I hereby grant activ8 permission to interview me and/or to use my likeness in photograph(s) /video in any and all of its publications and in any and all other media, whether now known or hereafter existing, controlled by activ8, in perpetuity, and for other use by activ8. I will make no monetary or other claim against activ8 for the use of the interview and/or the photograph(s)/video.
- A deposit will be paid by Guest at the signing of this agreement in the amount of $100.00 to reserve venue and date.
- Upon completion of event, Guest will make final payment of the total amount due as calculated in the attached Total Charges.
- Pricing is based on “Number of Guests” shown above and may not be decreased after deposit has been received.
- At the time of the event, an actual count will be made of those attending, and payment will then be made for any excess attendance and any other charges incurred but not yet paid.
RULES & REGULATIONS
Guest agrees to be bound by activ8’s “TERMS AND CONDITIONS” and “REGULATIONS” which are made apart of this agreement, including those pertaining to outside contractors. activ8 reserves the right to change any or all policies at any time without notice.
Additional Charges and Services
Additional charges are made for the following:
- When the event time exceeds the schedule.
- Additional service personnel.
- Other goods and services are required.
CANCELLATIONS AND REFUNDS
If Guest cancels the event more than 10 days before the event date, activ8 will refund 100% of the Guest’s deposit. If Guest cancels the contracted event less than 10 days before, activ8 will refund 50% of the deposit amount.
If activ8 is unable to perform its obligations under this agreement for any reason beyond its control, including but not limited to strikes, labor disputes, accidents, government requisitions, restrictions, or regulations on commodities or supplies, acts of war or acts of God, such nonperformance is excused and activ8 will not be liable for any consequential damages of any nature. If the space reserved is not available, for any reason, activ8 may substitute space of comparable quality, which Guest agrees to accept.
ACTIV8 AGREEMENT AND LIABILITY WAVIER
This Agreement and Liability Waiver (herein after “Agreement”) is hereby entered into between Trinet Corporation, a Michigan Domestic Corporation, d/b/a activ8 Enterprises (herein “activ8”), and Guest (as defined above), for the use of services defined in Section 1 at location defined in Section 2, on the date of Agreement execution, and shall be effective as of the date this Agreement is signed and shall terminate naturally at the expiration of the term as agreed to by and between the parties, as indicated in Section 4.
- activ8 will provide requested services as indicated above.
- This Agreement shall be applicable and effective ONLY at Event Location defined above.
- This Agreement shall terminate naturally upon event completion.
- Effective Date. The effective date of this Agreement shall be the date the Agreement is signed by the parties. In the event the Agreement is not signed by all parties on the same day, the effective date will be the date the Agreement is signed by a required party that is last in time.
- Duration. The Duration of this Agreement shall begin on the effective date and continue until the date of termination as defined in the following section.
- Termination for Cause. activ8 reserves the right to terminate this Agreement prior to the date of event if the Guest materially breaches this Agreement, and/or any ancillary contract, or agreement otherwise, for receipt of compensation in exchange for activ8 services and/or the use of activ8 equipment, and the Guest fails to cure that breach within seven (7) days.
- Termination without Cause. activ8 reserves the right to terminate this Agreement without cause, and in so doing must give the Guest written notice of the termination at least ten (10) days prior to the date of termination.
- Effect of Termination. All rights, duties, and obligations of activ8 and the Guest shall immediately terminate upon the date of termination. Termination shall not affect each party’s obligation to pay all amounts due and owing that have accrued during the duration of this Agreement prior to the termination.
LEASE OF EQUIPMENT
- Locations other than activ8 – Equipment to be Used in relation to the Mobile Gaming Unit. The Guest, by executing this Agreement, is hereby permitted use of equipment owned by activ8, to be used for the sole purpose(s) in accord with this Agreement. Equipment includes any and all equipment necessary for the operation of this Agreement, including televisions, monitors, flat screen displays or the like; any and all Xbox, Playstation, Wii, or other type gaming units; gaming controllers, all necessary cables, wires, and other necessary electrical cables, wires, or connectors; any and all compact discs, computer disks of any kind, flash, zip, and/or jump drives, hard drives. Further, the equipment used and estimated value(s) are listed in Attachment A.
