Grant Terms & Conditions
Specific terms and conditions will be developed for each grant awarded. Outlined below is a model of the general types of conditions that will be put in place. The table below provides guidance on the length of grant agreement for different award levels.
|Grant Amount Awarded||Length of Grant Agreement|
"Application" means the application submitted by us to you in respect of the Grant including its supporting documents.
"Charities SORP" means the charities statement of recommended practice for accounting and reporting.
"Data Protection Legislation" means the General Data Protection Regulation (2016/679) ("GDPR"), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and all other applicable legislation relating to data protection and privacy in force from time to time.
"Grant Agreement" means the Application, the Letter of Offer and these Terms and Conditions.
"Letter of Offer" means the letter from you to us in which you have offered us the Grant.
"Project" means the project for which you are giving us the Grant as set out in our Application as varied by the Grant Agreement.
"significant" means significant in your reasonable opinion.
"Term" means the period set out in the Letter of Offer.
"UK GAAP" means Generally Accepted Accounting Practice in the UK as published by the Financial Reporting Council (FRC).
"we", "us", and "our" refer to the Grant Applicant.
"you" and "your" reference to The London Marathon Charitable Trust.
2. The Grant
2.1 We will use the Grant for the Project as detailed in the Application and in accordance with the approved budget.
2.2 During the continuation of the Grant Agreement we will act in a fair and open manner without distinction as to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation and in compliance with relevant legislation.
2.3 We will make sure that all of our relevant personnel during the period of the Grant receive a copy of the Grant Agreement.
3. The Project
3.1 We will obtain your written agreement before making any significant change to the nature, scale or timing of the Project as defined in the Grant Agreement.
3.2 We agree to progress the Project in accordance with any timetable set out in the Application.
3.3 We will not use the Grant to pay for any spending commitments we have made before the date of the Letter of Offer.
3.4 We will tell you of any significant offer or receipt of funding for the Project from anyone else at any time during the Project.
3.5 If the cost of the Project decreases, you will decrease the amount of the Grant by a proportionate amount calculated at your reasonable discretion with reference to the Project budget we submitted to you.
3.6 We will tell you promptly about any changes to information we have provided and will make sure that the information you hold in respect of the Project is always true and up to date. We will tell you immediately in the event of any change in our key personnel involved in the delivery of the Project.
3.7 In our management of all personal information we will meet the requirements of applicable Data Protection Legislation.
3.8 We agree to comply with all laws regulating the way we operate, the work we carry out, the staff we employ or the goods we buy. In particular, we will ensure that we have an equal opportunities policy in line with and otherwise comply with the Equality Act 2010.
3.9 We will maintain adequate insurance at all times, with your interest noted where relevant, and if asked, will supply copies of confirmation of insurance cover to you. This includes employee and public liability insurance and insurance that covers the full replacement value of any assets you have funded.
4.1 In this clause:
4.1.1 children are those under the age of 18; and
4.1.2 adults at risk are those who are or may be in need of community care services by reason of mental disability, sensory impairment, age or illness, and who are or may be unable to take care of themselves, or unable to protect themselves against significant harm or exploitation.
4.2 In respect of children and adults at risk, we confirm that:
4.2.1 we have all necessary safeguarding policies and procedures in place and that they are robust and fit for purpose;
4.2.2 we will act in accordance with such policies at all times;
4.2.3 we are commited to safe recruitment, selection and vetting and we carry out appropriate checks on all members of staff, volunteers and others involved with our organisation who have contact with children or adults at risk, including (where applicable) DBS checks, checking references, requiring proof of identity and relevant qualifications and carrying out a face-to-face interview; and
4.2.4 under no circumstances will any individual who is considered to pose a risk to children or adults at risk be deployed to work with these groups.
5. Our organisation
5.1 We will not, without your prior consent, make significant changes to our structure and / or governing document(s) that would or would be reasonably likely to affect our delivery of the Project.
5.2 We will write to you as soon as possible if any legal claims are made or threatened against us which would or would be reasonably likely to adversely affect the Project during the period of the Grant Agreement (including any claims made against members of our governing body or staff concerning the organisation in connection with the Project).
