered to fulfil the Projects. The Ministry agrees that capital purchases shall be used for purposes that fulfill or substantially fulfill the projects. The Foundation shall have the right to decline proposals and payment for proposals which, in its absolute discretion, are not approved by the Foundation or in accordance with the Projects. If approved, the Ministry shall provide all requested receipts and reporting documents to the Foundation. For capital purchase, the Ministry shall provide an annual Asset Usage Report to be completed for the life of the asset. The Foundation shall not be obligated to provide any funds for any of the purposes set out herein other than the amounts required to reimburse the Ministry for legitimate and verified costs incurred on behalf of the Foundation. The Foundation shall have the right to accept, adjust or reject any line-item entry or invoice. Any adjustment, rejection of any line item or invoice will result in a modification of the corresponding monies owing by the Foundation to the Ministry. | Capital purchases may include large pieces of equipment or vehicles. The use of this equipment or vehicle must be for all or substantially all (90%) purposes related to the Ministry’s Project(s). The Ministry is required to submit a “Ministry Vehicle Purchase Proposal” or “Large Equipment Purchase Proposal” to the Foundation if they wish to use funds through the Foundation for a capital purchase. The Foundation will assess whether the proposal aligns with the Ministry’s Project(s). If approved, the Ministry will be required to comply with the Foundation’s policies regarding the use of capital purchases and complete the Foundation’s “Asset Usage Report”. |
| 4.4 The Ministry shall maintain full and complete books and records of all receipts and disbursements of any funds received from The Foundation. A complete record of all agreements, deeds, vouchers, receipts, and invoices with respect to each Project shall be maintained by the Ministry on behalf of the Foundation and electronic copies shall be sent to the Foundation upon request. The Foundation and Ministry acknowledge and agree that the records of the Ministry may be maintained electronically in a location outside of Canada. Upon request, a copy of these records shall be made available to the Foundation in an electronically readable and useable format and that such records shall contain adequate details to support the expenses incurred on behalf of the Foundation. The Foundation shall have the unfettered right at any time to inspect any books, records, or accounts kept by the Ministry which relate to any services provided in connection with the Projects. | The Ministry is responsible for maintaining complete books and records of all funds received from The Foundation. This includes fees, agreements, deeds, receipts, vouchers, invoices and any other documents relating to the activities of the Ministry. The Ministry will keep copies of all documents and send copies electronically to The Foundation as requested. These documents will show the expenses incurred on behalf of the Foundation. The Foundation may save these documents outside of Canada. The Foundation may review the books, records, or accounts relating to the ministerial activities of the Ministry at any time. |
| 4.5 All expenditures of the Foundation made by and through the Ministry shall remain segregated and apart from the Ministry’s own expenditures so that the role of the Ministry in any particular activity or program is separately identifiable in relation to the fulfillment of the Foundation’s Charitable Objects. | The Ministry must keep all expenses relating to the Foundation separate and apart from expenses not processed through the Foundation. The expenses using funds from the Foundation must be distinct to ensure the Foundation’s funds are only used for the charitable activities outlined in Schedule A. The Ministry may wish to open a separate bank account for these expenses, but a separate bank account is not required. |
5. Donations, Administration Fee and HST/GST Rebate
| CLAUSE | EXPLANATION |
|---|---|
| 5.1 The Ministry agrees, understands, and acknowledges that: a. the Foundation retains authority over the use of its resources; b. donor(s) to the Foundation might indicate a preference that their donations be applied to certain Project(s) to be carried out by the Ministry (the “Donor Preference”). In these circumstances, the Foundation will consider the Donor Preference; c. the Foundation has the ultimate authority over the use of its resources, including the use of all donations to the Foundation; d. donations will not be returned to donors if the funds are not used in accordance with the Donor Preference; and e. the Foundation can still give effect to a Donor Preference by using the donation to carry on its own activities through an intermediary, such as the Ministry, provided that the Foundation exercises direction and control over the use of the Foundation’s resources. | Donors may select a specific Ministry they wish to financially contribute to on The Foundation’s website. The Foundation will try to honor the donor’s wish but cannot guarantee they will do so. The Foundation will not return donations to donors if the funds cannot be allocated to the specified ministry. All donations made to the Foundation belong to the Foundation, but the Foundation seeks to honor the donor preferences. |
