1. Introduction - These Terms and Conditions ("Terms") apply to all sponsorship agreements ("Sponsorship") entered into by Newnan Porchfest ("Festival"), a Limited Liability Company based in Newnan, Georgia. By signing the Sponsorship Agreement, the Sponsor ("Sponsor") agrees to the following Terms.
2. Sponsorship Benefits - The Festival agrees to provide the Sponsor with the benefits outlined in the Sponsorship Package selected by the Sponsor. These benefits may include, but are not limited to, logo placement, promotional opportunities, event tickets, and on-site presence. The specific benefits are detailed in the Sponsorship Agreement.
3. Sponsor Obligations - The Sponsor agrees to provide the Festival with the agreed-upon sponsorship fee ("Sponsorship Fee") by the payment deadline specified in the Sponsorship Agreement. The Sponsor also agrees to provide all necessary materials (e.g., logos, promotional content) in the required format by the deadlines specified by the Festival.
4. Payment Terms - The Sponsorship Fee is due and payable within 10 days of signing the Sponsorship Agreement. Payment must be made in full before any sponsorship benefits are provided. Late payments may result in forfeiture of sponsorship benefits at the discretion of the Festival.
5. Cancellation and Refunds - In the event that the Sponsor wishes to cancel their Sponsorship, the Sponsor must provide written notice to the Festival. All Sponsorship Fees are non-refundable, regardless of the timing of the cancellation. The Sponsor acknowledges and agrees that by entering into the Sponsorship Agreement, they are committing to the full Sponsorship Fee, even if they choose to cancel their participation at a later date.
If the Festival is unable to fulfill the sponsorship benefits due to cancellation by the Sponsor, the Festival shall not be liable for any refunds or compensation.
6. Event Cancellation or Postponement - If the Festival is canceled or postponed due to circumstances beyond the Festival's control (e.g., weather, government regulations, acts of God), the Festival will make reasonable efforts to reschedule the event. If the event cannot be rescheduled, the Sponsor may choose to apply the Sponsorship Fee to a future event or receive a partial refund, as determined by the Festival.
7. Use of Sponsor’s Name and Logo - The Sponsor grants the Festival a non-exclusive, royalty-free license to use the Sponsor’s name, logo, and other branding materials in connection with the promotion and conduct of the Festival. The Sponsor warrants that they have the right to grant this license and that the materials provided do not infringe the rights of any third party.
8. Indemnification - The Sponsor agrees to indemnify and hold harmless the Festival, its organizers, and any associated parties from any and all claims, damages, liabilities, and expenses arising out of or in connection with the Sponsor's participation in the Festival, including but not limited to the use of the Sponsor's logo and branding materials.
9. Limitation of Liability - The Festival’s liability to the Sponsor for any claim related to the Sponsorship Agreement, whether in contract, tort, or otherwise, shall be limited to the amount of the Sponsorship Fee paid by the Sponsor. Under no circumstances shall the Festival be liable for any indirect, incidental, or consequential damages.
10. Governing Law - These Terms and the Sponsorship Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles.
11. Entire Agreement - These Terms and the Sponsorship Agreement constitute the entire agreement between the Festival and the Sponsor with respect to the Sponsorship and supersede all prior agreements, understandings, or negotiations, whether written or oral.
12. Amendments - Any amendments to these Terms or the Sponsorship Agreement must be made in writing and signed by both parties.
13. Severability - If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. Acceptance of Terms - By signing the Sponsorship Agreement, the Sponsor acknowledges that they have read, understood, and agree to these Terms and Conditions.