5.3 We will tell you in writing as soon as possible of any investigation concerning our organisation, trustees, directors, employees or volunteers carried out by the Police, the Charity Commission, HM Revenue & Customs, or any other regulatory body that might reasonably be considered to have a significant impact on the delivery of the Project or our reputation.43.4 We will be available for meetings with you and allow full and free access to our records however and wherever held and to any of our offices or buildings to you, or those acting for you or to the National Audit Office.
5.4 We will tell you in writing as soon as possible of any other event or circumstance that comes to our attention that would or would be reasonably likely to adversely affect our reputation.
5.5 We will be available for meetings with you and allow you to inspect our records relating to the Project and the Grant on reasonable notice and during normal working hours.
5.6 We will let you know if our governing body falls below three members and will increase it to at least three as soon as possible.
5.7 We will ensure that we have adequate financial systems and checks in place, including a Fraud and Whistle blowing policy, to effectively manage and reduce the risk of fraud.
6. Payment of the Grant
6.1 We acknowledge that we are responsible for up-front payment of all Project costs and that the Grant will be paid subject to the availability to you of the necessary funds and only on satisfactory completion of the works funded by the Grant and submission of the relevant accounts.
6.2 We understand that under exceptional circumstances you may provide a limited number of interim payments against work in progress but that these are made at your discretion. Should we wish to discuss this possibility with you we will contact you at the earliest opportunity.
6.3 We will submit supporting claims once the Project is complete, identifying the cost of individual Grant eligible items separately.
6.4 We will acknowledge in writing receipt of each payment of the Grant.
7.1 We acknowledge that the Grant is not consideration for any taxable supply for VAT purposes by us to you. We understand your obligation does not extend to paying us any amounts in respect of VAT in addition to the Grant and that the Grant made by you is inclusive of any VAT that is deemed to be payable.
8. Our annual report and accounts
8.1 We will acknowledge your Grant in our annual reports and accounts in accordance with UK GAAP and if relevant the Charity SORP.
8.2 Where required to show your Grant as a restricted fund in our annual accounts this will be under the description “The London Marathon Charitable Trust Grant”. If we cannot show restricted funds in our accounts we will include a note to the accounts identifying the relevant funds. If we have more than one grant from you, we will record each grant separately.
8.3 We will keep proper and up to date accounts and records for at least six years from completion of the Project showing how the Grant has been used. We will make these financial records available to you upon request in accordance with clause 5.4.
8.4 We will report regularly and fully to all members of our governing body on the financial position of our organisation.
9. Publicity and acknowledgment of a Grant from The London Marathon Charitable Trust
9.1 We accept that you may share information about our Grant with any parties of your choice. Details of the Project may be broadcast on television, on your website, in newspapers and through other media.
9.2 So far as reasonably practicable, we will acknowledge the Grant in all materials we produce relating to the Project (including but not limited to job advertisements and in written or spoken public presentations) unless you ask us not to do so.
9.3 We will not make media releases relating to the Grant without your prior approval.
9.4 We consent to any publicity about the Grant and the Project as you may from time to time require. We agree to do whatever you reasonably require to assist with any such publicity. You may use our organisation’s name in such publicity material provided that you may only use our logo and other trade marks with our prior consent, such consent not to be unreasonably withheld or delayed.
9.5 Unless the requirement is waived by you, we will ensure that a plaque or notice acknowledging the support given to the Project by The Trust is clearly displayed within one month of completion of the Project in a form that is approved by you and includes your logo.
9.6 Any use by us of your logo pursuant to clause 9.5 or otherwise will be in accordance with your brand guidelines as communicated by you to us.
10. Monitoring and reporting
10.1 We will inform you in writing:
10.1.1. when the work is to commence, and of the anticipated date of completion; and
10.1.2 of completion of the Project
10.2 We will report to you on the progress of the Project every six months from the date of the Letter of Offer until the Project for which the Grant has been offered is completed.
10.3 After the Project has been completed, we will monitor the progress of the Project against the outcomes we identified in the Application and report back to you.
10.4 We will send you any further information you may ask for about the Project or about our organisation, its activities, the number of jobs created by the Project, the number of users and other beneficiaries and such other information you may require from time to time. You may use this information to monitor the Project and evaluate your grants programmes.
