06-12-2007 WESTERN ENTERPRISES LETTER OF AGREEMENTLETTER OF AGREEMENT
Between
Town of Avon
P.O. Box 975
Avon, Colorado 81620
970 748 4032
Associate Sponsor
Western Enterprises
13513 West Carrier Road
Carrier, OK 73727
This Agreement is entered into by and between Town of Avon (the "TOA"), an incorporated
Town of the State of Colorado and ("Sponsor").
WITNESSETH:
Whereas, the TOA has the exclusive right to organize and conduct the "Salute to the U.S.A."
("the Event") within Nottingham Park and has scheduled activities as part of its summer
programs on July 3, 2007 and
Whereas, Sponsor is interested in providing financial support for the Event in exchange for certain
promotional rights to be provided by the TOA for Sponsor's interests;
NOW, THEREFORE, in consideration of the mutual promises herein contained, the adequacy and
sufficiency of which is herby acknowledged, the parties hereby agree as follows:
1. Term
This term of this Agreement begins on the date the Agreement is signed by both parties and shall
continue in full force and effect through July 3, 2007, except the provisions of Paragraph 13
hereof, which provisions shall be effective as provided in that paragraph.
2. Nature of Services
The services are described in this Agreement and the related Attachments. The TOA hereby
grants Sponsor the non-exclusive rights to the Sponsorship acknowledgments and benefits as
outlined herein and in Attachment A. Sponsor shall have non-exclusive rights for this category
level.
3. Compensation and Commitments
Sponsor agrees to pay the TOA by the date specified in Attachment B and the amount outlined
in Attachment B in exchange for the Sponsorship and benefits promised herein and in related
Attachments. Should the Sponsorship Fee not be paid in full by the date specified in Attachment
B, the TOA has the right to ban all Sponsor's activities and signage from setting up on Event
grounds. Sponsor agrees to fulfill its pre-event and on-site obligations and commitments as
outlined herein and in related Attachments.
4. Reference to Sponsorship in Advertising
Subject to the TOA's rights of approval as described in this Agreement, during the term of this
Agreement, Sponsor may identify itself as a Sponsor of Event and may use the name of the
event or location in its advertising.
6. Use of Trademarks
Sponsor grants the TOA the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, to use the Sponsor's trademarks to advertise, publicly represent and
otherwise promote the fact that it is a Sponsor of the Event. This license specifically authorizes
the TOA to refer to "Sponsor" as a Sponsor of the Event.
Please acknowledge that each page is satisfactory by initialing:
TOA Sp nsor
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The TOA grants Sponsor the right and non-exclusive license, worldwide and royalty free, during
the term of this Agreement, to use the TOA's trademarks to advertise, publicly represent and
otherwise promote the fact that it is a Sponsor of The Event. This license specifically authorizes
Sponsor and/or "Sponsor" to refer to itself as a Sponsor of the Event.
Before either party may use the trademark licenses referred to in this Agreement, it shall first
submit the concept or a sample of the proposed use to the other party, for approval, which
approval shall not be unreasonably withheld.
Sample of the TOA's trademark:
C O L O R A D O
Sample of the Sponsor's trademark:
7. Signage and Banners
All Sponsor signage at the Event must represent Sponsor, and be approved by the TOA in
advance of the Event, which approval will not be unreasonably withheld. The TOA assumes no
responsibility in case of loss or damage to signage submitted for use during the Event. No third
party or handwritten signage is allowed and all signage must be of professional quality. Signage
of designated media Sponsors is allowed, subject to approval by the TOA and Sponsor. Sponsor
must make best efforts to ensure that handbills/flyers/posters etc. created for the Event are
distributed legally and with proper approval.
8. Fulfillment/ Force Majeure Events
In the event that any scheduled performance or activity is subject to cancellation by illness,
accidents, failure of means of transportation, lack of event funding, act of God, riots, strikes,
labor difficulties, act or order of any public authority, or any cause similar, to the foregoing which
is beyond control of the parties, both shall be relieved of their respective obligations for the
performance or activity so prevented, and Sponsor shall be entitled to an immediate refund of
the Sponsorship fee. In the event that the event is postponed for one day due to rain, the
Sponsorship fee will not be refunded.
