The following are the terms and conditions for participation in Sweet Cheeks Diaper Bank’s diaper distribution program. Sweet Cheeks Diaper Bank is a diaper bank incorporated in the State of Ohio with a 501(c)(3) designation.

1) The recipient agency certifies that it is a nonprofit 501(c)(3) social service agency, a religious organization in good standing, or other governmental agency providing social services to individuals or families in need and that it has included documentation of such status along with this executed Agreement.

2) As a participant in the Sweet Cheeks Diaper Bank diaper distribution program, the recipient agency will provide diapers to its clients in a conscientious manner. The recipient agency may not sell, trade or barter items obtained from Sweet Cheeks Diaper Bank, nor may those items be used for fund raising, auctions or raffles. Items will be used to provide services to the clients of the recipient agency, and may not be used as gifts to staff or volunteers. The recipient agency agrees to make every effort to avoid duplication of services and to avoid providing diapers to clients who will sell, trade or barter with the diapers. The recipient agency is expected to explain to clients upon enrollment that they are limited to receiving 50 diapers or 30 pull ups/training pants per child per month from any Sweet Cheeks Diaper Bank agency and that deliberately attempting to receive more than the monthly limit, or attempting to receive diapers from more than one agency in any given month may result in the client being refused
service in the program.

3) Diapers from Sweet Cheeks Diaper Bank are to be used as one part in a broader effort by the recipient organization to assist individuals in need. The recipient agency therefore will not distribute diapers to individuals or families without providing some level of case management to the individual or family so they can work towards self-sufficiency for the long-term.

4) The recipient agency may choose to become an agency that provides Sweet Cheeks Diaper Bank diapers on an emergency basis. If an agency is a part of the Emergency Services Program, and provides service to a client in an emergency or crisis basis ongoing case management is not required. If an emergency client receives diapers in an ongoing basis, the client needs to be incorporated into a program with case management.

5) The recipient agency acknowledges that Sweet Cheeks Diaper Bank receives diapers donated by others; that Sweet Cheeks Diaper Bank often receives donations of loose diapers or opened packages of diapers; that Sweet Cheeks Diaper Bank may purchase diapers; and that Sweet Cheeks Diaper Bank is donating the diapers to the recipient agency with no consideration received. Although Sweet Cheeks Diaper Bank believes, to its best knowledge, that these diapers are safe, Sweet Cheeks Diaper Bank has not inspected these diapers for safety or other matters. It is the responsibility of agency personnel to inspect the diapers they provide to their clients.

6) The recipient agency will defend, indemnify and hold Sweet Cheeks Diaper Bank, their affiliated agencies, officers, directors, contractors, agents, and employees harmless from any and all liability, loss, damages or expenses from all claims, demands, and actions (including but not limited to reasonable attorney’s fees) out of or in connection with the use or handling of these diapers by the recipient agency, its employees, its clients, or anyone to whom it supplies the diapers.

7) If the recipient agency picks up its diapers at the facility in which they are stored, or an agreed upon location, any injury sustained by employees, representatives, and/or agents of the recipient agency while at the storage premises are neither the fault nor the responsibility of Sweet Cheeks Diaper Bank. The recipient agency shall submit upon request a certificate of insurance to Sweet Cheeks Diaper Bank documenting that the recipient agency has workers’ compensation coverage, general liability coverage, and automobile insurance coverage of at least the minimum automobile insurance limits required by applicable state law.

8) The recipient agency will not discriminate on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. Further, the agency will not require attendance at religious services as a condition of assistance in any of the programs that distribute diapers, nor will any client be forced or required to endure religious proselytizing of any type.

9) The recipient Agency agrees that Recipient Agency shall not hold itself out or in any way represent that Recipient Agency is an employee or agent of Sweet Cheeks Diaper Bank. Nothing herein shall be construed as creating an employer/employee relationship between the parties.

10) The recipient agency will not refer any individual clients to call or visit Sweet Cheeks Diaper Bank location. It will be the responsibility of the recipient agency to ensure its entire staff is aware of this provision.

