Membership Agreement
To join Parent Booster USA (PBUSA), an officer of your organization (called Your Organization in this Agreement) must read this Agreement and confirm by signing the Agreement that Your Organization understands and agrees to abide by PBUSA's membership requirements.
You understand and agree that Your Organization:
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Is a nonprofit organization that supports sports, art, academics, or other activities of a school (public, private or for-profit) or city/county recreation department;
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Is funded substantially by volunteer-led fundraising activities such as catalog sales (e.g., gift wrap, cookie dough, and the like), carnivals and festivals, auctions and similar activities, and from donations;
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Wants to join PBUSA and become part of PBUSA's IRS group exemption.
Under the IRS's rules and regulations for group exemptions, PBUSA is called the "central organization" by the IRS. Members of PBUSA are called "subordinates" by the IRS. The central organization must "supervise or control" its members' activities and operations. This means that PBUSA must make sure each of its members:
- Qualifies as a 501(c)(3) organization;
- Includes in their Articles of Incorporation PBUSA's uniform purpose statement and required IRS language, and agrees to provide a copy of your governing documents upon PBUSA's request;
- Files the IRS required information (tax) return (990N, 990EZ, or 990) each year AND MAY NOT USE PBUSA'S EIN NUMBER FOR ANY REASON, INCLUDING THE FILING OF YOUR 990 RETURN. Your Organization must provide a copy of the return to PBUSA, unless PBUSA files the return for Your Organization.
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That PBUSA membership runs on a calendar year basis and must be renewed by January 1 of each year to have continuous 501(c)(3) status;
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May opt to remove itself from PBUSA's group exemption at any time by providing PBUSA written notice;
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Will be governed by IRS rules that provide that PBUSA may remove Your Organization from its group exemption at any time for violating these rules, or for any other reason, by providing Your Organization 30 days prior notice;
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Is bound by PBUSA membership requirements. The PBUSA membership requirements may change based on IRS rule changes or other reasons. PBUSA will provide advance notice of any membership requirements changes where possible;
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Is committing to a PBUSA membership and if it later wishes not to proceed with its membership after submitting full payment, the organization may receive a full refund if the request is made within 30 days after payment and no work has been begun on the organization's behalf. After 30 days, or if some work has begun on the organization's behalf, there will be a $100 service fee deducted from the refund. In no event shall the organization be entitled to a refund after 90 days after full payment.
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Is an independent legal entity and that, except for the central organization/subordinate relationship established under the IRS group exemption procedures, no other relationship is created by joining PBUSA. This means that any liability or claims that may arise from Your Organization's operations, activities, acts, actions or failure to act, is solely the responsibility of Your Organization. Similarly, PBUSA is solely liable and responsible for PBUSA's operation and activities. Each party is only liable to the other party to the extent that a court of competent jurisdiction (i.e. a court that is legally allowed to hear the case) finds that a claim or liability arose directly from the gross negligence of the other party. Both PBUSA and Your Organization agree that any action under this Agreement shall be brought exclusively pursuant to the laws, and in the state, of Florida.
By signing this Agreement, you confirm that you have read and understood the Agreement's terms.
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