10.5 We will tell you immediately in writing of:
10.5.1 any actual or projected reduction in the overall Project cost as funded by the Grant;
10.5.2 anything that significantly delays, threatens or makes unlikely the Project's completion;
10.5.3 any significant variation to or anticipated decrease in the Project outcomes; and
10.5.4 any proposal by us to:
10.5.4.1 dispose of asset(s) funded by the Grant; or
10.5.4.2 close to the public any relevant asset(s) funded by the Grant for more than [three months] in a given twelve month period.
10.6 We acknowledge that this project may at your reasonable discretion be subject to independent external evaluation. Where that is the case, we will liaise with you as required on the appointment, oversight and reporting of the evaluator(s). Where such independent evaluation is undertaken, we acknowledge that this does not replace or remove the need for our own reporting to you in line with the Grant Agreement.
10.7 We will comply with any further reporting requirements set out in the Letter of Offer.
11. Data protection
11.1 You and we shall (and shall ensure that all of our personnel and sub-contractors shall) comply with the requirements of applicable Data Protection Legislation arising in respect of any personal data (as defined in the Data Protection Legislation) disclosed to one party by the other. You and we acknowledge that typically there is limited sharing of personal data under the Grant Agreement. Where you agree to share any personal data with us, we shall:
11.1.1 process any such personal data in accordance with Data Protection Legislation;
11.1.2 use the personal data solely for the purpose for which it has been supplied by you and for no other purpose whatsoever;
11.1.3 keep the personal data confidential and secure at all times; and
11.1.4 on termination or expiry of the Grant Agreement destroy or transfer the personal data to you (or such other third party as you may lawfully direct), as directed by you.
11.2 To the extent that we require (or later become aware that we require) more than limited access to any personal data controlled by you as part of our performance of our obligations under the Grant Agreement, we shall notify you and shall, if required by you, agree to your standard data processing terms (which are drafted according to the requirements of the GDPR).
12. Breach and Repayment
12.1 Where you reasonably believe there is an issue relating to our operations or organisation that may significantly impede our delivery of the Project or harm your reputation (including, but not limited to, in connection with circumstances set out in clause 12.3), you may suspend payments of the Grant pending an investigation of the matter and we will provide you with such assistance as you may reasonably require.
12.2 Following an investigation pursuant to clause 12.1, at your reasonable discretion:
12.2.1 the suspension may be lifted, if the outcome of the investigation is satisfactory; or
12.2.2 this agreement may be terminated by you in accordance with clause 12.3.
12.3 Whether following a suspension and investigation pursuant to clause 12.1 or otherwise, you may terminate this agreement, demand repayment of all or part of the Grant and/or cancel any unpaid part of the Grant at your absolute discretion in any of the following circumstances:
12.3.1 We are in significant breach of any of the terms of the Grant Agreement.
12.3.2 You reasonably consider that we are conducting our affairs in significant breach of the generally recognised requirements of good governance such that this may affect the successful delivery of the Project.
12.3.3 Any information we have provided to you in connection with the Grant is significantly inaccurate or misleading.
12.3.4 Any event occurs in relation to the Project or to our organisation which is in your reasonable opinion likely to have a significant adverse effect on you.
12.3.5 Completion of the Project is delayed to a significant degree beyond the agreed timetable, or it appears to you (acting reasonably) that completion will not be achieved.
12.3.6 Members of our governing body, volunteers or staff act at any time during the Project dishonestly, negligently or in any other way that, directly or indirectly, is or has the potential to be to the significant detriment of your reputation.
12.3.7 We receive duplicate funding from any other source for the same or any significant part of the Project.
12.3.8 There is a significant change in our purpose or structure, either during the Project or within a reasonable period after its completion, so that you judge that the Grant is unlikely to fulfil the purpose for which you made it.
12.3.9 At any stage of the application process and/or during the period of the Grant Agreement we do not let you have information that could affect your decision to award, continue or withdraw all or part of the Grant.
12.3.10 We are or become legally ineligible to hold the Grant.
12.3.11 You have reasonable grounds to believe that it is necessary to protect your Grant money.
12.3.12 We cease to operate, make an arrangement with our creditors or become insolvent.
12.4 In relation to grounds for termination of the Grant Agreement under clause 12.3, if on becoming aware of the relevant matter you (acting reasonably and promptly) notify us that the relevant matter is capable of remedy, we will have a period of 30 (thirty) days from the date of such notice to remedy the breach, with you retaining the right to terminate immediately after the 30 (thirty) day period if the breach has not been remedied to your reasonable satisfaction.
