Terms & Conditions

1. Grant Agreement Terms

All grants awarded by the McCluskey Cares Foundation are governed by a written Grant Agreement executed between the Foundation and the grantee organization or individual. The Grant Agreement specifies the approved project scope, budget, disbursement schedule, reporting requirements, and conditions under which the award may be modified, suspended, or terminated. No funds are disbursed until the Grant Agreement has been signed by both parties. The terms of the Grant Agreement supersede any prior oral or written communications between the Foundation and the grantee regarding the specific award. Grantees are responsible for ensuring that all personnel involved in the funded project are aware of and comply with the terms of the Grant Agreement.

2. Application Submission Terms

By submitting a grant application through the McCluskey Cares Foundation's online portal or by mail, the applicant certifies that all information provided is accurate, complete, and truthful to the best of their knowledge. The Foundation reserves the right to verify any information submitted, including but not limited to tax-exempt status, financial statements, board composition, and letters of support. Submission of an application does not create a contractual obligation on the part of the Foundation to award funding. The Foundation reserves sole discretion in all funding decisions and is not obligated to provide reasons for non-selection beyond the standard notification letter. Applications containing materially false or misleading information may result in permanent disqualification from all Foundation programs.

3. Use of Grant Funds

Grant funds must be used exclusively for the purposes described in the approved project proposal and budget. Any material deviation from the approved project scope or budget requires prior written approval from the Foundation. "Material deviation" is defined as any reallocation of funds exceeding 10% of the total award among budget line items, any change to the project's primary objectives or target population, or any extension of the project timeline beyond the approved period. Grant funds may not be used for political campaign activities, lobbying (as defined under Section 4945(d)(1) of the Internal Revenue Code), endowment contributions, capital construction (unless specifically approved), or purposes that are inconsistent with the Foundation's mission and tax-exempt status.

4. Reporting Obligations

Grantees must submit progress reports and a final report as specified in the Grant Agreement. Minimum reporting requirements include: a narrative summary of project activities and outcomes achieved during the reporting period; a financial reconciliation comparing actual expenditures against the approved budget, supported by documentation for any expenses exceeding $1,000; quantitative data on the number of beneficiaries served, services delivered, and measurable outcomes achieved; and photographs or other documentation of project activities (where appropriate and consistent with beneficiary privacy). For grants disbursed in multiple tranches, release of subsequent payments is contingent upon the timely submission and Foundation approval of the preceding progress report. Failure to submit required reports within 30 days of the deadline may result in suspension of the grant and ineligibility for future funding.

5. Disbursement Terms

Grant funds are disbursed according to the schedule established in the Grant Agreement. Standard disbursement is in two tranches: 60% upon execution of the Grant Agreement and 40% upon satisfactory submission of the midpoint progress report. The Arts & Heritage Fund and Veterans Bridge Program awards are disbursed in a single tranche. Emergency Family Relief Fund disbursements are issued within five business days of approval and are directed to third-party vendors (landlords, utilities, medical providers) whenever possible. The Foundation issues payments by check or electronic funds transfer (EFT) at its discretion. Grantees are responsible for providing accurate banking information and promptly notifying the Foundation of any changes to their payment details. The Foundation is not liable for delays caused by incorrect or outdated banking information provided by the grantee.

6. Intellectual Property

The grantee retains all intellectual property rights in materials, works, and deliverables produced with grant funds, subject to the following: the Foundation retains a non-exclusive, perpetual, royalty-free license to reproduce, display, and distribute descriptions, summaries, photographs, and excerpts of funded projects for the Foundation's reporting, promotional, and educational purposes. Grantees must acknowledge McCluskey Cares Foundation support in all public-facing materials, publications, and presentations related to the funded project, using the attribution language specified in the Grant Agreement. The content, design, text, and graphics on this website are the property of the McCluskey Cares Foundation and may not be reproduced without written permission.

7. Modification and Cancellation

Either the Foundation or the grantee may request modification of a Grant Agreement in writing. Approved modifications are documented in a written amendment signed by both parties. The Foundation reserves the right to suspend or terminate a grant at any time if: the grantee fails to comply with the terms of the Grant Agreement; the funded project is not progressing in accordance with the approved scope and timeline; the grantee's tax-exempt status is revoked or its organizational capacity is materially impaired; or circumstances arise that make continued funding inconsistent with the Foundation's mission. In the event of termination, the grantee must return any unexpended funds within 30 days and submit a final accounting of all expenditures. Grantees may voluntarily withdraw from a grant by providing 30 days' written notice and returning unexpended funds.

8. Limitation of Liability

The McCluskey Cares Foundation provides grant funding in good faith for charitable purposes and makes no warranties, express or implied, regarding the success, performance, or outcomes of any funded project. The Foundation's liability under any Grant Agreement is limited to the amount of funds actually disbursed. The Foundation is not liable for any damages, losses, or claims arising from the grantee's implementation of the funded project, including but not limited to personal injury, property damage, employment disputes, or regulatory violations. Grantees agree to indemnify and hold harmless the Foundation, its Board of Directors, officers, employees, and agents from any claims arising from the grantee's activities under the Grant Agreement.

9. Governing Law

These Terms and Conditions and all Grant Agreements issued by the McCluskey Cares Foundation are governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws provisions. Any legal action arising from or relating to these terms or a Grant Agreement shall be brought exclusively in the courts of Franklin County, Ohio, and the parties consent to the personal jurisdiction and venue of such courts.

10. Dispute Resolution

In the event of a dispute between the Foundation and a grantee regarding the interpretation or performance of a Grant Agreement, the parties agree to attempt resolution through good-faith negotiation before pursuing formal legal remedies. If negotiation does not resolve the dispute within 30 days, either party may request non-binding mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. The cost of mediation shall be shared equally. If mediation is unsuccessful, either party may pursue legal remedies as provided under the Governing Law section above.

11. Website Disclaimer

The information on this website is provided for general informational purposes and does not constitute legal, financial, or professional advice. While we make reasonable efforts to ensure the accuracy of the information presented, the Foundation does not warrant that the content is complete, current, or free of errors. Grant program descriptions, eligibility criteria, deadlines, and award amounts are subject to change without notice. Prospective applicants should contact the Foundation directly to confirm current program details before relying on website information for application decisions.

12. Contact for Legal Inquiries

Questions regarding these Terms and Conditions, Grant Agreement terms, or legal matters should be directed to:

McCluskey Cares Foundation
Attn: Legal Affairs
250 South High Street, Suite 1140
Columbus, OH 43215
Phone: (614) 555-0247
Email: legal@mccluskeycaresfoundation.org