SPONSORSHIP AGREEMENT

 
Sponsorship Agreement

This Confidential Instructions: Sponsorship Agreement (the “Agreement”) is effective (05/09/2021),

BETWEEN:            
USQ FC (the “Organiser”), a company organised and ex which is located at 119-126 Baker Street, Darling Heights
Toowoomba, QLD
4350, Australia

AND:   SPONSOR COMPANY (the “Sponsor”), a company organised and existing under the laws of Queensland/Australia, with its head office located at:

WHEREAS, [USQ FC], the “Organiser”, has the exclusive right to organize and conduct a [type] event which is to be held [specify time] in [TOOWOOMBA, QLD] and to be known as [EVENT NAME] (Events); and

WHEREAS, Sponsor has determined to provide financial support for the Event in exchange for certain promotional rights to be provided by Organiser;

NOW, THEREFORE, in consideration of the mutual agreements and promises contained herein, the parties hereto agree as follows;

 

1. OFFICIAL STATUS

Organiser grants to Sponsor the exclusive right during the Term of this Agreement to use Organiser’s Trademarks as described herein in advertising and promoting Sponsor’s Products (Services) as defined herein and to refer to such Products (Services) as the “Official [product or service category]’ of the Event.

2. ADVERTISING AND PROMOTION

  • 2.1. Subject to Organiser’s rights of approval as described in this agreement, Sponsor shall have the right to use Organisers Trademarks {Service Marks} in advertising and promotional activities as it deems desirable during the term of this agreement.

  • 2.2. Organiser shall [use its best efforts to] provide the following rights to Sponsor during the Term of this Agreement:

  • The right to sell Products [Services] at the Site of the Event;

  • 2.2.1  The right to have banners. Such banners to be provided by Sponsor and to be of a size and design chosen by Sponsor [Organiser] and placed in accordance with Sponsor’s [Organiser’s] directions;

  • 2.2.2  The right to have [number] additional signs at locations specified by Organizer [Sponsor] and at a distance of at least [number] feet from other signage, such signs to be provided by Sponsor [Organizer];

  • 2.2.3  The right to credit as follows in all print advertising [of a size larger than] square inches] [placed by Organizer] in connection with the Event; [Sponsor’s Event];

  • 2.2.4  The right to have Sponsor’s Trademarks [Service Marks] on stationery, business cards, and other brochures used by Organizer in connection with the promotion of the Event;

  • 2.2.5  The right to have Sponsor’s name and/or Trademarks [Service Marks] on [percent] of all units of each type of all official merchandise authorized by Organizer;

  • 2.2.6 The right to be named in all press releases issued by Organizer;

  • 2.2.7 The right to sell or give away promotional merchandise in connection with advertising or promoting the Event, but only in compliance with Paragraph 8 of this Agreement;

  • 2.2.8 The right o purchase advertising spots on network cable or other television broadcasts of the Event licensed by Organizer [to the extent permitted in Organizer’s broadcast license agreement];

  • 2.2.9 The right to opening and closing audio and video billboards in all television coverage, to the extent permitted by the station licensed by Organizer to cover the Event’

  • 2.2.10 The right to one page of advertising in the official program authorized by Organizer;

  • 2.2.11 The right to use film clips (not to exceed [number] minutes in length) of past events [of this type] organized by Organizer for advertising and promotion, subject to prior approval;

  • 2.2.12 To use film clips (not to exceed [number] minutes in length) of the Event for purposes of advertising Sponsor’s involvement with the event; and

  • 2.2.13 The right to erect a courtesy tent [or host a similar area] at the site of the Event at a location designated by Organizer.

3. SPONSORSHIP FEE

In consideration of the full performance by Organizer of all of its obligations hereunder and of all right granted hereunder to Sponsor, Sponsor shall pay to Organizer the total sum of [AMOUNT], payable as follows:

[$1,000]…on or before [30/10/2021]

[$250]…on or before [30/10/2022]

[$250]…on or before [30/10/2023]

4. REBATE OF SPONSORSHIP FEE

Sponsor will have to put in writing any condition for a rebate of sponsorship fee..

5. OPTION TO REVIEW

There will be an option to review and extend sponsorship after the 3 years. 

6. EXCLUSIVITY

Organizer represents and warrants that it will not authorize any seller of any product [service] competitive to the Products [Services] or antithetical or incompatible with the Products [Services] to be an Official Sponsor or Supplier or to be associated in any way with the Event [(including on-site signage and concessions)]. Sponsor shall have the right to approve all other Sponsors and Suppliers. [If Organizer proposes a potential Sponsor or Supplier that makes goods [offers services] competitive to those of Sponsor but proposes to promote goods [services] that are not competitive to any product [or service] made by Sponsor, then Sponsor will not unreasonably withhold its approval of said sponsor or supplier.

