YWAM Licensing Memorandum of Understanding

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Contents 1 YWAM Licensing Memorandum of Understanding 2 Discussion Points Preparation of Memorandum of Understanding For Base Leaders 3 Youth With A Mission Memorandum of Understanding 4 Attachment 1 5 Attachment 2

The following documents are available in the two PDF's below.

Actions needed to be taken

• Review legal document in your National work.
• Try to agree in principle to the document.
• Every Base to sign a copy
• Sign 2 copies of the document every 5 years.
• Send one (whole and complete) signed copy of document to LYNN GREENS OFFICE (YWAM HARPENDEN).
• Current deadline for all bases: AUGUST 2009
• More clarification will follow.

Letter of Introduction

Memorandum for signing and returning

YWAM Licensing Memorandum of Understanding

Letter from Lynn Green September 2007

Dear YWAM leaders and YWAM Board members, Recently one of our YWAM legal entities, a non-profit in the state of California, commissioned a review of its legal documents. That review, which was performed by a firm that acts on behalf of scores of other non-profits, concluded that YWAM was at some risk due to the fact that there was no clear basis for any legal entity other than the one holding the registered trademark to call itself YWAM. There is ambiguity regarding the legal right for any other base or mission to use that name. The report recommended that we should develop a licensing agreement between every YWAM legal entity and the original YWAM Corporation. That first YWAM non-profit corporation holds the trademark and therefore the right to use the name of Youth With A Mission and its acronym, YWAM. That recommendation resonated with many of us because our former International Administrator, Wally Wenge, had worked with a legal team to develop a licensing agreement in the 1980s, but during the course of the 1990s and intervening years that licensing agreement became outdated and fell into disuse. Now we request that all YWAM Boards enter into agreement with the original Youth With A Mission Corporation for the use of the name. By this means we can maintain our current freedoms and decentralised structure without being exposed to unnecessary liability. The contract is straightforward and reasonably simple. The part that addresses the dissolution of a YWAM entity, I think, needs an explanation. YWAM values strong relationships of mutual trust. The relationships are always much more important than assets. The assets we hold, however, are held in trust on behalf of YWAM staff and students, both past and present. We have a continuing duty to donors who have contributed towards the purchase and development of assets in the name of Youth With A Mission. Any efforts to transfer those assets to a ministry under another name and authority would amount to a violation of that trust. That is why we stipulated that the assets of a dissolved YWAM entity should be transferred to another YWAM entity. If there is a very strong case for the assets going in another direction, then the appropriate YWAM leaders can discuss the subject and make decisions together with the outgoing leadership of the dissolved entity. The attached licensing agreement is the fruit of thorough legal scrutiny and I recommend its adoption as it stands. We will review it from time to time and if YWAM leaders or Board members would like to introduce changes, we will consider those changes for adoption as the contract develops in coming years. We realise that it would probably be renewed about every five years and could be adapted along the way. Thank you for your cooperation and participation in this process. In His Peace, Lynn Green

Discussion Points Preparation of Memorandum of Understanding For Base Leaders

1. To protect the name/logo of YWAM legally, and differentiate legal status among bases, it is important to have a document where permission is formally granted. YWAM has always had this understanding informally, but this document formalizes that.
2. Such a document also clearly defines what is expected of bases/YWAM ministries.
3. The courts have said that if you don’t respect your boundaries, neither will we. Similarly, if YWAM doesn’t define its boundaries/operations clearly, the courts may do so.
4. Scriptures regarding establishing one’s boundaries.
5. YWAM is a family of ministries. The actions of one affect all.

Youth With A Mission Memorandum of Understanding

Draft 6-30-07

(To be signed every 5 years and also upon change of a base leader)

We understand and agree that:

Youth With A Mission (YWAM) was created and still exists to spread the good news of Jesus Christ. Since its founding in 1960, YWAM has multiplied around the world in many nations as a family of ministries who share:

• a mandate to “know God and make Him known,”
• a threefold emphasis of evangelism, training and mercy ministries,
• foundational values based on the Scriptures, including a lifestyle dedicated to God and staff raising their own financial support (Attachment 1), and
• common training, beginning with YWAM’s Discipleship Training School.

Since its beginning, YWAM has been committed to empowering and releasing people for ministry. In doing so, YWAM has remained broad-structured and decentralized, functioning primarily through relationship. A network of more seasoned YWAM leaders -- from local levels up to the Global Leadership Team (GLT) -- train, mentor, and care for leaders in their geographical area. Attachment 2 describes the YWAM structure and leadership at various levels.

While YWAM staff look to their YWAM leadership for vision, values, encouragement and personal accountability, each YWAM base (or in some cases a group of bases), ministry or network operates as its own legal corporation/entity (referred to hereafter in this document as “entity”). That legal entity carries complete legal responsibility for that YWAM entity, and only that entity.