| 5.2 The Foundation shall charge an administration fee (“Administration Fee”) to cover all the costs necessary for the Foundation to fulfill this Agreement, such as legal, accounting, bookkeeping, management and other administrative and associated costs. The Administration Fee for this Agreement will be in accordance with Schedule “C”. | The Foundation supports ministries in providing bookkeeping and accounting, donation and receipting, wage and benefit, and government compliance support. The fees associated with the Foundation’s work are outlined in Schedule C of the Agreement. |
| 5.3 The Foundation shall charge additional fees (“Additional Fees”) for other charges incurred by the Ministry, such as credit card processing fees and other service charges, in accordance with Schedule “C”. | The Foundation uses third party platforms to process credit card information and donations made on the Foundation’s website. For donations made by credit card or Interac e-Transfer®, the additional processing fees outlined in Schedule C apply. |
| 5.4 The Foundation reserves the right to review and adjust the Administration Fee and Additional Fees as listed in Schedule “C”. The Foundation will endeavor to make adjustments annually but reserves the right to adjust the Administration Fees and Additional Fees at any time. | At any time the Foundation wishes, the Foundation may change the administration fees and additional fees in Schedule C. The Foundation will try to only make these changes once per year or less. |
| 5.5 The Foundation is permitted to deduct the Administration Fee and Additional Fees from any donations where a Donor Preference has been specified for the Project(s) of the Ministry and this deduction shall occur at the time the donation is made. | The Foundation will deduct the Administration and Additional Fees outlined in Schedule C on donations where a “Donor Preference” has been made. Due to the additional administrative expense of these donations, the associated fees are higher than general donations. |
| 5.6 The Foundation, as the charitable organization, shall retain any GST/HST Public Service Bodies’ Rebate relating to any expenses incurred in relation to the Project(s). | The Foundation is a registered charitable organization and is eligible for the Public Service Bodies’ Rebate. The Foundation will calculate its eligibility for this rebate using expenses incurred by the Projects of the Ministry. The Foundation will not return this rebate to the Ministry. |
| 5.7 The Ministry is solely liable for any losses to the Ministry, the Foundation, and the Merchant Service platforms used by the Foundation which results from fraud or misuse of the Merchant Service Platforms by the Ministry and associated third parties. | The Ministry is responsible for any losses resulting from fraud or misuse by any party associated with the Ministry using the donation processing platforms used by the Foundation. This includes any losses that the Foundation, the donation processing platform (“Merchant Service Platform”), or the Ministry incurs. |
6. Indemnity and Release
| CLAUSE | EXPLANATION |
|---|---|
| 6.1 Save and except for gross negligence, willful misconduct and fraud, the Foundation shall not be liable for anything arising out of, in connection with, or otherwise relating to or in respect of this Agreement or the Project(s). | The Foundation will only be liable to the Ministry if the Foundation seriously and irreparably acts without appropriate care under this Agreement. |
| 6.2 Save and except for gross negligence, willful misconduct and fraud, the Ministry hereby irrevocably and unconditionally agrees to defend, indemnify, hold harmless, release, waive, discharge and covenant not to sue the Foundation and its affiliates, subsidiaries, divisions, members, directors, trustees, officers, employees and Ministry’s (herein the “Releasees”), for and from all claims of any nature, including but not limited to, any and all liability to the Ministry, its volunteers and personnel, or other third parties, on account of injury or death or injury to the property to any of the volunteers or personnel of the Ministry or other third persons, whether caused or contributed to by the Releasees or otherwise while the Ministry and its volunteers and personnel are participating in Projects. | The Ministry will hold the Foundation harmless for all legal claims while engaging in the Projects outlined in this Agreement. This clause applies to all volunteers and personnel of the Ministry, as well as any third party. The Ministry is individually responsible for defending and otherwise holding the Foundation harmless in the event of a legal claim. |
7. Insurance
| CLAUSE | EXPLANATION |
|---|---|
| 7.1 The Ministry shall obtain and maintain commercial general liability
insurance for any aspect of their work in North America or Europe,
as the case may be, relating to any Projects, and shall name the
Foundation as an Additional Insured on the policy. The policy shall
provide for thirty (30) days notice of cancellation in writing to the
Foundation. For naming purposes, the Foundation’s legal name and
address are: The Great Commission Foundation P.O. Box 14006 Abbotsford, British Columbia V2T 0B4 (legal@thegc.org) |
The Ministry must purcahase and maintain commercial general liability insurance for their Projects in North America and Europe. The Ministry must name the Foundation as an additional insured with the legal name and address listed in the Agreement. The Ministry is responsible for ensuring the insurer provides the Foundation with thirty (30) days’ notice of cancellation in writing. |
8. Commencement and Termination
| CLAUSE | EXPLANATION |
|---|---|
| 8.1 This Agreement will be in force from the date that the Agreement is signed by both parties, and shall remain in force until it is superseded or replaced by a subsequent agreement or until it is terminated in accordance with section 9.2 | This Agreement is valid and enforceable the day it is signed
until one of the following occurs: 1. The Foundation and the Ministry enter into a new agreement; 2. The Ministry giving thirty days notice; or 3. The Foundation immediately terminates the agreement. All changes or revisions to the Agreement must be made in writing. The Agreement replaces all agreements the Ministry and the Foundation had before, including written and verbal agreements. |
| 8.2 Termination of this Agreement shall occur upon one or more of the
following: a. This Agreement may be terminated by either party without cause by giving not less than thirty (30) calendar days’ written notice to the other party. b. Provided that the parties have acted reasonably and in good faith have attempted to resolve conflicts, the Foundation may immediately terminate this Agreement for default by giving written notice to the Ministry where the Ministry fails to carry out any of its obligations under this Agreement. Prior to any notice of termination, the Foundation shall provide a written notice to the Ministry requiring the Ministry to cure such default to the reasonable satisfaction of the Foundation within a reasonable period specified in the said notice (the “cure period”). In the event that the Ministry fails to cure the said default by the end of the cure period, the Foundation may terminate the Agreement at the end of the expiration of the cure period. c. Where any party becomes bankrupt or insolvent, makes an assignment for the benefit of creditors, or takes the benefit of any statute relating to bankrupt or insolvent debtors, or where a receiver is appointed under a debt instrument passed for the winding up of the party, as the case may be, the other party or parties to this Agreement may immediately terminate for default this Agreement after providing a written notice to the other parties. |
This Agreement my be terminated in any one of the following
circumstances: a. The Foundation or the Ministry giving 30 days notice. This notice can only be given if both parties have fully followed the terms of the Agreement; b. If the Foundation finds out the Ministry is failing to follow the Agreement and both the Foundation and the Ministry have tried to solve the issue, the Foundation will write to the Ministry on how to follow the Agreement. If the Ministry does not take the necessary steps required by the Foundation to follow the Agreement during the Foundation’s time frame, the Foundation can end the Agreement; or c. If either the Foundation or the Ministry becomes bankrupt or otherwise is required to wind up or restructure, the Agreement will terminate out of default after written notice is provided. |
| 8.3 In the event of termination, the Foundation shall not be required to make additional payments or instalments, and the Ministry shall refund to the Foundation any monies advanced by the Foundation in connection with any Project in Schedule “A”, not expended or not used in accordance with the terms of this Agreement. | If the Agreement ends, the Foundation will not make further payments to the Ministry and the Ministry is required to reimburse the Foundation for all funds that were not used in connection with any Project(s). |
9. General Terms
| CLAUSE | EXPLANATION |
|---|---|
| 9.1 All communications provided for or permitted hereunder by any party shall be in writing and delivered to the other party through each party’s authorized representative(s). Notice shall be delivered to the Ministry to authorized representative(s) listed in Schedule “D”, and to the Foundation, as listed in section 7.1, as amended from time to time. Any party may change their authorized representative(s) and/or their contact information by giving notice in the foregoing manner. | The Foundation and the Ministry may change who is authorized to communicate with one another. All changes to this Agreement need to be made in writing and only between the Foundation and the Ministry’s authorized representatives. |
| 9.2 This Agreement shall be binding on the successors of the parties. | The Ministry and the Foundation’s subsequent representatives are responsible for following the terms of the Agreement. |
| 9.3 This Agreement shall not be assignable by the Ministry without the prior written consent of the Foundation. | The Ministry cannot transfer to any other person or entity the rights or responsibilities in this Agreement unless the Foundation agrees to it. |
| 9.4 If any covenant or obligation set forth in this Agreement or the application of it to either party or to particular circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such obligation to the parties or circumstances other than those to which it is held invalid or unenforceable shall be separately valid and enforceable to the fullest extent permitted by law. | If there is an amendment to the legislation or a change in CRA’s guidance and a clause of the contract is determined to be unenforceable, the rest of the Agreement will still be valid and enforceable. |
