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HomeMy WebLinkAboutSponsorship Agreement with Sierra Trading Post for CableOne Movie Night in MeridianC~ONF" MUVIe NI$~ ~~ i ~ M~Yldl~l Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SINGLE-NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SINGLE-NI HT.,),,,,~, SPONSORSHIP AGREEMENT ("Agreement") is made on this ~tc~ay of , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation ganized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Sierra Trading Post, whose address is 530 East Sonata Lane, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single-Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single-Night Sponsor of City's July 5th installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single- Night sponsors in the CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exl~iibir A. 2. Payment. By 5:00 p.m. on June 14, 2013, Sponsor shall prepay to City three hundred and fifty dollars ($350.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the Cab1eONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a raincheck to Sponsor for redemption as a Single-Night Sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional anal advertising efforts enumerated for Single-Night Sponsors in the CableONE Movie Night in Meridian 2013 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 ~. ~'ra~atlnu~l Item ~imi~~tions. The sale or distribution of any food, drink, or other pran~otianal item by Sponsor at Sponsor's booth, as allowed in the able~N~ Movie Night in Meridian ~~ 3 Sponsorship Packet attached hereto as .~;~i~.~it .~, shall not be permitted without prior written permission frarn City; Such perrnissi+~n m.ay be withheld ar revoked at any time and for any reason. City may also, at any time, rewire that Sponsor discontinue the distribution of any promotional item that pity deems to be ne atively impacting concessions sales or deems not to be appropriate. g c, 'video ~~rod~c~l+~n, City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material. submitted, used, or created by Sponsor. any pre-approval by City shall not be considered a waiver of floe right to revol~.e or edit any, such material during the term of this agreement. I~'urther, Sponsor warrants and represents that, as to all content of the video pieces created car produced pursuant to this ~greenaent, Sponsor shall, and hereby agrees to, inderr~nify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, da~~nages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the pity may becc~~~e liable by reason of pity's displaying of sponsor's audio or video copy, artw~orl~, or~ other content, including but not limited to claims for libel, violation of privacy, plagiarism, ar copyright violations. 4, 'g'erm, Th.e terra of this agreement shall. be from the ~ff~ective late through Septerr~ber 1, ~{~ 13, u~ess earlier terminated by either party by the method established herein. ~, Cancellatlo~! s~~edt~limg, The parties acl~nowledge that the ~~ 13 CableN~ Movie Flight in Meridian event sues schedule shall include twelve tai fourteen ~ 1 ~`~ l~} weel~ly movie showings during June, July, and august, but cancellation a~ any or all rnavie showings ~~nay be necessary due to weather or other conditions or circumstances, pity shall Dave sole responsibility and discretion in scheduling andlor cancelling CableN Movie Night in Meridian. and all movies and activities rebated thereto, including any and all related activities by Sponsor. The parties hereto expressly acl~no~wledge that Settlers I:'arl~ is a public space, the management and scheduling of which shall at all times be within the sole purview of pity. A-ny right car privilege granted to Sponsor by this .greet~ent shall include neither the right to exclude any lawµabiding person from Cable~~ll~ Movie Night in Meridian, nor the right to interfere wig any person's concurrent, lawful use of Settlers park where such concurrent use does not conflict ar intefere with Sponsor's use, b, ~ur~n~e ponsc-r's responsibility, City sl~al.l riot provide insurance to cover loss, theft, ~~ damage of ,any equipment, materials, or personnel used or employed by Sponsor in the furtherance cif this A~greernerrt, ar to saver any activity undert~en by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. any and ail insurance ref eachparty's respective property and personnel shall be the sole responsibility of that party. ~ onsor shall obtain. all necessary insurance as may be required in order to protect Sponsor's p insurable interests €or Spausar's rights and t~bligations described within this ,agreement, including, but t~~ot limited ta, liability insurance, automobile insurance, worl~er's compensation insurance, andlor property insurance IMo \ T !~Mri 1+~ ~~M~~~~~MR~~+~~`M 1`~~i4~ ,. AM~RMN M+'kMy E ( .W~ ~ q~ '~. ~'~ of pity's Dame, logo. pity hereby cQ.nveys to ~ponsc~~t perm~issiQl7 to use pity's name far purposes of advertising, ~~.arketing, and ,public information, withc~ut~ violation o~ ity4s rights of privacy ar ar~y other rights pity may possess under this Agreernentr provided that ~pansar shall n+~t use pity's logo for any purposewithout the express, written pern~issian ot` the Mayor's l~xecutive assistant, ~. T~er~Iation~ a. Terl~i~atian fay cause. ~~ either party deter°I~ines that the other leas failed to carnply with any terra ar c+~nditio~n of this Agreement, violated any of the covenants, agreements, and}'ar stipulations ~~` this ~.greernen~, engaged in any act ref misconduct in the perfarr~ance of this Agreement; ar if either party willfully ar negligently defaults in, or Fails to fulfill, its material o~bl.igations under this Agreel~nel~t, the other pa~~y shall have the right to terminate the ~-greement by giving written notice to the def"au~tin, party a~' its intent to terminate, and shall specify the grounds far termination. the defaulting party shall have tvr~o ~~~ days after such notice is sent to cure the default. If` the default is nc~t cured within such period, this ~.greerner~t shall be terminated upon written notice of such termination by ~e ter~n.inating party. b. loo camper~s~-tion upon te~~Inun~I. fn the went of terrninatic~n., neithcr party shall he entitled to compensation ar damages for any equipment ar m~ateridls provided pursuant to this A~greeme>«t or obligations jnc;u~ed in ~~arerance of the ri,hts conveyed by this ~.greement. 9, l~`hatagrahy ~~ recoriu. pity shall be authari~ed tc~ photograph, record, video tape, reproduce, trar~sn~t, or dissernit~ate, in or Dram. ahlel~B Movie 1`~ight in Meridian, ail related activities for educational a~~d public information purposes. pity shall not be responsible :far the actions of persons who are not under its e~nployme~~t ar control. l ~. elatianshi~ o~ P'~i. It is the express intention of pa~.ies that pansor is an independent contractor and not an err~playee, agent, joint venturer, or partner of City. ~'othing in this ~,greeme~~t shall be interpreted car construed as creating ar establishing the relationship of employer and en~playee between pansor and City ar between ponso~N a~~d any official, agent, ar ernplayee of City. Bath parties ack~navvledge fat sponsor is not an employee o~ City. ~pon~sor shall retain the right to perrorrn services for others during the terra of this Agreement. ~ponsar shall have no authority or responsibility to exercise ar~y rights ar power vested in. pity. ~'"hhe selection and designation of the personnel of City in the perforrnarlce of this agreement shall be made by City. 1 f. n~demn~lc~..~~I~. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim., judgment, or action for damages ©r injury to Sponsor, to S~pansar's personal property or equipment, anal to Sponsor's employees, agents, or vc~ll,~nteers arising out of ar resulting from. the c~~~ditipn cif City's real or personal property ar any lack of maintenance or repair thereon, and not caused by car arising out of the tortious conduct of City ar its er~~pleyees. Sponsor 1`urther agrees to indemnify and hold City harmless from any loss, liability, claim ar action froi~n damages or injuries to persons ar property in any way MUVII~ ~CIGN~'sINL~-SIGHT Sl~3NSC~R~HIP A~r~I~I~~~T pA~~ 3 a~ ~ 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: S onsor: City: Sherrie Aulbach Colin Moss sgordon @ sierratradingpost.com cmoss @ meri diancity.org Either party may change its a-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: ---~. Authorized Repr sentative Signature i~ ~~~~ ~~ Please Print Name CITY OF MERIDIAN: B Y: Tammy deNVj~erd, Mayor MOVIE NIGHT SINGLE-NIGHT SPONSORSHIP Title ~~~ Date ~,L.~I T ATTEST: City v: e~aHa ~, SEr~, ti "~~ ~~~ MAID ~~ ~"~ rne~500. City Clerk PAGE 5 of 6 Exhibit A CABLEONE MOVIE NIGHT IN MERIDIAN 2013 SPONSORSHIP PACKET Single Night Sponsor For $350 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre-movie video at your movie night. ^ • The opportunity to hang up to two (2}banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the Cab1eONE Movie Night in Meridian page. • Your logo and a link to your website on your movie night's event listing on the Meridian Parks and Recreation page on Facebook. • Your logo next to your event's listing on the Cab1eONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE-NIGHT SpoNSORSHIP AGREEM ENT PAGE 6 of b