7. TRADEMARKS

Sponsors trademark and corporate identity will be used by Organiser for printing/promotional and marketing purposes. Organiser will get approval of logo on each product prior to approval and ordering.

8. MERCHANDISING

Oragniser will seek approval from Sponsor for any merchandise that will have Sponsors logo or trademark on it.

9. WARRANTIES

It has the full right and legal authority to entre into and fully perform this Agreement in accordance with its terms without violating the rights of any other person Organizer’s Trademarks [Service Marks] do not infringe the trademarks or trade names or other rights of any other person. It has all government licenses, permits, or other authorizations necessary to conduct the Event as contemplated under this Agreement. It will comply with all applicable laws, regulations, and ordinances pertaining to the promotion and conduct of the Event.

10. INDEMNITY

Each party will indemnify, defend, and hold harmless the other, its parent, subsidiary, and affiliated corporations and their respective directors, officers, employees, agents, successors, and assigns, from and against any and all claims, damages, liabilities, losses, government proceedings, and costs and expenses, including reasonable attorney fees and costs of suit, arising out of any alleged or actual breach of this Agreement or the inaccuracy of any warranty or representation made by it or any act or omission by it in the performance of this Agreement or the purposes hereof.

11. INSURANCE

Each party hereunder shall obtain and maintain at its own expense, during the term of this Agreement and for a period of [NUMBER] years following the Event, a standard Comprehensive General Liability Policy written by a [COUNTRY] insurance company in the face amount of [AMOUNT], which policy shall (l) specifically cover such party’s incidental contractual obligations; (ii) provide standard product liability protection and (iii) list the other as a named insured. Such insurance shall be in a form reasonably acceptable to counsel for the other and shall require the insurer to give the other at lease [NUMBER] days’ prior written notice of any modification or cancellation. Each party shall provide the other with such evidence of coverage as may be reasonably acceptable to the other within [NUMBER] days following the execution of this Agreement.

12. TERM AND TERMINATION

This Agreement shall become effective on the date first above written and shall expire on [DATE], unless terminated earlier or renewed pursuant to the terms hereof (Term).

Without prejudice to any other rights or remedies that Sponsor may have, Sponsor may terminate this Agreement immediately by delivery of notice to Organizer if at any time.

13. CANCELLATION AND PREEMPTION

Cancellation of sponsorship Agreement will need to be in writing and the Organiser will respond within 60 days.

14. ARBITRATION

The parties agree that any dispute between them arising out of, based on or relating to this Agreement shall be resolved exclusively by arbitration conducted in accordance with the Commercial Rules then in effect of the [AUSTRALIA] Arbitration Association. Such arbitration shall be held in [TOOWOOMBA]. 

15. MISCELLANY

  • 15.1. Confidentiality The parties hereto agree to maintain in confidence the terms and conditions of this Agreement except to the extent that a proposed disclosure of any specific terms or conditions hereof by either party is authorised in advance by the other party.

  • 15.2. No Joint Venture or Partnership This Agreement shall not be deemed to create a joint venture, partnership, principle-agent, employer-employee, or similar relationship between Organiser and Sponsor.

  • 15.3. Invalidity The determination that any provision of this Agreement is invalid or unenforceable shall not invalidate this Agreement, all of said provisions being inserted conditionally on their being considered legally valid, and this Agreement shall be construed and performed certified or registered mail or telex:

If to Sponsor, to: [ADDRESS]

If to Organiser, to: [ADDRESS]

  • Or such other address as either party may designate in writing to the other party for this purpose.

  • 15.5. Governing Law [and Consent to Jurisdiction] This Agreement is subject to and shall be construed in accordance with the laws of the State of [ALD] [and Sponsor [Organiser] consents to jurisdiction in the state and federal courts located in [Toowoomba,QLD] and hereby waives personal service. Sponsor [Organiser] hereby appoints the ambassador and any consul or vice consul from [COUNTRY] as its agent for the receipt of process hereunder.

  • 15.6. Nonassignment Neither party shall assign this Agreement without the prior written approval of the other party, except that Sponsor may assign this Agreement to any entity which acquires substantially all of its assets.

  • 15.7. Complete Agreement This Agreement represents the entire agreement between the parties and supersedes all other agreements, if any, express or implied, whether written or oral. Organiser has made and makes no representations of any kind except those specifically set forth herein.

  • 15.8. Binding Agreement This Agreement shall be binding on the parties, their successors, and assigns.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.

Organiser                                                                     Sponsor

 

Authorised Signature                                                Authorised Signature

 

Print Name and Title                                                  Print Name and Title

 

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