| 9.5 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. | The applicable laws of Ontario and Canada will govern the terms of the Agreement. |
| 9.6 This Agreement, including any schedules attached to it, may be amended only by further written agreement by the parties. | All changes to this Agreement must be in writing. |
| 9.7 This Agreement, including any schedules attached to it, constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes any and all previous agreements, understandings and arrangements between or among the parties. | The Agreement covers all of the rights and responsibilities of both the Foundation and the Ministry. All previous agreements, both written and verbal, are replaced with this Agreement. |
| 9.8 This Agreement may be executed electronically and/or in any number of counterparts, each of which shall be deemed to be an original and such counterparts together shall constitute one original agreement. This Agreement shall be effective and enforceable upon execution by all parties. | The Agreement may be signed or delivered in multiple parts - all pages form one full Agreement. The Foundation and the Ministry may sign the Agreement using electronic signatures. The Agreement will be enforceable on the date the last party signs the Agreement. |
Schedule “A” - Ministry Project Summaries
| CLAUSE | EXPLANATION |
|---|---|
| This document is a schedule to the Agency Agreement (“Agreement”)
between The Great Commission Foundation (the “Foundation”),
the [NAME OF MINISTRY] (the “Ministry”) dated October__, 2024
and contains supplementary information relating to the Projects to
be carried out pursuant to it. All of the terms and conditions of the
Agreement apply to the Projects and no provision of this Agreement
shall be applied or interpreted in a manner that contradicts it. Where
a provision of this Schedule contradicts a provision of the Agreement,
the provision in the Agreement shall prevail. The charitable purposes and/or objectives of the Ministry are: The Ministry’s anticipated project(s) locations: The Ministry’s projects start and end dates: The Ministry plans to use the funds for the furthering of the project(s) by (list the types of expenses which the Ministry plans on submitting for reimbursement): Ministry Project Deliverables (Outputs and Target Date) |
The scope of the ministerial activities of the Agent shall be detailed to ensure compliance with the CRA and terms of the Agent becoming a project of the Foundation. |
| Ministry Budget (Link to Budget: 2024 Agency Agreement Budget.pdf) | The Ministry is required to provide the Foundation a completed budget. The budget is required to show how the Ministry will be using the funds from the Foundation to complete the Project(s) |
13 The Great Commission Foundation Schedule “B” - Statement of Faith and Code of Conduct
| CLAUSE | EXPLANATION |
|---|---|
| THE MINISTRY, understands and agrees with the following: Statement of Faith We believe that the Bible is the inspired, inerrant, infallible, and authoritative Word of God. We believe that there is one God, eternally existent in three persons: Father, Son and Holy Spirit. We believe in the deity of our Lord Jesus Christ, in His virgin birth, in His sinless life, in His miracles, in His vicarious and atoning death through His shed blood, in His bodily resurrection, in His ascension to the right hand of the Father, and in His personal return in power and glory. We believe that all human beings have sinned and are thus subject to God’s just condemnation, but salvation is available to all by grace through faith in the Lord Jesus Christ. We believe in the resurrection of both the saved and the lost, they that are saved unto the resurrection of life and they that are lost unto the resurrection of damnation. Without mental reservation, I hereby subscribe to the above statements. Code of Conduct The Great Commission Foundation (“the Foundation”) seeks to partner with people, projects, activities and organizations who are dedicated to helping fulfill the Great Commission as defined in the gospel of Matthew 28: 19-20. The Foundation is a Christian based organization, and therefore expects its partners and employees to live a life that is consistent with biblical standards in the following: To love and serve others (Colossians 3:12-15; John 13:34-35; Romans 15:5; Ephesians 4:32) To live a life consistent with the Scriptures and refrain from following the desires of our sinful nature. (Galatians 5:19-21; 1 Corinthians 6:12- 20; Colossians 3:5-9) To maintain the highest ethical standards in ministry and personal life. (1 Timothy 3:1-7; Titus 3:2-7) To be an example of Christ in overall life – in speech, faith, purity, love. (1 Timothy 4:12; Philippians 2:14-15; 1 Thessalonians 4:7; Colossians 3:12-17; Ephesians 5:2; Colossians 3:17) |
The Foundation maintains a Christian, biblical worldview to support individuals, missionaries, non-profits, charities, churches and project-based ministries to fulfil the Great Commission as defined in the gospel of Matthew 28:19-20. The Foundation only enters into Agreements with ministries that understand and agree with the Code of Conduct and Statement of Faith. The Foundation requires all ministries to live in accordance with the Code of Conduct in both their professional and personal lives. |
