Sponsorship Contract (You will be emailed a pdf version of this also)
This Holiday Pop-Up Shop Sponsorship Agreement (the “Agreement”) is made and effective today (the “Effective Date”), by and between Allioppe, LLC an Oklahoma limited liability company (the “Company”) and the above mentioned business an individual (“Customer”).
In consideration of the mutual terms and provisions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Customer and Company agree as follows:
1. Holiday Pop-Up Shops.
The Company will be producing and managing a series of pop-up shops during the 2017 holiday season located at 399 NW 10th, Midtown, Oklahoma City, Oklahoma (the “Pop-Up Shops”). The Pop-Up Shops will be open on the following dates:
• November 24 - November 26
• November 30 - December 3
• December 7 - December 10
• December 14 - December 17
• December 21 - December 23
2. Sponsorship Levels and Benefits.
The Company offers sponsorships that cover all four weekends of the Pop-Up Shops at the rates set out on their website. Their website also covers the benefits that each level of sponsorship includes.
3. Sponsorship Purchase.
Customer agrees to purchase the selected Sponsorship which for the sum of mentioned with the selected sponsorship (the “Sponsorship Amount”).
4. Payment by Customer.
The Customer agrees to pay the Company for the Sponsorship Amount. All sums due under this Agreement shall be paid in full at the time this Agreement is signed and returned to the Company.
5. Right to Refuse.
The Company retains the absolute right and sole discretion to refuse to display any advertising material that it deems inappropriate, offensive or in any way not consistent with the image that Company and/or Pop-Up Shops wishes to portray.
Company agrees to devote the necessary time and capacities to the performance of its services as required under this Agreement. Company shall perform such services, assume such responsibilities and devote such time, energy and attention to its services as necessary to achieve the results and standards as the Customer in its discretion may set.
The term of this Agreement shall commence beginning with the Effective Date and end upon the conclusion of the 2016 Pop-Up Shops.
8. Relationship of Parties.
(a) For purposes of this Agreement, Company and Customer shall be considered “independent contractors” and shall never be considered employees of the other. Other than the extent that Company is required to perform services hereunder, Company shall be free to perform such other services, as it may so desire, to any other person or party.
(b) Since Company is an independent contractor and not an employee, Company shall be responsible for the payment of any and all taxes, fees or assessments which may be attributable to the compensation paid to it pursuant to this Agreement or otherwise due in connection with performance of services, which will include by example, not by limitation, any and all income taxes and employment taxes. Further, in the event Company is reclassified as an employee of the Customer rather than as an independent contractor, and the Customer is held responsible for the payment of any assessments (including by example taxes, penalties, and interest) or other costs due to such reclassification, then, Company shall indemnify and reimburse the Customer for such costs.
(c) Attorneys’ Fees and Costs. In the event any matter related to this Agreement is litigated outside of arbitration, the losing party shall pay to the prevailing party its reasonable attorneys’ fees and costs incurred in any proceeding to enforce the terms of this Agreement.
9. Responsibility for Taxes.
The parties have agreed that Company shall perform its services under this Agreement in its capacity as an independent contractor. Accordingly, the Customer shall report the compensation paid to Company on IRS Form 1099. Company agrees that it will be responsible for the payment of all taxes attributable to the amounts paid to it under this Agreement.
10. Binding Effect.
This Agreement shall be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns.
Any disputes, claims, or controversies between Company and the Customer related to this Agreement, shall be resolved by binding arbitration. Arbitration shall be in accordance with the rules of the American Arbitration Association, including discovery under the Federal Rules of Civil Procedure, and shall be undertaken pursuant to the Federal Arbitration Act. Arbitration will be held in Oklahoma City, Oklahoma, unless the parties mutually agree in writing to another location. The decision of the arbitrator will be final and enforceable in any court of competent jurisdiction. Each party shall bear its own attorneys’ costs and attorneys’ fees in connection with any such arbitration, but the Customer shall pay all fees of the arbitration itself. Provided, however, at Company’s option, it may file a lawsuit in small claims court in Oklahoma County to collect any sums due under this Agreement but not paid. If Company is forced to file a small claims action, Company shall be entitled to recover all of its attorney fees and costs incurred in the action from the Customer, if the Company prevails.
12. Governing Law.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oklahoma.
This Agreement may not be amended, except by an instrument in writing signed by the Customer and Company.
14. No Waiver.
No waiver of a breach of any provision of this Agreement shall be construed to be waiver of any breach of any other provision. No delay in acting with regard to any breach of any provision of this Agreement shall be construed as a waiver of such breach.
15. Entire Agreement.
Customer acknowledges receipt of a copy of this Agreement and agrees that with respect to the subject matter hereof, it is the entire understanding and agreement with Company regarding its subject matter, superseding any and all previous oral and written agreements regarding the relationship between Company and the Customer. There are no oral representations, understandings, or agreements with Company or any of its officers or representatives covering the same subject matter.