11) The term of this Agreement shall commence as of the date hereof this agreement is last signed by Sweet Cheeks Diaper Bank, and shall continue for one (1) year from the date thereof, unless the parties otherwise mutually agree in writing to terminate the Agreement. Either party may terminate this Agreement with or without cause upon thirty (30) days prior written notice. If a party chooses to terminate this Agreement, all rights and obligations under this Agreement shall continue until notice period of such termination expires.

12) The recipient agency must update their profile in the Sweet Cheeks Diaper Bank agency portal annually by January 31st. The profile must reflect the poverty level breakdown of the children who have received diapers from Sweet Cheeks Diaper Bank in the previous 12 months.

13) The recipient agency will collect and maintain client information on every child it provides Sweet Cheeks Diaper Bank diapers to using the Sweet Cheeks Diaper Bank agency portal. Domestic Violence agencies are not subject to these requirements but have separate procedures agreed upon between agency and Sweet Cheeks Diaper Bank in order to protect the confidentiality and safety of their clients. The recipient agency must make every effort to ensure that all client application, order and distribution data is entered accurately into the Sweet Cheeks Diaper Bank portal. At the time of the child’s enrollment the recipient agency will review official documentation (birth certificate, social security card, Medicaid card, or other form of identification) of the child’s name, date of birth, and gender in order to prevent duplication of services. The recipient agency will maintain a fully completed signed copy of each client application on file for audit purposes. If recipient agency shows a pattern of duplicating services or inaccurate or incomplete data collection/entry, Sweet Cheeks Diaper Bank reserves the right to place agency on probationary partnership status until agency demonstrates accurate and complete data collection.

14) The recipient agency will provide at least one story of parents and children that have received Sweet Cheeks Diaper Bank diapers during each agreement period and/or allow Sweet Cheeks Diaper Bank to interview families who receive diapers. The stories may be blinded to protect the identity of the client. Domestic violence shelters are not subject to this requirement.

15) The Executive Director of the recipient agency or his or her designee must attend the annual Partner Executive Director Meeting for Sweet Cheeks Diaper Bank held during the 4th quarter of the year. The individual(s) managing the Sweet Cheeks Diaper Bank program for the recipient agency must attend the annual partner meeting Sweet Cheeks Diaper Bank conducts for all partner agencies each year in the 2nd quarter of the year (beginning in 2017).

16) Sweet Cheeks Diaper Bank will conduct at least one site visit annually to ensure diapers are stored in a secured location within the agency and that accurate records are maintained.

17) Sweet Cheeks Diaper Bank will provide diapers to an individual child for a maximum of two years from the first distribution of diapers to the recipient agency or until the child is three years old–whichever comes first.

18) Sweet Cheeks Diaper Bank will publish the name of each recipient agency on our website and will feature stories provided by you about your agency at least twice per year on social media.

19) Sweet Cheeks Diaper Bank will make every effort to satisfy your diaper needs as requested but is not accountable to do such. Sweet Cheeks Diaper Bank reserves the right to refuse any application for donations. Sweet Cheeks Diaper Bank reserves the right to perform a site visit during the application process or with appropriate notice any time during the term of this agreement.

20) Each partner agency must promote their relationship with Sweet Cheeks Diaper Bank through one of the following during each partnership year: host a diaper drive for Sweet Cheeks Diaper Bank, include an article about Sweet Cheeks Diaper Bank in a newsletter, provide a link to Sweet Cheeks Diaper Bank on its website, send an email about Sweet Cheeks Diaper Bank to its supporters.

21) It will be the responsibility of the recipient agency to ensure its entire staff is aware of all provisions of this agreement. In agreement to the terms above, the undersigned declares that he/she has the authority to execute this agreement.

If Sweet Cheeks Diaper Bank determines that an agency is not complying with the terms of the Partnership Agreement, Sweet Cheeks Diaper Bank reserves the right to place agency on Probational Partnership status until agency promptly demonstrates correction/compliance with the agreement as determined by Sweet Cheeks Diaper Bank in its sole and absolute discretion. Sweet Cheeks Diaper Bank reserves the right at any time to remove an agency from its recipient list and terminate this agreement with the agency if the agency does not adhere to the terms of this agreement, or if any portion of its application is found to be misstated. Thirty days prior written notice will be provided to you in the event we will no longer provide diapers to your agency.