- Indemnity. The Guest, by executing this Agreement, does hereby agree to indemnify activ8 against any and all damage to the equipment leased. The Guest shall deposit with activ8 a Security Deposit as agreed to by the Guest and activ8 in the amount of WAIVED on or before the effective date of this Agreement as defined herein. The Security Deposit shall remain the lawful property of the Guest and shall be returned to the Guest within thirty (30) days of the date of termination, in any form, of this Agreement, unless the equipment is damaged and the damage is not cured by the Guest within a reasonable time from the date the damage occurred. In the event the equipment was damaged, lost, or stolen and the Guest fails to cure the damage, and/or replace the lost or stolen equipment, within a reasonable time activ8 may use the Security Deposit towards the purchase of equipment to replace the damaged, lost, or stolen equipment. The Guest agrees to notify activ8 in writing of any and all damage to any of the equipment being leased and kept at the location(s) for the purpose(s) to be used in relation to the operation of this Agreement as soon as the damage occurs, or within a reasonable time thereafter not to exceed more than three (3) days.
- Ownership of the Equipment. At all times, the equipment leased to the Guest, and kept at the Guest’s location(s) for the operation of this Agreement shall remain the lawfully property of activ8. The Guest agrees, by executing this Agreement, that it DOES NOT acquire any ownership interest or rights in the Equipment that is leased for use in relation to the operation of this Agreement.
- activ8’s Right to the Return of the Equipment. The Guest shall return any and all Equipment leased to Guest by activ8 under this Agreement immediately upon termination of the Agreement for any reason, and/or the Guest shall permit activ8 to enter onto the Guest’s location(s) as indicated herein to retrieve the Equipment in a peaceful manner.
- Hold harmless and Limitation of Liability. The Guest, by executing this Agreement, does hereby agree to hold activ8 harmless and defend activ8 against any and all claims for injury to any person arising out of the operation of this Agreement in relation to the Guest’s location(s) permitted herein.
- Guest Liability Insurance. The Guest, by signing and executing this Agreement, agrees to maintain at all times relevant to the duration of this Agreement, liability insurance to cover any damage to the equipment leased from activ8, and to maintain liability insurance for any personal injury that may occur to patrons, employees, and/or any person otherwise injured in relation to operation of this Agreement of at least $100,000.00 per incident.
- Ownership of Games, Programs, Files. activ8 acknowledges, and the Guest acknowledges, that any and all intellectual property rights, including copyrights, trademarks, and the like for any and all games, programs, files, or other, for which activ8 has been granted a license by the Publisher for the authorized use thereof, are the sole and exclusive property of the Publisher.
- Guest of copyrights, images, trademarks. The Guest, by executing this Agreement, does hereby agree to refrain from displaying, reproducing, or otherwise using any and all images that are protected by copyright, trademark, or other laws, in connection with advertising, promotion, or the like, in relation to the Operation of this Agreement pertaining to any and all games, programs, or files for which activ8 has been granted a license by the Publisher for the authorized use thereof. The Guest agrees to comply with any and all laws regarding the unauthorized use of copyrights, trademarks, or the like.
- Limitations. The Guest, by executing this Agreement, does hereby agree that it will prevent its employees, customers, or any other person from copying, reproducing, downloading, transferring, or otherwise distributing any and all games, programs, files, or the like, in relation to the Operation of this Agreement, for which activ8 has activ8 has been granted a license by the Publisher for the authorized use thereof.
- Compliance with activ8 Licensing Agreements. The Guest, by executing this Agreement, does hereby agree that it will comply with the terms of any and all licensing agreements, contracts, or otherwise, related to the Operation of this Agreement, for the use of any and all games, programs, files, or otherwise for which activ8 has entered into for the authorized use.