12.5 We acknowledge that you may demand payment of interest on any sum that is repayable to you under this clause 12 at such reasonable rate and for such period up to the date of actual repayment as you may in your absolute discretion determine provided that such rate shall not exceed 2% above the Bank of England base rate prevailing at the time of your demand for repayment.
13. Terms of Grant Agreement
13.1 Except where otherwise specified, the terms of the Grant Agreement shall apply from the date it is entered into until the expiry of the Term.
13.2 Any obligations under the Grant Agreement that remain unfulfilled following its expiry or termination shall survive such expiry or termination and continue in full force and effect until they have been fulfilled and clauses 12, 14, 19 and 21 shall in any event survive termination of the Grant Agreement.
14. Limitation of liability
14.1 You will not increase the Grant if we spend more than the agreed budget.
14.2 You accept no liability for any consequences, whether direct or indirect, that may come about from the delivery, management, monitoring and supervision of the Project, the use of the Grant or from withdrawal of the Grant.
14.3 We shall indemnify and hold you, your employees, agents and officers harmless with respect to all claims, demands, actions, costs, expenses, losses, damages and all other liabilities arising from or incurred by reason of our actions and/or omissions in relation to the Project, our breach or non-fulfilment of obligations under the Grant Agreement or our relevant obligations to third parties.
14.4 Your liability under the Grant Agreement is limited to the Grant.
15. Assignment and third parties
15.1 You and we may not without the other's prior written consent (not to be unreasonably withheld or delayed) assign, transfer, sub-contract, or in any other way make over to any third party the benefit and/or the burden of the Grant Agreement or, except as contemplated as part of the Project, transfer or pay to any other person any part of the Grant.
15.2 This Grant Agreement does not and is not intended to confer any contractual benefit on any person pursuant to the terms of the Contracts (Rights of Third Parties) Act 1999.
16.1 we confirm and, where applicable, warrant the following:
16.1.1 that the two signatories are authorised by the organisation named in the Application to enter into a legally binding agreement on our behalf;
16.1.2 that the information given in the Application and any supporting documents is true and confirm that the enclosures are current, accurate and adopted or approved by our organisation;
16.1.3 that we have the power to accept the Grant on the terms of the Grant Agreement and to meet our obligations under that agreement;
16.1.4 that we have not altered or deleted the original wording and structure of the application form as it was originally provided or added to it in any way save as approved by you;
16.1.5 that we have all necessary resources and expertise to manage, monitor and supervise the Project; and
16.1.6 since the date of our last accounts there has been no significant change in our financial position or prospects.
17. Intellectual property rights
17.1 You and we agree that all rights, title and interest in or to any information, data, reports, documents, procedures, forecasts, technology, know-how and any other intellectual property rights whatsoever owned by either you or us before the date of the Grant Agreement or developed by either party during its term, shall remain the property of that party.
17.2 Where you have provided us with any of your intellectual property rights for use in connection with the Project (including, but not limited to, your name and logo), we shall, on termination of the Grant Agreement, cease to use such intellectual property rights immediately and shall either return or destroy such intellectual property rights as requested by you.
The terms of the Project and of the Grant Agreement may only be varied by written agreement between you and us.
Each of the parties agrees to treat as confidential all information concerning affairs, operations or business of the other party which it acquires in consequence of or in connection with the Grant Agreement.
20. No partnership or agency
Nothing in the Grant Agreement shall constitute or create a partnership or the relationship of principal and agent between the parties.
21. Governing law and dispute resolution
21.1 Whether or not the Grant Agreement has been terminated, no party will take legal proceedings for the enforcement of its terms or of any rights arising under it without first having taken positive steps to resolve the matter with the other party.
21.2 If the parties are unable to reach agreement pursuant to clause 21.1 in relation to any matter under dispute, the parties will attempt to settle the dispute by mediation in accordance with the Centre for Effective Dispute Resolution's Model Mediation Procedure or an equivalent procedure.
21.3 The validity, construction and performance of and any dispute or claim arising out of or in connection with the Grant Agreement (including non-contractual disputes or claims) shall be governed by the laws of England and Wales and, subject only to clauses 21.1 and 21.2, the parties submit to the exclusive jurisdiction of the courts of England and Wales.