RESTAURANT AGREEMENT Peoria Beer Festival Peoria Sports Complex Saturday, November 7th 2015 16101 N 83rd Ave 5-10 pm Peoria AZ 85382 This Peoria Beer Festival Donor Agreement (“Agreement”) is entered into this ______________ (date) by and between the Peoria Beer Festival (i.e. Peoria Diamond Club, Peoria North Rotary, and City of Peoria) and ____________________________________________________________________________, (“Donor”). DONOR: Company: __________________________________ Website: ____________________________________ Contact Name: ______________________________ Title: _______________________________________ Phone: _____________________ Fax: ____________________ Email: _______________________________ Address: ________________________________________________________________________________ Day-Of Contact: _________________________Phone: ________________ Email: _____________________ Facebook: ______________________________________ Twitter: __________________________________ For the 2015 Peoria Beer Festival at Peoria Sports Complex on November 7, 2015. RESTAURANT DETAILS: The Peoria Beer Festival agrees that restaurant shall receive the following: • • (1) 10x10 space with electricity (if needed- must be requested and confirmed in advance) 6 entry tickets Please list a description of food samplings that will be served, and any requests, below. Please attach additional sheets if necessary. You will be contacted prior to the event to confirm. ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ Please list any items you would like to donate to the silent auction, VIP Gift Bags, or the volunteer raffle: ________________________________________________________________________________________ ________________________________________________________________________________________ **PLEASE EMAIL A HIGH RESOLUTION LOGO FOR MARKETING PURPOSES WHEN SUBMITTING YOUR AGREEMENT** CONTACT: Peoria Diamond Club PHONE: 623.773.8710 EMAIL: info@peoriabeerfestival.com FAX: 623.773.8744 Peoria Beer Festival – TERMS AND CONDITIONS: a. b. c. d. e. f. g. h. i. j. k. The parties shall be and act as independent contractors, and under no circumstances shall this Agreement be construed as one of agency, partnership, joint venture or employment between the parties. Donor shall have no ownership rights to any revenue generated by the Peoria Beer Festival (hereafter referred to as ‘PBF’). Donor shall not use PBF logos on merchandise, advertising copy or any other direct or incidental use. Donor agrees that it shall provide the PBF with digital artwork in accordance to specifications provided by the PBF on or before the date(s) established within this Agreement. If Donor fails to do so for any reason, the PBF, in its sole discretion, may print Donor’s ad copy on a nonrevenue producing public interest advertisement. Donor will submit examples of all donor-provided items such as advertising artwork, signs, banners, promotional items, t-shirts and other giveaways for prior review and approval by PBF no later than 30 days in advance of the event. a. All advertising copy must (i) be suitable for broadcast over national network television pursuant to network guidelines and standards; (ii) will not be lewd, lascivious, vulgar or in bad taste; (iii) will not violate any laws, regulations or ordinances; and (iv) will not violate or infringe upon the rights of any third party. The PBF reserves the right, in its discretion, not to accept any advertisement copy provided by Donor, limit the amount of space afforded any one advertiser or any category of advertising, and to designate the location and order of advertising presentations. The acceptance by the PBF of Donor’s advertisement does not constitute any endorsement of Donor’s product or service. Donor shall, at its sole cost and expense, indemnify, hold harmless and defend the PBF, any other publishers, re-publishers, sellers and/or distributors of the souvenir program in which their advertisement appears and of the advertisement provided by Donor from any and all liabilities, damages, costs, expenses (including but not limited to attorney’s fees and litigation expenses) and/or claims arising or alleged to have arisen, directly or indirectly, out of the advertising copy provided by Donor, whether such claim is based on alleged copyright and/or trademark violation, trade libel, obscenity, misrepresentation, misappropriation, unfair competition or otherwise. Furthermore, to the fullest extent permitted by law, Donor shall defend, indemnify and hold harmless the PBF, its agents, representatives, officers, directors, officials and employees from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings), relating to, arising out of, or alleged to have resulted from the provision by Donor to the public of any items bearing Donor's advertisements pursuant to this Agreement. Donor's duty to defend, hold harmless and indemnify the PBF, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by the provision by Donor to the public of any items bearing Donor's advertisements pursuant to this Agreement. This Agreement shall be interpreted and governed under the laws of the State of Arizona. This Agreement cannot be amended except by a written agreement between the parties. All Donors and their affiliates or representatives who will conduct on-site promotional activities will be required to present a certificate of Commercial General Liability insurance with a limit not less than $1,000,000 general liability and $2,000,000 general aggregate coverage. The policy must name the Peoria Diamond Club, Peoria North Rotary, and City of Peoria as an additional insured. The undersigned hereby authorizes and directs the Peoria Beer Festival to advertise as specified above pursuant to the terms and conditions set forth in this Agreement and in Peoria Beer Festival’s TERMS AND CONDITIONS set forth above. Donor agrees that no promises of any kind not set forth herein shall bind or in any way affect the obligations of the parties to this Agreement. This Agreement shall be non-assignable and non-cancelable by Donor upon acceptance by the Peoria Beer Festival. Please initial next to the following: ______ Certificate of Liability Insurance required per item “k” of TERMS AND CONDITIONS ______ Deadline for response is October 1st, 2015 ______ Please note: Donor is required to use a canopy. ____ I am providing a canopy ____ Please reserve a canopy (cost of $100, payment due immediately upon submission of this agreement) I acknowledge that I have read and agree to the above Terms and Conditions. Printed Name: __________________________________________________ Date: ____________________ Signature: _______________________________________________________________________________ Peoria Beer Festival Representative (Printed Name): _____________________________________________ Peoria Beer Festival Representative (Signature): ________________________________________________ Please fill out this form, print, sign, and return via email info@peoriabeerfestival.com or fax 623-773-8744