Aerial Banner Advertising Agreement

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									This is an agreement between an advertiser and an aerial banner advertising service
provider to promote a certain product or services of the advertiser by means of aerial
signs and banners. This document contains the material terms of the agreement
including the fee to be paid, the schedule and route for towing the banner, and the
dimensions/content of the banner. This agreement should be used by a company or
individual that wants to hire an aerial banner advertising service.
                    AERIAL BANNER ADVERTISING AGREEMENT

THIS AERIAL BANNER ADVERTISING AGREEMENT (the “Agreement”), made as of
___________ [Instruction: Insert Date], by and between ___________ [Instruction: Insert
Name of Company], ___________ [Instruction: Insert Address] (the “Company”) and
___________ [Instruction: Insert Name of Client], ___________ [Instruction: Insert
Address] (the “Client”).

WHEREAS, Company is in the business of creating, printing and assembling banners that are fit
for use for aerial advertising;

WHEREAS, Company is the owner of an aircraft (the "Aircraft") that is suitable to provide aerial
banner towing services;

WHEREAS, Client desires to engage Company to print and assemble such a banner and provide
certain aerial banner towing services in connection with the advertising of certain goods and/or
services of Client; and

WHEREAS, Company desires to accept said engagement;

NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration set forth, the parties agree as follows:

1. Engagement.

    A. Company agrees to create, print and assemble a banner for Client’s goods and/or services
(the “Banner”), pursuant to the specifications set forth in Exhibit “A” hereof, attached hereto and
incorporated herein. Within ten (10) days of Company’s receipt of all of the information
requested in Exhibit “A”, Complete shall provide Client with a proof of the Banner (the “Proof”)
for Client’s review and approval. In the event that Client approves or fails to disapprove the
Proof within ten (10) days of Client’s receipt of the Proof, the Proof shall be deemed approved
by Client, and immediately thereafter shall be printed and assembled by Company. Company
shall have no liability for misspelled words or other mistakes on the Banner that appear on the
approved Proof. In connection with the foregoing, Client represents and warrants to Company
that:

      i.   Client is authorized to use all words and art contained on the Banner, and Company
shall indemnify Company for any and all third party claims arising from or relating to the
Banner; and

      ii. The Banner will not include any patently inappropriate, offensive, or obscene
language, messages or phrases. In the event that Company feels that the Banner fails to comply
with the foregoing, as Company may determine in its reasonable discretion, Company reserves
the right to refuse to print and/or fly the Banner.
     B. Company agrees to make the Aircraft, together with all equipment, instruments, engines,
computers, camera mount facilities, ground support vehicles, mooring masts and fuel necessary
for the operation of the Aircraft (collectively the “Equipment”), and all personnel (including
pilots and ground crew) necessary for the operation of the Aircraft (the “Personnel”), available
for take-off and landing at the times and places set forth in Exhibit “B” hereof, attached hereto
and incorporated herein, and to use the Aircraft to fly the Banner hereof, over the locations and
at the times set forth in Exhibit “B”. In connection with the foregoing:

      i.  Company shall keep and maintain the Aircraft and Equipment in good working order
during the term hereof and shall be solely responsible, at Company’s own expense, for
maintenance of the Aircraft and the Equipment;

     ii. Company shall hold and maintain all applicable licenses required to fly the Aircraft
and perform Company’s aerial banner towing services hereunder;

     iii. Throughout the duration of this Agreement, Company shall obtain and maintain, at its
sole expense aviation public liability insurance policy, with a minimum limit of not less than
______________________ Dollars ($___________) [Instruction: Insert Amount]. Upon
request Company shall furnish a copy of said insurance policy to Client;

     iv.   Company shall comply with the regulations of the FAA and/or all other controlling
Federal, State or Local regulations that are applicable to the performance of Company’s aerial
banner towing services hereunder. In the event that the terms of this Agreement conflict with the
said governmental regulations, said regulations will control;

      v. Company shall be solely responsible for any and all monies due to all Personnel hired
by Company for services rendered hereunder, and all other costs required to be paid or incurred
by the Personnel. Company shall indemnify and hold Client harmless from any and all liability
in connection therewith; and

     vi.   In the event of any failure of the Aircraft and/or any of the Equipment to be furnished
by Company hereunder, Company shall use Company’s best efforts to provide substitutes for
such Aircraft and/or Equipment at no additional charge to Client.

