TERMS & CONDITIONS
This Event Sponsorship Agreement (“Agreement”) is entered into by and between the Texas Craft Brewers Guild (“TCBG”) and (“Sponsor”) to set forth the terms and conditions upon which Sponsor agrees to sponsor one or more of the following events, herein referred to as “Festival(s)”:
YOU AGREE TO SPONSOR the following event at the level(s) indicated in the Event Sponsorship Contract (“Sponsored Festival(s)”):
☑ 2021 Texas Craft Brewers Festival
1. General. The Festival(s) are organized by the TCBG, a non-profit organization.
2. Term. This Agreement shall be effective from the date set forth below through the scheduled dates of completion of the Sponsored Festival(s) (“Term”). TCBG will use its best efforts to conduct the Sponsored Festival(s) on their scheduled dates as indicated in the Event Sponsorship Contract.
3. Name and Logo Usage. The ‘Texas Craft Brewers Guild’ name, the ‘Texas Craft Brewers Festival’ name, the “Partners in Craft” name, and all corresponding logos as directly provided by the TCBG are owned by the TCBG. The TCBG is authorized and does, hereby, grant Sponsor a limited, non-exclusive use of Festival(s) names and corresponding logos (“Festival Logo(s)”) for the Sponsored Festival(s), solely for the purpose of simultaneously promoting Sponsor and the Sponsored Festival(s) during the Term of this Agreement. Sponsor shall not transfer or assign the use of the Festival Logo(s) to any person or entity without the prior written consent of the TCBG. Sponsor will present to the TCBG for its approval, prior to printing, distribution, publication, display or use, any item or material that uses or refers to the Festival Logo(s), including, but not limited to, promotional materials, merchandise and giveaways. All advertising and promotional materials should reference the Sponsor’s relationship to the Sponsored Festival(s) as that of a “Sponsor,” and all usage of the Sponsored Festival(s)’s names should appear exactly as in the Event Sponsorship Contract.
4. Sponsor Licensed Marks. Sponsor grants the TCBG a limited, non-exclusive license to use Sponsor’s name, logo, service marks and trademarks (“Sponsor Licensed Marks”) solely for the purpose of including Sponsor in listings and descriptions of Festival sponsors during the Term of this Agreement. The TCBG shall not sublicense, transfer or assign the use of the Sponsor Licensed Marks to any person or entity without the prior written consent of Sponsor.
5. Sponsorship Benefits/Payment. Unless otherwise specified in writing herein above or an attached addendum, Sponsor shall receive the sponsorship package selected in the Event Sponsorship Contract (i.e., Co-Presenter, Brewer Titan, God, Geek, etc.) and its corresponding benefits as described in the Festival(s) Sponsor Kit (“Kit”), which Kit is incorporated by reference into this Agreement as if set forth at length herein, and pay the corresponding sponsorship fee (“Fee”) specified in the Event Sponsorship Contract.
In consideration of the rights granted hereunder, Sponsor shall deliver payment of the Fee to TCBG no later than August 2, 2021 (“Timely Payment”). Failure to make Timely Payment shall result in a forfeiture of Sponsor’s sponsorship rights. The TCBG may require Sponsor to provide additional documentation to support the value of in-kind donations prior to accepting such donations as credit toward Sponsor’s Fee. Sponsor must inform TCBG if a third-party will be facilitating payment on behalf of the sponsor. While TCBG will accept payment from a third-party, timely payment of sponsorship fees is the sole responsibility of the Sponsor.
6. Cancellation. The TCBG shall not be responsible for damages that result from delays or postponements of the Sponsored Festival(s) due to circumstances beyond its reasonable control. In the event that the Sponsored Festival(s) do not take place due to any cause beyond the reasonable control of the parties, Sponsor’s sponsorship fee as set forth in the Event Sponsorship Contract shall be treated as a donation to the TCBG and shall not be reduced or refunded. In the event that TCBG opts to cancel the festival due to precautions or restrictions related to the COVID-19 pandemic, TCBG may honor sponsorship commitments established herein at the following year's Texas Craft Brewers Festival or another TCBG-run festival or event of similar size and scope.
7. Insurance. Each party shall maintain, during the Term of this Agreement, insurance in an amount that it has determined to be reasonably sufficient to cover liability for bodily injury, property damage and death arising out of the party’s activities in connection with the activities that are the subject of this Agreement.
8. Relationship/Entire Agreement. The parties to this Agreement have no legal relationship other than as contracting parties to this Agreement. This Agreement represents the entire agreement between the parties, and supersedes any prior understandings or agreements. This Agreement may only be amended by written agreement signed by both parties.
9. Indemnity. Each party agrees to indemnify and hold the other harmless from and against any and all expenses, including reasonable attorneys’ fees, that the other party may incur by reason of (a) any claim arising out of the indemnifying party’s negligence, intentional misconduct performance or failure to perform pursuant to this Agreement; or (b) any service or product sold or provided by the indemnifying party in connection with the Festival. All individuals provided by or associated with Sponsor who perform services at the Festival shall perform such services at the direction of, under the supervision and control of, and for the benefit of Sponsor. Sponsor shall be responsible, as between Sponsor and the TCBG, for any injuries or damages caused by or to said individuals.
10. Governing Law. This Agreement shall be governed by the laws of the State of Texas.