BDK SCHOLARS PROGRAM AGREEMENT

(Revision 5/5/2021)

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I am either (i) the applicant for whom an application was submitted (“Applicant”) to The BDK Fund (“BDK”) in hopes of receiving an academic tuition subsidy (“Scholarship”) and participating in BDK’s Accountability and Community Service Program (“Mentorship Program”) (the Scholarship and Mentorship Program are collectively referred to as the “BDK Scholars Program”), and acknowledge that I am at least eighteen (18) years of age, or (ii) the parent or legal guardian of the Applicant, and acknowledge that the Applicant is under the age of eighteen (18) years.  The Applicant and/or parent and/or legal guardian of the Applicant may collectively be referred to as the Applicant below.  I have read the following terms and agree to be bound by them if the Applicant is selected to participate in the BDK Scholars Program.  I understand that a failure to follow the terms of The BDK Fund Scholars Program Agreement (“Agreement”) may result in the termination of any benefits afforded the Applicant under this Agreement, including without limitation, any Scholarship.

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1.) Scholarship; Scholarship Award; Mentorship Program; Payment.  If selected, I understand that BDK will provide a Scholarship in an amount to be determined on an annual basis by BDK (“Scholarship Award”) and that BDK will also provide the Applicant with access to, and support from, BDK team members and mentors (“BDK Team”) involved in the Mentorship Program.  The Mentorship Program is more fully described in the attached Exhibit A.  The Scholarship Award will be paid by BDK directly to the academic institution in which Applicant is enrolled for the applicable school year.  Participating academic institutions include Catholic High Schools in the Greater Cincinnati Area (“Local”) (each, a “High School”).  The Scholarship Award is intended to subsidize the applicable cost of tuition for the Applicant to attend a High School, and the amount of the Scholarship Award is subject to change on an annual basis.  Each school year, prior to the High School’s applicable tuition due date, BDK will notify me of the Scholarship Award to be paid on the Applicant’s behalf for that school year.  Payment of such Scholarship Award will be made by BDK to the High School after the High School has provided any financial aid to the Applicant’s account. 

 

2.) Eligibility; Notices.  I understand that the Applicant’s eligibility to participate in the BDK Scholars Program requires the Applicant to have properly and timely submitted an application to BDK consistent with the application and instructions found on BDK’s website.  The Applicant’s eligibility and/or selection to participate in the BDK Scholars Program shall be determined by BDK, in its sole discretion.  I further understand that in order to be deemed eligible for a Scholarship for a specific school year, I must first provide BDK with written confirmation of Applicant’s enrollment in a particular High School for such school year.  Any notices to BDK, including the Applicant’s notice and evidence of enrollment, must be delivered to:

 

Email: brighterdays4kids@thebdkfund.com

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OR

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Address: The BDK Fund, 4465 Bridgetown RD., Cincinnati, OH 45211, Attention: John DiTullio

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Any notices directed to the Applicant shall be delivered at the mailing address or email address provided by the Applicant and a parent or legal guardian of the Applicant.

 

3.) Continued Participation and Eligibility.  I understand that the Applicant is responsible for paying the High School for all other amounts due after any financial aid and the Scholarship Award have been paid or applied.  I acknowledge and understand that BDK shall rely on Applicant’s selection of High School, and I certify that prior to Applicant’s enrollment in said High School, I have determined that Applicant shall have access to adequate transportation, financial, and other logistical means to attend said High School, and that those transportation, financial, and other logistical means are not dependent upon Applicant’s participation in the BDK Scholars Program.  I understand that the Applicant’s eligibility to participate in the BDK Scholars Program is conditioned upon the Applicant’s continued success and cooperation in meeting the expectations set forth in Exhibit A.

 

4.) Contact; Communication; Safety and Security.  I understand that the Applicant’s successful participation in the Mentorship Program will require contact, communication, and intervention on an as-needed basis by the BDK Team.  I expressly authorize the BDK Team to communicate with the Applicant, the Applicant’s parent(s) and/or legal guardian(s), and the High School’s administration, faculty, and staff.  Contact and communication with the Applicant will be limited to the express purpose of facilitating the Applicant’s maturation, academic success, and cultural and moral development.  At all times, the BDK Team and any volunteers associated with BDK will comply with all applicable safety and security procedures, policies, and guidelines known to BDK.  All contact and communication with the Applicant will be conducted in accordance with all applicable laws, and may take place in a private or public setting, at the High School, or at another predetermined location I was made aware of and agreed to in advance. 