- Notice and Correspondence. All notices and correspondence under this Agreement shall be sent to activ8 at the following address, and shall be deemed received as of the date it is delivered if by courier, or three days after the postmark if sent by U.S. Mail, UPS, FedEx, or the like; Trinet Corporation c/o activ8 374 Hilton
Ferndale, MI 48220
- Governing Law; Attorney’s Fees
- Choice of Law. This Agreement shall be controlled by the laws of the State of Michigan. To the extent any suit is brought hereunder upon this Agreement, suit shall be filed in the Novi District Court, Oakland County Circuit Court, or Federal District Court for the Eastern District of Michigan. By executing this Agreement, the Guest agrees to submit to personal jurisdiction in the aforementioned courts.
- Attorney’s Fees. If either party initiates an action, lawsuit, or otherwise, to enforce the rights, duties, or obligations arising out of this Agreement, the prevailing party shall be entitled to recover expenses, including reasonable attorney fees.
- No Assignments, Agency, or Partnerships. This Agreement shall not be construed in any manner so as to establish a partnership, assignment of rights, agency, or the like between the Guest and activ8 with respect to the Operation of this Agreement. The relationship between the Guest and activ8 shall be that of the lessor and lessee. Neither party shall be construed under the terms of this Agreement to be the agents, employees, representative, servants, or assigns of the other party; and shall have no right to enter into any binding contracts, agreements, commitments, or the like on behalf of, or for, the other party.
- Agreement Inoperable. In the event circumstances arise, that are out of the control of either party, and prohibit either party from the bargained for benefit of this Agreement,
and/or any ancillary contract, or agreement otherwise, for receipt of compensation in exchange for activ8 services and/or use of activ8 equipment, both the Guest and activ8 are relieve from the rights, duties, and obligations herein. Such circumstances include fire, flood, acts of God, elements, riot, insurrection, accident, legal restrictions, or any other circumstance beyond the control of either party.
- Remedies. The Guest, by executing this Agreement, does hereby agree that in addition to any and all legal remedies available to activ8 in event this Agreement is breached by the Guest, activ8 shall be entitled to a Temporary Injunction suspending and/or prohibiting the use of the equipment, including the games, programs, or files, in relation to the Operation of this Agreement by the Guest.
- Notice of Unauthorized or Illegal Use. The Guest, by executing this Agreement, does hereby agree to provide written notice to activ8 within three (3) days of the date of, or from the date the Guest should have known of, unauthorized or illegal use of the equipment and/or games, programs, files, or the like, for which activ8 has been granted a license by the Publisher for the authorized use thereof.
- Indemnification. The Guest, by executing this Agreement, does hereby agree to defend activ8 against any unauthorized and/or illegal use of the equipment, games, files, or the like, for which activ8 has been granted a license by the Publisher for the authorized use thereof.
- Public Business Establishment covenant to abide by the Law. The Guest, operating as a public business establishment, agrees to abide by all municipal, state, and federal laws at all times relevant to this Agreement, and agrees to hold harmless and indemnify activ8 against liability resulting from the Guest’s breach and/or attempted breach of municipal, state, or federal law.
ENTIRE AGREEMENT AND/OR MODIFICATIONS
- Entire Agreement/Modifications. This Agreement contains an agreement between the parties as to the matters specified herein. This Agreement may not be the only agreement between the parties related to the same transaction or occurrence. There are no other additional promises, covenants, undertakings, or other agreements beyond those that are expressly stated herein. Any modification, amendment, deviation or action otherwise inconsistent with the terms as set forth herein is invalid unless stated in writing and duly authorized by a representative from activ8 and the Guest. This Agreement may executed in two or more counterparts which shall constitute one Agreement.
Any and all terms of an Agreement for Financial Compensation between the two named parties to this Agreement shall be incorporated into this Agreement by reference as though the terms of a Financial Compensation Agreement have been set forth herein word for word.