VIEWS: 921 PAGES: 8 CATEGORY: Advertising Agreements POSTED ON: 5/3/2010
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 an aerial banner advertising company or a company or individual that wants to hire an aerial banner advertising service.
Aerial Banner Towing Contract This is an agreement between an aerial banner towing service provider and a client that wants to use the towing service to promote a certain product or services of the advertiser by means of aerial signs and banners. Simply enter your information in the yellow highlighted fields, delete the bolded instructions, and you’ll have a customized agreement that will protect both parties’ interests. This agreement should be used by an aerial banner advertising company or a company or individual that wants to hire an aerial banner advertising service. AERIAL BANNER TOWING CONTRACT THIS AERIAL BANNER TOWING CONTRACT (hereinafter referred to as the “Agreement”) is made and entered into on this __________ day of ________ 201__ ____, by and between ___________________________, [NAME OF COMPANY PROVIDING AERIAL SERVICES] located at ____________________________ (hereinafter, “Air Carrier”), and __________________________ [NAME OF COMPANY/PERSON WANTING TO ADVERTISE] residing or doing business at _______________________________ (hereinafter, ”Advertiser”). The Air Carrier and the Advertiser are, collectively, referred to herein as the “Parties”. WHEREAS the Advertiser desires to obtain aerial banner towing services from the Air Carrier and the Air Carrier hereby accepts to provide such Services for the Advertiser subject to the terms of this Agreement NOW THEREFORE in consideration of the covenants and obligations contained herein, the Parties hereto represent and agree as follows. 1. SERVICES For and during the Term of this Agreement, the Air Carrier shall provide aerial banner towing services, as specified in the attached Exhibit A for the Advertiser. 2. TERM This Agreement shall commence on the date first above-written and shall expire on ___________________, 201___. 3. SUPPLY OF MATERIALS Advertiser shall provide the banner(s) to be towed and Air Carrier shall provide all necessary assistance to the advertiser with regard to specifications for materials, weight and content of the Banner. Advertiser shall be responsible for the suitability of the banner for towing. Air Carrier is responsible, within ____ days of this Agreement becoming effective, for providing to Advertiser guidelines for producing a banner physically suitable for towing. 4. DELIVERY OF EQUIPMENT The banner(s) shall be delivered by the Advertiser to the Air Carrier at Advertiser’s own expense at least ________ business days prior to the initial date for towing. Said banner shall be examined by Air Carrier for suitability for towing. At the conclusion of the services contracted © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 herein, Air Carrier shall, at Advertiser's sole expense, ship the banner to the Advertiser, or shall dispose of the banner as directed by the Advertiser. 5. RIGHT TO REFUSE Air Carrier reserves the right to refuse the banner in its sole discretion and shall not be required to tow banners which in its sole judgment are unsafe or does not conform to the details, instructions, and guidelines that Air Carrier provided to Advertiser pursuant to Clause 3, above, or, is in violation of any applicable laws or regulations. 6. INDEMNIFICATION Advertiser shall indemnify and hold the Air Carrier harmless from and against any loss, claims or expenses arising from the towing services, including without limitation to all copyright, trademark or other intellectual property claims by any third party. This indemnification shall not apply to damages unrelated to Advertiser actions or inactions, that are a result of Air Carrier's own negligent, reckless, or intentional acts. 7. WARRANTY Advertiser represents and warrants that it is authorized to publish the entire contents and subject matter of the art or Banner and that the publication of the Advertisement will not defame anyone or violate the trademark, copyright, right of publicity, or right of privacy, or any other proprietary right of the third party. 8. SCHEDULE Air Carrier shall diligently attempt to tow the banner as per the schedule mentioned in Exhibit A. Air Carrier shall operate strictly in accordance with all applicable regulations and its licenses to operate. 9. INSURANCE Air Carrier shall at all times maintain public liability insurance/aviation public liability with minimum limits of $ (_____________) with a licensed carrier or carrier(s) in the state of __________________, and shall provide proof of such coverage to the Advertiser upon request. 10. FEES © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 Air Carrier shall receive a fee of $ (_________) per tow. This fees shall be paid in advance by cash or check, or by any other method agreed to, in writing, by both parties. 11. CANCELLATION In the event that, in air carrier's sole discretion, any scheduled tow cannot be safely accomplished due to bad weather or any regulatory or other operational conditions, Air Carrier is entitled to cancel such scheduled tow and reschedule the tow in consultation with the Advertiser. The Air Carrier shall not be liable to the Advertiser for any failure to tow banners caused by such operational conditions. 11. LIABILITY Air Carrier shall indemnify and hold advertiser harmless for all liability related to its operations, other than intellectual property claims identified above. 12. REGULATIONS Any regulations of the Federal Aviation Administration (FAA) or other authorities which are applicable to the provision of these services, as changed from time-to-time, are incorporated herein, and in the event of any conflict with the terms herein, the governmental regulations will control. 13. GOVERNING LAW & JURISDICTION All issues relating to the towing services will be governed by the laws of the state of _____________. Any action must be brought in the state of __________________, and the parties hereby consent to the jurisdiction of such courts. The prevailing party in such proceeding shall be entitled to receive its reasonable attorneys’ fees, expert witness fees, and out-of-pocket costs incurred in connection with such proceedings, in addition to any other relief to which it may be entitled. 14. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assignees. Neither party may assign this Agreement without the prior written consent of the other 15. AMENDMENTS AND WAIVERS © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 No amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by the parties hereto. No waiver of any breach of this Agreement shall be binding or effective unless made in writing and signed by the party purporting to give the same and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived. 16. NOTICE Any notice or other communication required or permitted to be given by either party to the other shall be signed by or on behalf of the party given the notice and delivered personally, by facsimile, or mailed by prepaid registered post to the other party’s current address. Any notice delivered personally or by facsimile shall be deemed to have been given and received on the date it is so delivered. Any notice given by mail shall be deemed to have been given and received 5 days after sending. In the case of a mail strike, deliver is deemed effective 5 days following the resumption of normal mail service. 17. ENTIRE AGREEMENT This Agreement, including any Exhibits to this Agreement, constitutes the entire agreement between the parties relating to this subject matter and supersedes any prior agreement, terms and conditions, understanding, representations, discussions, negotiations, and agreements, whether written or oral. This agreement is the entire agreement between both parties, and may only be altered by an instrument in writing. 18. SEVERABILITY The invalidity or unenforceability of any provision of this Agreement or any covenant in it shall not affect the validity or enforceability of any other provision or covenant in it and the invalid provision or covenant shall be deemed to be severed. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5 IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written Air Carrier: _____________________________________ _____________________________________ [NAME, TITLE AND SIGNATURE OF PERSON AUTHORIZED TO ACT ON BEHALF OF AIR CARRIER] Advertiser: ______________________________________ ______________________________________ [NAME, TITLE, AND SIGNATURE OF PERSON AUTHORIZED TO ACT ON BEHALF OF ADVERTISER] © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6 EXHIBIT "A" Details of Towing length of banner: type of banner: Weight of banner:_____________ Contents of Banner: __________________ Schedule Dates for towing: (Day, Month, Year)___________________________ ___________________________________________________________ Time(s) for towing: ______________________ Route for towing: ___________________ © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 7
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