 

5.) Term; Termination. This Agreement shall be effective as of the date executed by me below (“Effective Date”).  The Agreement shall terminate upon the earliest of (i) the thirtieth (30th) day following my receipt of BDK’s notice of termination, (ii) the thirtieth (30th) day following BDK’s receipt of written notice of termination provided by me, and (iii) the Applicant’s graduation from the High School (the earliest of which shall be referred to as the “Termination Date”).  The term of this Agreement shall begin on the Effective Date and shall terminate on the Termination Date (“Term”).  The Term is intended to provide for the Applicant’s continued participation in the BDK Scholars Program throughout the Applicant’s enrollment at the High School.  Nothing in this Agreement or any other communication made by BDK shall in any way bind BDK to provide any benefits to the Applicant.  I understand that BDK may, at BDK’s sole discretion, terminate this Agreement for any reason upon thirty (30) days’ written notice to me. 

 

6.) No Guarantee.  I understand that BDK is under no obligation to provide any benefits under this Agreement, except those expressly stated or otherwise provided herein.  I acknowledge and understand that BDK provides no guarantee with respect to the Scholarship Award other than to honor any written commitment made by BDK to the Applicant with respect to the applicable academic year, and that the amount of the Scholarship Award is at BDK’s sole discretion and is subject to change on an annual basis. 

 

7.) Information; Authorization of Use by BDK.  I certify that the information provided to BDK, including without limitation, any information provided or otherwise submitted for consideration of a Scholarship (“Information”), is to the best of my knowledge accurate and true.  Although BDK will consider the Applicant’s privacy with respect to sensitive Information, I acknowledge and understand that any Information shall not be considered confidential, and I further understand that BDK is free to use such Information as is necessary for the Applicant’s participation in the BDK Scholars Program.  I expressly authorize BDK to contact and communicate with the High School with regards to any Information, to share any Information with the High School, and to communicate with and exchange information with the High School (or the Applicant’s primary/grade school) regarding the Applicant’s grades, attendance, disciplinary records, and participation in extracurricular activities.  By signing this Agreement below, I grant permission for the Applicant and/or the Applicant’s parent and/or legal guardian to be photographed, recorded, or videotaped for the BDK Scholars Program’s promotional and educational materials.  I understand that this photograph, speech, or video may appear in various publications or marketing and media outlets for recruitment of applicants and/or volunteers.  I also give permission for this material to appear on the BDK website, social media pages and accounts, and for other similar purposes.  I understand that this material may also appear on television or other media for related promotional purposes, as well as in print or online for partner organizations.  I give permission for the Applicant to participate in the BDK Scholars Program’s evaluation surveys and understand that I may be required to complete occasional evaluations of the BDK Scholars Program.  BDK may disclose any information in its possession or control, including without limitation any Information, as may be required by law or court order, or other similar administrative process.  By providing my E-Signature (as defined below), I expressly consent to the terms of this paragraph, and understand and agree that the terms of this paragraph shall survive any expiration or termination of this Agreement.

 

8.) Insurance.  BDK shall obtain and maintain reasonable insurance for the benefit of BDK and the Applicant(s).  Information regarding BDK’s insurance policies shall be made available upon written request. 

 

9.) Indemnification.  I agree to indemnify, defend, and hold harmless BDK, the BDK Scholar's respective High School, Archbishop Dennis M. Schnurr, Archdiocese of Cincinnati and their affiliates, employees, faculty and staff, agents, contractors, volunteers, mentors, officers, directors, successors, Board of Trustees and assigns, (each, an “Indemnified Party”) from and against all claims to which an Indemnified Party may be subject or suffer, based upon, arising out of, related to, or in connection with, any act or omission (alleged or otherwise) of an Indemnified Party in connection with or related to the performance of any obligation of BDK or other Indemnified Party under this Agreement or the carrying out of any express or implied instructions of the Applicant or Applicant’s parent or legal guardian.   I expressly understand and agree that the terms of this paragraph shall survive any expiration or termination of this Agreement to the extent the circumstances giving rise to liability (alleged or otherwise) arose prior to such expiration or termination. 

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10.) Release; Waiver of Claims.  I recognize that there are certain risks of physical injury and other damages as a result of the Applicant’s participation in the BDK Scholars Program, including transportation to/from the High School, the Applicant’s residence, or some other location as part of the BDK Scholars Program, and including physical, athletic, team building, leadership, community service, and other similar activities associated with the BDK Scholars Program.  I agree to assume the full risk of any injuries, damages, or loss which the Applicant may sustain as a result of participation in any and all activities connected with or associated with the BDK Scholars Program, including without limitation, the Mentorship Program.