Please acknowledge that each page is satisfactory by initialing:
TOA Sponsor
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9. Discretionary Matters
It is agreed that the TOA enters into this agreement as the producer of the Event, and it has sole
and exclusive control over the production and presentation of scheduled Event performances
or activities, including but not limited to, details, means and methods of performances and
activities presented, and persons employed by the TOA. Sponsor has no right to control or direct
the result of or the details, methods, manner or means by which the TOA manages or operates
its business or performs the services related to transportation, facilities, equipment and supplies
needed to fulfill this Agreement. The TOA reserves the right to terminate this agreement with
Sponsor when Sponsor's actions are determined to be materially detrimental to the good image
of the Event. Any decision affecting any matter not expressly provided herein or attached
hereto shall rest solely with the TOA.
10. Notices
All notices, payments and statements provided for herein shall be in writing and shall be
deemed given if sent by Registered or Certified Mail, postage prepaid, by express delivery
service (receipt requested), or by verifiable facsimile transmission, addressed to the parties at
their respective address set forth below, or at such other addresses as either party may from time
to time specify to the other in writing:
The TOA: Town of Avon
Town Clerk
P.O. Box 975
Avon, Colorado 81620
970 748 4032
Sponsor:
11. Indemnify
TOA will indemnify Sponsor and hold Sponsor harmless against any loss, claim, damage, liability
or expense that Sponsor may suffer or that may be asserted against Sponsor in connection with
any injury, death or property damage resulting from the Event, subject to the limitations of the
Colorado Governmental Immunity Act.
12. Law
This Agreement shall be construed, governed and interpreted pursuant to the laws of the State
of Colorado applicable to agreements only to be performed therein. 13. Venue
Venue for any legal proceeding arising from this agreement shall be proper in any court of
competent jurisdiction located in the County of Eagle, State of Colorado.
Please acknowledge that each page is satisfactory by initialing:
TOA Insor
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In WITNESS- REO.E the parties hereto have duly executed this Agreement as of the date first
written dbove. ; I - - I la,~67
wn of Avon Date
Ron Wolfe I
Mayors
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Sponsor Signature Date 0
Title
Please acknowledge that each page is satisfactory by initialing:
TOA SpOns r
Page 4 it/I
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ATTACHMENT A
SPONSOR ACKNOWLEDGEMENTS & BENEFITS
Definition of Sponsorship:
Sponsor shall be the Corporate Sponsor of Salute to the U.S.A. to be held in Avon, Colorado.
The TOA will provide Sponsor with the following event-related acknowledgements and benefits:
1. Sponsor Name/Logo Placement In/On:
• All TOA print and web related marketing and advertising developed in support of the
Event.
• Radio advertising.
• Event press release.
• Posters to be distributed prior to event in local and regional businesses.
2. Sponsor On-Site Exposure:
• Sponsor will be thanked during stage announcements made prior to artists performing on
the stage, during set breaks, and prior to fireworks show.
• Placement of 4 Sponsor banners prominently throughout event site. Signage costs are not
included in the Sponsorship fee.
3. Sponsor Promotions:
• Sponsor has the opportunity to develop, produce, and implement promotions related to
the Event with prior approval by The TOA. The TOA must have the opportunity to review
and authorize any promotions or advertisement utilizing the Event name, likeness, or logo
during the conceptual stage, and then again prior to final production. Such authorization
shall not be unreasonably withheld.
• Sponsor has the opportunity to develop Product placement/display on site in
Nottingham Park during the event. The TOA must have the opportunity to review and
authorize any promotions during the conceptual stage, and then again prior to final
production. Such authorization shall not be unreasonably withheld.
4. VIP Passes/Additional Benefits:
The TOA will provide 8 VIP passes to the Sponsor, and 2 parking passes.
• Sponsor will receive one 25-punch admission card to the Avon Rec Center.
Please acknowledge that each page is satisfactory by initialing:
TOA ponsor
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ATTACHMENT B
• SPONSORSHIP FEES & ADVERTISING COMMITMENTS
(Sponsor) agrees to pay the TOA 6,000 dollars by May 10, 2007.
Sponsorship fee entitles the Sponsor to the terms listed in the above agreement.
Please acknowledge that each page is satisfactory by initialing:
TOA Sponsor
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