Aerial Banner Towing Contract

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Aerial Banner Towing Contract Powered By Docstoc
					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


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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




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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



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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.




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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]




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                                                   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: ___________________




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DOCUMENT INFO
Description: 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.