ADVERTISING MANAGEMENT SERVICES AGREEMENT

 

Entered into on the date of client booking

Parties:

THE LOCALS BOARD
1048 Jay Crescent Squamish, BC
shannon@thelocalsboard.com
604-815-7688
Known as ” THE LOCALS BOARD”

 

And “Client”

Collectively, all of the above people or businesses entering into this Agreement will be referred to as the “Parties.”


PURPOSE OF THE AGREEMENT

Client wishes to hire THE LOCALS BOARD to provide advertising services relating to Client’s marketing needs, as detailed in this Agreement.  THE LOCALS BOARD has agreed to provide such services according to the terms of this Agreement.

TERMS

Client chooses Manager’s package.

Services: THE LOCALS BOARD shall provide Client with the following services on the community board (known as “Services” in this Agreement):

  • AD SPACE
  • DISTRIBUTION OF POSTER BOARD EVERY 2 MONTHS WITH NEW LOOK
  • PROFESSIONAL PRINT PRODUCTION OF PRODUCT


THE LOCALS BOARD shall provide Client with the following additional services on an ‘as needed’ basis at the discretion of the THE LOCALS BOARD

  • DESIGN OF AD
  • PHOTO SHOOT CURATION 
  • EVENT LISTING ON BOARD 

 

Cost: The total cost (“Total Cost”) for all Services varies based on size and length of term and is due upon receipt of invoice.

[IF YOU HAVE BEEN APPROVED FOR A PAYMENT PLAN, FEES WILL BE DUE ON THE 1ST OF EACH MONTH.

[EXAMPLE:

$300 due by March 1, 2021
$300 due by April 1, 2021
$300 due by May 1, 2021

 

Fees: THE LOCAL’S BOARD hourly rate is $75 per each hour spent on Client’s Services over the allotted amount of time purchased for special requests.

Expenses: Any expenses incurred by THE LOCALS BOARD while providing Client with Services will be invoiced to Client in a timely manner. Client is responsible for paying as agreed upon. 

Late Fees: If THE LOCALS BOARD does not receive payment from Client within fourteen calendar days of any payment date, then Client will be charged a late fee of 1.5% of the outstanding amount per each day that THE LOCALS BOARD does not receive payment. If THE LOCALS BOARD has made reasonable attempts to notify Client of Client’s outstanding balance, and Client’s balance remains unpaid or partially paid, then THE LOCALS BOARD reserves the right to send Client to collections for any and all outstanding payments. Client agrees to pay for all THE LOCALS BOARD reasonable collections and legal costs encountered while attempting to collect against Client.

  • For example, Client owes Manager $1000 due on April 1 and fails to pay by April 14th. On April 15th, Client owes Manager $1015. On April 16th, Client owes Manager $1030.23. On April 17th, Client owes Manager $1045.68, and so on.

Schedule: THE LOCALS BOARD shall deliver Services on time every two months for a new poster board. Client must respond to any THE LOCALS BOARD communication within a reasonable amount of time so the poster can be produced. All ads must be in by the 15th of each month. If Services are delayed due to lack of response, Client must pay an additional fee of $50.00 to restart the Services in a timely manner.

Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” in this Agreement) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement. 

Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Company in whatever form to any parties outside of this Agreement. 

This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third-party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third-party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.

Relationship of the Parties: THE LOCALS BOARD and any related subcontractors are not employees, partners, or members of Client’s company or organization. THE LOCALS BOARD has the sole right to control and direct the means, manner, and method by which the services in this Agreement are performed. THE LOCALS BOARD has the right to hire assistants, subcontractors, or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes, registrations, or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance, or unemployment fees to Manager.

 

INTELLECTUAL PROPERTY 

Copyright: THE LOCALS BOARD retains the ownership of its copyright in any and all work designed and produced. Any and all work produced in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by THE LOCALS BOARD. THE LOCALS BOARD grants to Client a non-transferable, non-exclusive, royalty free license of work produced with and for Client for the specific purpose. Any unauthorized use of the work, such as using the work for other purposes than those specified in this Agreement, will result in additional fees and/or royalty payments to THE LOCALS BOARD. Parties own their respective trademarks and intellectual property.

Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.

Style Release: Client has spent a satisfactory amount of time reviewing THE LOCALS BOARD work and has a reasonable expectation that THE LOCALS BOARD Services will produce a reasonably similar outcome and result for Client. THE LOCALS BOARD will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with THE LOCALS BOARD current portfolio and services, and THE LOCALS BOARD will try to incorporate any suggestions Client makes. However, Client understands and agrees that:

  • Every client and final delivery is different, with different tastes, budgets, and needs.
  • THE LOCALS BOARD will use his/her personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions.
  • Dissatisfaction with THE LOCALS BOARD independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.

Limit of Liability:

A. Client agrees that the maximum amount of damages s/he is entitled to in any claim of or relating to this Agreement or Services provided in this Agreement are not to exceed THE LOCALS BOARD total cost of Services as set forth in this Agreement.

B. The Locals Board limits any liability for injury, death, inability to perform the services for any reason, failure to deliver for any reason or any other types of damages to the return of all payments already paid to the Company up to the total amount set forth in this agreement.

Indemnification: Client agrees to indemnify and hold harmless THE LOCALS BOARD and its employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to Services provided in this Agreement.

Client Responsibilities: Client agrees that the accuracy of information supplied to THE LOCALS BOARD is the sole responsibility of Client, and that THE LOCALS BOARD is not responsible and shall not be held liable for the results of services performed on the basis of inaccurate, incomplete or untruthful information provided by Client. Client assumes full responsibility for final deliverable(s) provided, final proofing and accuracy. 

Assumption of Risk: Client and related parties/participants expressly assume any risk of Services and related activities as described in this Agreement. 

 

CANCELLATIONS OR RESCHEDULING

Client Desires to Cancel or Reschedule: If the Client desires to cancel part of their subscription they signed up for there will be no refunds. Client may be issued a credit for future services with THE LOCALS BOARD at their  discretion. THE LOCALS BOARD has no obligation to attempt to re-book further Services to make up for Client’s cancellation or rescheduling.

THE LOCALS BOARD Desires to Cancel or Reschedule: In the event THE LOCALS BOARD cannot or will not perform his/her obligations in any or all parts of this Agreement, THE LOCALS BOARD (or a responsible party) will immediately give Notice to Client, and at THE LOCALS BOARD discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of THE LOCALS BOARD, no reasonable substitute is found, THE LOCALS BOARD shall excuse Client of further performance obligations in this Agreement.

Force Majeure: Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, global pandemic, flooding, storms, or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either Party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

 

GENERAL PROVISIONS

Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.

Merger: This Agreement constitutes the final, exclusive agreement between the parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Assignment: Neither Party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided in this Agreement.