 

I understand that the BDK Scholars Program is operated, at least in part, by volunteers.As such, I agree to release, waive, and relinquish any and all claims I may have, as a result of the Applicant’s participation in the BDK Scholars Program, against BDK or its affiliates, or their officers, agents, servants, employees, or volunteers (collectively, the “Releasees”).

 

I AGREE TO WAIVE AND RELINQUISH ALL CLAIMS AGAINST THE RELEASEES WHICH I MAY HAVE OR MAY IN THE FUTURE ACCRUE TO THE APPLICANT AND/OR A PARENT AND/OR LEGAL GUARDIAN OF THE APPLICANT FOR INJURIES, DAMAGES, OR LOSS AS A RESULT OF THE APPLICANT’S PARTICIPATION IN THE BDK SCHOLARS PROGRAM, USE OF BDK’S FACILITIES OR PROPERTY, AND/OR TRANSPORTATION TO AND/OR FROM THE BDK SCHOLARS PROGRAM OR ITS RELATED ACTIVITIES.

 

11.) Transfer; Assignment.  Under no circumstances shall the Scholarship or any other benefits provided by BDK under the BDK Scholars Program be transferred or assigned to anyone other than the Applicant without BDK’s prior written consent.  Any Scholarship paid to a High School may not be refundable, and I understand that the termination of this Agreement or a transfer by the Applicant from the High School designated by notice to BDK to another academic institution may result in the forfeiture of said Scholarship. 

 

12.) General Provisions. 

 

a.) BDK Authorized Representative(s).  John DiTullio and Nicholas Keyes are BDK’s sole officers and, as such, one or both of them are authorized to effectuate this Agreement or any other agreement on behalf of BDK.  No other person or entity is an authorized representative of BDK for purposes of executing this Agreement or any other agreement on behalf of BDK.

 

b.) Mentorship Program Selection.  Prior to an Applicant being paired with a member of the BDK Team as part of the Mentorship Program (“Mentor”), BDK will work to arrange an introductory meeting between the Mentor, the Applicant, and/or the Applicant’s parent and/or legal guardian to ensure all parties agree that the Applicant-Mentor pairing is a good fit.  Mentors will be required to complete standard background checks and relevant VIRTUS® training prior to being eligible to serve as a Mentor.  BDK will make reasonable efforts to pair the Applicant with a Mentor who graduated from the Applicant’s High School and/or has a strong relationship with that High School’s faculty and staff. 

 

c.) Consultation.  Members of the BDK Team will make themselves reasonably available to consult with the Applicant and/or the Applicant’s parent and/or legal guardian (collectively, the “Family”) concerning any of the activities or Information associated with the BDK Scholars Program.  At these consultations, and at all other times, the Family will provide accurate and true information regarding the Applicant’s performance in accordance with the requirements and goals set forth below on Exhibit A.  The Family also agrees to, on an as-needed basis and as otherwise requested by BDK, provide updates on the Applicant’s satisfaction of and compliance with requirements of Exhibit A. 

 

d.) No Guarantee.  With respect to the Applicant’s success and performance in the BDK Scholars Program and/or at the High School, BDK shall not be deemed to have given any guarantee that anything contained in this Agreement or on the following Exhibit A can be accomplished or completed.  I agree that BDK shall not be liable for the Applicant’s success, performance, and/or improvement in any way.  The BDK Scholars Program is designed to assist self-motivated Applicants who, based on little information, BDK believed to embody the characteristics and qualities consistent with successful completion of the BDK Scholars Program.  BDK shall promptly notify the Family when the Applicant is failing to meet the guidelines of the BDK Scholars Program.

  

e.) No Affiliation with High Schools.  I understand and acknowledge that BDK is in no way affiliated with any one or more of the High Schools.  By signing the Agreement below, I acknowledge and agree that BDK did not influence, or attempt to influence, the Applicant’s decision to apply to, or enroll in, any particular High School. 

 

13.) Consent and Notice Regarding Electronic Signature.  By typing my name below, I am signing this Agreement electronically.  I agree that my electronic signature is the legal equivalent of my manual signature on this Agreement.  By typing my name below, I consent to be legally bound by this Agreement’s terms and conditions.  I further agree that my use of a key pad, mouse, or other device to select an item, button, icon, or similar act/action, or to otherwise provide BDK or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures, or conditions constitutes my signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by me in writing.  I also agree that no certification authority or other third party verification is necessary to validate my E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of my E-Signature or any resulting contract with BDK.  I also represent that I am authorized to enter into this Agreement for all persons participating in any way with the BDK Scholars Program and that such persons will be bound by the terms of this Agreement.  I further agree that each use of my E-Signature in obtaining any benefits under the BDK Scholars Program constitutes my agreement to be bound by the terms and conditions of BDK.

 

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