School whole board application agreement

School whole board offer

1. Qualifying schools with a school board consisting of four or more board members are eligible to apply to the Institute of Directors (IoD) for school whole board membership.

• • All parent representatives on the board must join as members.
  • You can opt to include principal, staff representative, co-opted members or the proprietor’s representative to join in addition to the parent representatives.
  • The IoD will give one complimentary student membership per board to support the development of young governance leaders.

2. All applicants for school whole board membership must complete and submit to IoD a school whole board membership application form as published by IoD from time to time IoD shall determine in its sole discretion whether an applicant’s application is accepted.

3. IoD will notify successful applicants and school whole board membership shall commence on and, subject to clause 21, continue for, one year from the date on which IoD issues an invoice for the school whole board subscription fee in respect of that school whole board membership.

4. IoD will issue renewal invoices to existing school whole board member schools on or about the anniversary of their school whole board membership and, subject to clause 21, an existing school whole board membership shall continue past each school whole board membership anniversary for one year.

5. A school whole board member school is not an IoD member under the IoD Constitution (Rules) has no voting rights and cannot hold office in IoD.

6. A school whole board membership is specific to an individual board and is not transferable.

School whole board subscription fee

7. The school whole board subscription fee applicable to a school whole board member school is 67% of the aggregate of the IoD member fees that would otherwise apply if each member of the school’s board were to apply for IoD membership in his or her own right.

8. Where a school whole board member school’s board increases in size between school whole board subscription fee invoices, IoD will invoice that school whole board member school following notification under clause 18 for the new IoD member(s) to be admitted under clause 19(b).

The amount invoiced will be 67% of the aggregate of the IoD member fee(s) that would otherwise apply if the new board member(s) applied for IoD membership in his/her/their own right, pro-rated for the number of days remaining until the school whole board member school’s next school whole board membership anniversary.

9. IoD may take such action as determined by IoD from time to time in its sole discretion to prevent overcharging for a board member’s IoD membership (for example, where a person is a board member of two or more school whole board member schools, or where one or more members of an applicant’s board is already an IoD member).

10. Each school whole board member school shall, on behalf of those persons who become IoD members by virtue of its school whole board membership, be liable to pay any levies (or any portion of any levies as determined by IoD in its sole discretion) imposed on those IoD members in accordance with the Rules.

11. Where the size of the board of a school whole board member school, decrease’s between school whole board subscription fee invoices, that school whole board member school shall not be entitled to a refund of its whole of school board subscription fee or any part of it.

12. Where the membership of a school whole board member school is terminated pursuant to clause 21(d), IoD shall be under no obligation to refund that school whole board member school’s school whole board subscription fee or any part of it.

School whole board member school entitlements

13. Subject to the IoD member approval process provided for under the IoD Constitution (Rules), board members of an approved and paid up school whole board member school shall be entitled to IoD membership and its full benefits (in the IoD member category determined by IoD pursuant to the Rules) without requirement to pay any other fee.

14. In addition to its obligations under clause 19, a school whole board member school may include some or all its other representatives (principal, staff representative, co-opted members or the proprietor’s representative) within its school whole board membership, in which case these terms and conditions (with the exception of clauses 1 and 19) shall apply to those representatives as though those representatives were board members of that school whole board member school and, for the avoidance of doubt, that school whole board member school’s school whole board subscription fees will be calculated on that basis).

15. Subject to compliance with clause 22 below, each school whole board member school hall be entitled to include IoD’s school whole board member school logo in its annual report and other promotional material.

16. IoD, in its sole discretion, may provide and cease to provide additional membership benefits to some or all its school whole board member schools on terms and conditions as determined by IoD.

School whole board member school obligations

17. Each school whole board member school shall pay its school whole board subscription fee within 14 calendar days of IoD’s invoice for the same by a method approved by IoD from time to time.

18. Each school whole board member school shall notify IoD within 14 calendar days of any change in its board composition and such notice shall specify the date and other particulars of that change.

19. A school board may only qualify for school whole board membership if it ensures that each of its parent representatives becomes a member of the Institute of Directors (IoD)

(a) in the case of schools applying to become a school whole board member school, within 30 calendar days of IoD notifying the applicant of its successful application; and

(b) in the case of an existing school whole board member school, within 14 calendar days of the appointment of a new board member to that school whole board member school’s board.

20. Each School whole board member school shall abide by Rule 4.8 of the IoD Constitution (Rules)  as amended from time to time with all references to a “person” or “member” being amended to refer to a “School whole board member school” (with all other necessary changes).

21. Where a school whole board member school:

(a) ceases to satisfy the criteria set out in clause 1;

(b) becomes Insolvent; or

(c) is in breach of any of its obligations under these terms and conditions (and such breach is either irremediable or not remedied within 14 calendar days of notification of the breach to the school whole board member school by IoD), IoD may:

(i) immediately terminate the school whole board membership of that whole board member school by written notice to the school whole board member school; or

(ii) take such other action as determined by IoD in its sole discretion.

IoD intellectual property

22. A school whole board member school may only use IoD intellectual property with the prior written consent of IoD.

23. A school whole board member school shall not in any way:

(a) imply that any IoD logo is a quality mark; or

(b) associate itself with IoD in such a way that implies that IoD offers assurance against risk, guarantees a standard, or accepts any liability for the behaviour of its board members

24. IoD may promote the school whole board scheme (including disclosure of a school whole board member school’s information) through existing channels such as on its website and in its “Boardroom” magazine.

Status of and amendments to terms and conditions

25. These terms and conditions are separate from and do not in any way vary the IoD Constitution (Rules).

26. IoD may amend these terms and conditions without prior consultation with school whole board member school (including, for the avoidance of doubt, by adjusting school whole board subscription fees or introducing new fees or charges). Amended terms and conditions shall take effect from the date that is 30 days from the date on which IoD publishes the amended terms and conditions on its website.

New Zealand law applies

27. These terms and conditions are governed by and construed in accordance with New Zealand law. A school whole board member school will submit to the exclusive jurisdiction of the courts of New Zealand in relation to all disputes arising out of or in connection with these terms and conditions.

Exclusion of liability

28. To the extent permitted by law, IoD excludes all liability it may have to a school whole board member school for any direct, indirect or consequential liability, claims, losses, damages, or expenses whatsoever and howsoever arising.

Assignment

29. IoD may assign and have someone else carry out any of its obligations under these terms and conditions.

Notices

30. Subject to any requirements as to the form of notices:

(a) a school whole board member school may give a notice to IoD under these terms and conditions using the details published by IoD from time to time on its website; and

(b) IoD may give a notice to any school whole board member school under these terms and conditions using the details supplied to IoD by that school whole board member school from time to time.

No waiver

31. Except if IoD has waived a right under these terms and conditions and notified the relevant school whole board in writing, no delay or failure to exercise a right under these terms and conditions prevents IoD from exercising that or any other right on that or any other occasion.

Invalidity

32. If any provision of these terms and conditions is unlawful and unenforceable, it will be severed from these terms and conditions to the extent it is unlawful and unenforceable. The rest of these terms and conditions will remain in force.

Definitions and interpretation

33. Terms used in these terms and conditions and defined below shall take the meaning provided unless the context requires otherwise: