The
following agreement is between Auto Owners Of America LLC understood has HOST, a
representing party for facility OWNER, and the signing party below understood
as ORGANIZER.
It is of the
mutual agreement that with the exception of labor and insurance costs
understood as Operational Costs assumed by HOST, Gross profits from the said
event will be distributed post completion to the event to ORGANIZER after
ticket sales and associated refunds if any have been reported. This also
includes payment processing fee and like costs required by a third party ticket
or sales vendor (EventBrite, GiveBox, The Foat, etc.) if example third party
sales vendors are elected for use. If
ORGANIZER is arranging ticket and or vendor sales through a proprietary program
or one not overseen by HOST, ORGANIZER is to provide HOST with payment to cover
costs elected below no later than the day of the event.
_________________________________________________________________________________________________________
Gross Profits: Gross Profits are understood as sales generated by any and all event
activity including but not limited to ticket sales, vendor fees, and raffle
fees. Direct donations not associated
with a product or service are not within a gross profit assumption.
Gross Profits Payments: If sales are generated through a program managed by HOST, HOST is
responsible to apply refunds, provide reports, and provide payment to ORGANIZER
within a NET30 period. If sales are
generated through a program managed and controlled by ORGANIZER, ORGANIZER is
the responsible party to apply refunds, and confirm receipt of required
payments to ORGANIZER.
Operational Costs: Operations costs are understood as day-of-event costs assumed by HOST for
insurance, labor, and if so required cost for repair to any damages resulting
from event activity not covered by insurance.
Operations Costs will be deducted from gross profits by HOST if HOST is
the managing party for ticket sales.
Operations Costs will be paid to HOST by ORGANIZER no later than five
(5) days post event completion date if ORGANIZER is the managing party for
ticket sales.
Documentation: ORGANIZER must provide a valid (W9)
for taxation purposes before a profit share is agreed to and or distributed
thereafter.
Reports: All such reports and sales are
always accessible to the said parties and will be provided if either party in
unable to access for any reason.
Owners
Right to Deduct: OWNER
may deduct costs associated with but not limited to percentage of event sales, cleaning,
property damage repair, citations, etc. if such costs accrue due to spectator
or auto owner aggressive behavior that results in the need for OWNER or HOST to
remedy such damages, cleaning, enforced citations, etc. Acceptable HOST/OWNER costs
assumed with this agreement:
Insurance:
ORGANIZER, OWNER or HOST may assume the cost for such event
insurance. This assumption is to be
agreed upon and obtained prior to the event date. All vendors must be properly insured, names
as additionally insured and sign the
required Liability Release Form Indemnifying OWNER and HOST.
Guarantee:
HOST nor OWNER guarantees ORGANIZER results that pertain to ticket
sales, spectator attendance, available parking outside of the identified area
of use, or any expectations that ORGANIZER may have. HOST guarantees use of approved area(s) of
use and refunds if deeded refundable.
HOST cannot guarantee municipality corporation and or acceptance. ORGANIZER to consult with such municipal
parties if so desired.
Conduct: ORGANIZER has been informed, agrees
to, and understands that OWNER or HOST reserves the right to cancel, close, and
or evacuate said event if ORGANIZER or ORGANIZER attendees including spectators
and ticketed auto owners conduct themselves in a manner that places the public,
property, or facility at risk. ORGANIZER
also has been informed, agrees to, and understands that no products or activity
including dress attire of ticketed auto owner, vendors, or vendor models deemed
as sexually explicit, vulgar, racist, or inappropriate for ages under 10 years
of age are allowed. This includes
content used in marking prior to and during this event. The following items but not limited to may
not be sold, promoted, used, or solicited at the event: alcohol, cannabis or
any variation thereof, marijuana, tabaco, sexual content or sexually explicit
material of any kind.
Furthermore
ORGANIZER understands and agrees that all vendor and vendor products will be
presented to HOST or OWNER no later than one (1) week prior to an approved
event date. HOST and OWNER reserve the
right to decline vendors and or vendor products, including expelling vendors
during an event if violations are deemed by HOST or OWNER.
Car Models:
Allowed attire of car club models, vendor models, or any such models at
the event representing any aspect of the event is as follows: Standard attire,
fitness or work-out attire. Models may
not wear and will otherwise be asked to leave or change attire if any variation
of the following are identified by HOST or OWNER: lycra
clad, bikini car wash, grid girl look which also closely
resembles the outfits worn by a lady of the night or a professional dancer. HOST or OWNER reserve the right to make the sole and final
decision if models are wearing attire that is not acceptable. ORGANIZER is
advised to inquire with HOST or OWNER to approve specific attire prior to show
dates.
Protocol:
ORGANIZER is responsible to ensure ample staffing of ORGANIZER, and
remaining present at all times while show cars are on site. ORGANIZER staffing
must be positioned throughout event areas to ensure the following do not
occurred: burnouts, two-stepping, revving, racing, donuts, fights, or any
aggressive activity, and or disruptive behavior. At any time HOST or OWNER reserves the right
to cancel, close down, and evacuate the event is so deemed necessary by HOST or
OWNER.
Number of ORGANIZER staff required: No less than 5
Indemnification: Whether or not an event transactions contemplated hereby shall
be consummated, the signing party whether ORGANIZER, VENDOR, VOLUNTEERS, OR
SPTECTAOR agrees to defend, indemnify, pay and hold harmless agents, officers,
directors, trustees, partners, employees, attorneys and affiliates of any Auto
Owners Of American and event facility owners (collectively called the
"INDEMNITEES") from and against any and all other liabilities,
obligations, losses, damages, penalties, actions, judgments, suits, claims,
costs, expenses and disbursements of any kind or nature whatsoever (including,
without limitation, the reasonable fees and disbursements of counsel for such
Indemnitees in connection with any investigative, administrative or judicial
proceeding commenced or threatened by any Person, whether or not any such
Indemnitee shall be designated as a party or a potential party thereto),
whether direct, indirect or consequential and whether based on any federal,
state or foreign laws, statutes, rules or regulations (including, without
limitation, securities and commercial laws, statutes, rules or regulations and
Environmental Laws), on common law or equitable cause or on contract or
otherwise, that may be imposed on, incurred by, or asserted against any such
Indemnitee, in any manner relating to or arising out of this event agreement.