The right to use the words “Youth With A Mission” and “YWAM” and YWAM’s logos to identify an entity is granted to those entities that enter into a copy of this Agreement. Such identifying words and logos may continue to be used so long as this Agreement is in effect. The entity agrees to cease using the identifying words “YWAM” and “Youth With A Mission” and logos when instructed to discontinue using any of such words and logos by the GLT, or its designee. Reasons for such instruction from the GLT or its designee would include persistent violation of YWAM’s foundational values, a lack of cooperation with YWAM supervisory leadership, and refusal to be transparent in financial and operational dealings.

In order for an entity to use the name or logo of Youth With A Mission (YWAM), no fees are required, but certain basics must be in place. The minimum requirements that should be in place in order to be allowed to use the name “Youth With A Mission” and “YWAM” and YWAM’s logos are:

1. The entity is representing YWAM in a way that is consistent with the bullet point items listed above (including the values in Attachment 1), and generally operates in fellowship with YWAM internationally.
2. The leader of the entity is appointed by the appropriate YWAM leadership for that geographical area.
3. The entity’s leadership operates with integrity: spiritually, morally, legally and financially. YWAM leadership, up to the GLT, may from time to time establish criteria to determine whether an entity is operating with integrity in each of these four spheres. The entity understands that it is of prime importance to use monies contributed to a YWAM entity for the goals of YWAM, in accord with YWAM’s values. Each entity shall also use best efforts to obtain liability insurance appropriate for the nation where the entity is located.
4. The entity shall have full responsibility for the proper oversight of the entity’s activities. The entity shall provide to the GLT or its designee access to its financial records and other documents describing its operations, activities, board of directors or other governing body, and leadership council.
5. If an entity has a board of directors in addition to a local leadership council, a representative from YWAM leadership at least one level above that base shall serve on that board of directors. In addition, if any non-YWAM staff members serve on that board of directors, they shall either be (i) elected by membership consisting entirely of YWAM staff leadership for that base, or (ii) elected by the board on which they serve, but such non-YWAM members shall comprise no more than one-third of the total board of directors. A recommended, though not required, board structure is one-third local YWAM staff, one-third YWAM staff from other bases (including the regional YWAM representative), and one-third non-YWAM staff who are mature Christians who share the values and vision of YWAM, and bring helpful skills such as legal and financial expertise. A variance to the points in this item #4 is automatically granted if the law for the nation/state/territory in which the entity is located requires a different composition for a board of directors.
6. All of the assets of the entity shall be held in a legal entity that is subject to the terms of this Agreement.
7. If there is any disagreement with a representative of the YWAM leadership team, the entity shall follow the appeals process established by the GLT, which may change from time to time.
8. Should the entity choose to dissolve its affiliation with YWAM, all assets shall go to another YWAM base or another entity approved by the GLT or its designee. Upon such dissolution of affiliation, the entity shall immediately cease and discontinue using the words “YWAM” and “Youth With A Mission” and YWAM’s logos to identify itself and any of its programs or activities.

We understand the above and agree:

FOR THE ENTITY (LOCAL BASE, MINISTRY OR NETWORK):

________________________________________________________________________ Local Base, Ministry or Network Name

________________________________________________________________________ Address

________________________________________________________________________ Local Unit Director Email Phone

________________________________________________________________________ Local Unit Director Signature Name (printed) Date

If a Board of Directors exists (to be signed upon affirmation by the Board):

________________________________________________________________________ Board of Directors Chairperson Signature Name (printed) Date

________________________________________________________________________ Board Chairperson Email Phone

FOR YWAM SUPERVISORY LEADERSHIP:

________________________________________________________________________ Leader Signature Name (printed) Region Date

________________________________________________________________________ Leader Email Phone

Attachment 1

Foundational values of Youth With A Mission

Attachment 2

YWAM Structure and Leadership

At present the YWAM structure is generally composed of:

1. YWAM local bases and local units of YWAM global networks and of YWAM global ministries.
2. Area leadership teams.
3. Field leadership teams.
4. Global Leadership Team.

YWAM's Global Leadership Team (GLT) serves the mission by giving spiritual oversight (Exodus 18). This includes:*

1. Priestly intercession & ensuring pastoral care.
2. . Promoting the teaching of God's Word & the knowledge of His nature, character, personality & ways.
3. Remembering, promoting and modeling our foundational values; discerning and applying the present word of the Lord.
4. Defining the vision, affirming the goals and communicating the principles and processes of the mission.
5. Recognizing and commissioning primary leaders.
6. Guarding unity, promoting loving relationships and gatherings, pursuing justice and reconciliation.

* Downloaded 3/16/05 from http://www.ywam.org.

Area and Field YWAM leadership also provide pastoral care for YWAM staff, and pass along the focus and values fostered by the Global Leadership Team.