    vii.   Company shall indemnify and hold Client harmless from all liability related to
Company’s operation of the Aircraft, excluding the claims relating to the Banner, as provided in
paragraph 1(A)(A.i).

    viii. Notwithstanding anything to the contrary contained herein, Client acknowledges that
flights may be delayed or rescheduled due to unforeseen circumstances, such as, but not limited
to, adverse weather conditions, regulatory policies and operational policies. While Company
will diligently attempt to fly the Banner upon the schedule specified in Exhibit “B” (the
Schedule”), Company reserves the right to make reasonable adjustments based on said
unforeseen circumstance and Company shall not be liable for any damages or penalty for delay
or failure to fly in accordance with the Schedule due to said unforeseen circumstances.
2. Fee. In consideration of Company's full and faithful performance of all of Company's
obligations as set forth in this Agreement, Client shall pay to Company as follows:

    A. With respect to Company’s creation, printing and assembling of the Banner, within thirty
(30) days of Client’s receipt of an itemized invoice, Client shall pay Company
_______________ Dollars ($____) [Instruction: Insert Amount].

    B. With respect to Company’s aerial banner towing services, Client shall pay Company an
hourly rate of _______________ Dollars ($____) [Instruction: Insert Amount] per flight hour
(the “Fee”). One half of the estimated Fee shall be due and payable upon execution of this
Agreement. The remainder of the Fee shall be due and payable within thirty (30) days of
Client’s receipt of an itemized invoice.

3. Miscellaneous.

    A. In the event that any provision or part of this Agreement shall be deemed void or invalid
by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full
force and effect.

   B. This Agreement is not assignable or transferable by either party, in whole or in part,
without the prior written consent of the non-assigning party.

    C. This Agreement constitutes the entire agreement between the parties hereto with respect
to the specific subject matter hereof and supersedes all prior agreements or understandings of any
kind with respect to the specific subject matter hereof.

    D. Any modification to this Agreement must be in writing and signed by the parties or it
shall have no effect and shall be void.

    E. This Agreement shall be governed in accordance with the laws of the State of
_____________, [Instruction: Insert State], applicable to agreements to be wholly performed
therein, with jurisdiction exclusive to the Federal and State courts located in the County of
_____________ [Instruction: Insert County], State of ______________ [Instruction: Insert
State].

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IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first
written above.


COMPANY:


________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]


CLIENT:


________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
                                        Exhibit “A”
                                        The Banner

1. Size of Banner: ______________ [Instruction: Insert Size of Banner]

2. Words: ______________ [Instruction: Insert Words to be printed on Banner]

3. Artwork. In the event that Client desires to include custom art work on the Banner, Client
shall email Company (at ______________ [Instruction: Insert email address]) a PDF of such
artwork no later than thirty (30) days prior to date of first flight scheduled hereunder.
                                      Exhibit “B”
                                       Schedule

                  ___________ [Instruction: Insert Date of 1st Flight]

                          LOCATION                       TIME
TAKE OFF                  ___________       Airport      ___________ [Instruction:
                          [Instruction:      Insert      Insert Time]
                          Airport Name]
FLY ABOVE 1               ___________ [Instruction: ___________ [Instruction:
                          Place]                    Insert      Time]      to
                                                    ___________ [Instruction:
                                                    Insert Time]
FLY ABOVE 2               ___________ [Instruction: ___________ [Instruction:
                          Place]                    Insert      Time]      to
                                                    ___________ [Instruction:
                                                    Insert Time]
LANDING                   ___________       Airport ___________ [Instruction:
                          [Instruction:      Insert Insert Time]
                          Airport Name]


           ___________ [Instruction: Insert Date of 2st Flight, if applicable]

                          LOCATION                       TIME
TAKE OFF                  ___________       Airport      ___________ [Instruction:
                          [Instruction:      Insert      Insert Time]
                          Airport Name]
FLY OVER 1                ___________ [Instruction: ___________ [Instruction:
                          Place]                    Insert      Time]      to
                                                    ___________ [Instruction:
                                                    Insert Time]
FLY OVER 2                ___________ [Instruction: ___________ [Instruction:
                          Place]                    Insert      Time]      to
                                                    ___________ [Instruction:
                                                    Insert Time]
LANDING                   ___________       Airport ___________ [Instruction:
                          [Instruction:      Insert Insert Time]
                          Airport Name]

								
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