Schedule “C” - Fees
| CLAUSE | EXPLANATION |
|---|---|
| THE MINISTRY, understands and agrees with the following: 1. In accordance with section 5.2 of the Agreement, an Administration Fee of ___% shall be charged on all donations where a Donor Preference is made for any Project(s) which the Ministry is fulfilling on behalf of the Foundation. 2. In accordance with section 5.3 of the Agreement, the Additional Fees of: a) 2.5% shall be charged on all donations where a Donor Preference is made for any Project(s) which the Ministry is fulfilling on behalf of the Foundation and where the Foundation is charged for the processing of the donor’s payment via merchant services, other than for the purpose of section 2(b). b) 2.0% shall be charged on all donations where a Donor Preference is made for any Project(s) which the Ministry is fulfilling on behalf of the Foundation and where the Foundation is charged for the processing of the donor’s payment via Interac e-Transfer®. |
The Foundation will charge an administration fee on any funds received where the donor preference for the funds includes one of the projects of the Ministry. As outlined in the Agreement, additional fees will be charged if a “Donor Preference” is made, or the donor makes a donation using credit card or Interac e-Transfer®. |
Schedule “D” - Ministry Authorized Representatives
| CLAUSE | EXPLANATION |
|---|---|
| The Ministry hereby authorizes the following person(s) to direct and
receive information from the Foundation: Name; Email; Address; Telephone No. |
The Ministry must provide the names and contact information for three people who can direct activity on their account and receive information from the Foundation on behalf of the Ministry. |
Specialized Terms
| CLAUSE | EXPLANATION |
|---|---|
| Service Commitment The Ministry will be seeking payment for Project(s) which include the specialized training of persons for the advancement of the Ministry (the “Specialized Training”). If the Specialized Training is not used for the advancement of the Ministry, an unreasonable personable benefit may be conferred on the persons receiving the Specialized Training. As such, the Ministry hereby agrees that any persons receiving the Specialized Training as a result of funds received by the Foundation shall serve in active (specified commitment) following the receipt of the Specialized Training. If the persons receiving the Specialized Training fail to fulfill this condition, the Ministry will repay all of funds used for this Special Training to the Foundation upon demand. |
This clause is applicable to ministries who use the Foundation’s funds to engage in additional training or education for the purpose of carrying out their Projects. To ensure the Foundation’s funds are used to support the Ministry’s projects and comply with the guidance provided by the CRA, the Ministry must agree to serve based on the specified commitment after successfully completing this training. If the Ministry does not serve in accordance with the commitment in the Agreement after training, the Ministry will be required to reimburse the Foundation for the fees used for this specialized training. |
| Sub-Agency The Sub-Ministry and the Ministry, hereby understand and agree with the following: a. The Sub-Ministry has been designated under this Agreement to carry out the duties of the Ministry. b. The Foundation hereby engages the Sub-Ministry as its agent to carry out the projects set out in Schedule “A1”, as amended from time to time (collectively the “Projects” and each a “Project”). Any term or condition in this Agreement referencing Schedule “A” will also be read to include reference to Schedule “A1”. c. Section 10.1 below shall be modified to reference the Sub- Ministry’s list of authorized representatives in accordance with Schedule “D1”, as amended from time to time. d. The Sub-Ministry shall be subject to each of the terms and conditions in this Agreement. Any term or condition referencing the Ministry shall be read to also require the Sub-Ministry to accord with the same terms and conditions. e. The Sub-Ministry shall be entitled to exercise each of the rights of the Ministry and shall be entitled to each of the benefits of the Ministry as they relate to the performance of the Ministry’s obligations herein. f. The Sub-Ministry shall comply with the terms and conditions of this Agreement notwithstanding the Ministry’s compliance with the terms and conditions herein. |
The Ministry may wish to work with another ministry to fulfil the Project(s). This ministry is named a “Sub-Ministry”. The Sub-Ministry is required to follow all of the terms of the Agreement. Sub-Ministry Agreements contain additional Schedules outlining how their charitable activities fulfil the Ministry’s projects. The Sub-Ministry has the same rights under the Agreement as the Ministry. |
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Since 2002, The Great Commission Foundation has enabled ministry projects to thrive by providing charity admin expertise and guidance while promoting collaboration in fulfilling the Great Commission.
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