Please read our terms and conditions and indicate that you understand and agree to them by electronically signing this document below.
Payments
Payments hereunder shall be made by check, credit card authorization, or wire to: “PLEASE Foundation” and any notices shall be forwarded to PLEASE Foundation c/o the following address
PLEASE Foundation
30 Maryland Drive
New Orleans, LA 70124
Sponsor Trademarks and Materials
Subject to the terms and conditions of this Agreement, the Sponsor grants the Company the right to use the Sponsor’s trade names, logo designs, trademarks, and company descriptions as provided in Sponsor marketing materials. These assets may be used in any medium of advertising, promotional products, or marketing materials distributed in connection with Event. The Company agrees to use materials according to Sponsor's trademark usage guidelines.
Indemnity
The Sponsor will indemnify, defend, and hold the Company harmless from and against any claims relating directly or indirectly to, or arising out of, content posted on the Sponsor's respective website, use of Sponsor materials, or use of Sponsor's logos and trademarks.
The Company will not be responsible for damage to or loss of property belonging to the Sponsor, its employees, contractors, or agents or for personal injury to the Sponsor's employees, contractors, agents, directors, or invitees except to the extent that claims may be solely and directly attributed to willful misconduct or gross negligence of the Company and Company's employers, directors, or officers.
Sponsor will give Company prompt written notice of any suit or claim that comes within the purview of these indemnities.
Hold Harmless Agreement
The following Hold Harmless agreement is an essential part of this participation form. The undersigned hereby agrees to hold harmless and indemnify PLEASE Foundation, Yeah You Right Events, and any of its volunteers, managers, or partners from any costs, losses, damages, injuries, litigation, and liability arising out of or related to the activities and use of public or private property by the undersigned, and the agents and employees of the undersigned, at the above-described Event.
Limitation of Liability
In no event shall either party be liable to the other party for any consequential, incidental, indirect, or punitive damages regardless of whether such liability results from breach of contract, breach of warranties, tort, strict liability, or otherwise.
Term and Termination
This Agreement will be valid for the period of the date of execution through May 30, 2023
The Company may terminate this Agreement at any time for any reason. In the event that the Company terminates this Agreement for any reason other than Sponsor's breach of Agreement, the Company shall refund any fees received from the Sponsor and return any materials, equipment, hardware, or software loaned by the Sponsor for the event, at the Sponsor's expense.
The Sponsor may terminate this Agreement for breach of Agreement by the Company after giving Company at least ten (10) days prior written notice specifying the nature of the breach and giving the Company at least ten (10) days to resolve such breach. If breach occurs less than ten (10) days before the event, Sponsor may terminate this Agreement if breach is not resolved by the first day of the event.
Force Majeure Event.
For purposes of this Agreement, a “Force Majeure Event” shall mean the occurrence of unforeseen circumstances beyond a Party’s control and without such Party’s negligence or intentional misconduct, including, but not limited to, any act by any governmental authority, act of war, natural disaster, strike, boycott, embargo, shortage, riot, lockout, labor dispute, and civil commotion. In case of a Force Majeure five or more days prior to the event, event organizers will take any and all necessary steps to reschedule on a later date. A Force Majeure event within the five days prior to the event, and following the erection of tents and other necessary expenses, would require the fulfillment of the monetary portion of this agreement.
Disagreement
In the case of a disagreement at any point, the parties will refer the matter to an independent arbitrator appointed by mutual agreement.
Miscellaneous
This Agreement will supersede any or all prior oral or written forms of understanding between the Sponsor and Company. This Agreement may not be amended or modified except when one or both parties execute amendments in writing and amendments are signed by both parties. This Agreement shall be governed by and executed in accordance with the laws of the State of Louisiana applicable to agreements made and to be performed entirely within this state. The terms and conditions of this Agreement shall not be divulged to any third party without prior written approval from both parties.
