SPONSORSHIP TERMS & CONDITIONS
BETWEEN SPONSOR AND THE NOWELL FAMILY FOUNDATION
The following terms and conditions apply to sponsorships and/or underwriting of events of The Nowell Family
Foundation, A Sublime Life, and Sublime Family Jam (“NFF”):
1. Sponsorship Commitment: Sponsor has made a financial contribution (the “Payment”) as a sponsor and/or
underwriter of the NFF event (the “Event”) identified on a sponsor commitment form, sponsorship package, pledge
form, NFF website or similar agreement (each, a “Sponsorship Commitment”). NFF will have unrestricted use of the
Payment. Any goods or services contributed by Sponsor or promotional activities conducted by Sponsor in
connection with Event are provided as a charitable contribution to NFF and without consideration.
2. Sponsorship Acknowledgements. NFF will provide the public recognition and acknowledgment applicable
to Sponsor’s support level as set forth in the Sponsorship Commitment (the “Sponsorship Acknowledgments”).
Acknowledgement of Sponsor’s sponsorship, while identifying Sponsor, will not endorse Sponsor’s products or
services or contain any qualitative or comparative language or price information with respect to Sponsor’s products
or services. Sponsorship Acknowledgments are not being provided as consideration of the Payment and the value of
such acknowledgments will not exceed 2% of the Payment value. NFF will arrange and bear all costs and expenses
related to Sponsor Acknowledgements.
3. Sponsorship Benefits. NFF will provide the additional sponsorship benefits (such as Event admission, food
and beverage, entertainment, VIP seating, etc.) applicable to Sponsor’s support level as set forth in the Sponsorship
Commitment (“Benefits”). NFF will arrange and bear all costs and expenses related to Benefits.
4. Tax Treatment. NFFis a qualified public charity under Section 501(c)(3) of the Internal Revenue Code (the
“Code”). Sponsor’s Payment is a qualified sponsorship payment under Section 513(i) of the Code and
nonrefundable. To the extent that Sponsor’s Payment exceeds the fair market value of all goods, services and other
return benefits received by Sponsor, it is considered a charitable donation to NFF and tax-deductible to the extent
permitted by law. NFF will provide Sponsor with documentation of the fair market value of all return benefits
received in connection with the Event. In no event will the value of return benefits exceed the Payment. The return
benefits are not intended to be available as a regularly occurring sale or an offer of advertising. Sponsor is
responsible for consulting with its own tax advisor regarding the deductibility and treatment of its Payment,
including contributed goods, for its own tax purposes. Contributed services are not tax-deductible.
5. Use of Names and Logos. Sponsor grants to NFF the free, limited, non-exclusive, nontransferable,
nonassignable, revocable right and license to use the Sponsor’s name and logo provided by Sponsor solely for the
purpose of providing the Sponsorship Acknowledgments, Benefits and otherwise fulfilling its obligations under
these Terms and Conditions. Sponsor has the right to publicly announce and promote its sponsorship of the Event
using the NFF name as follows: “[Sponsor] is [or was] a proud Sponsor of the [Event]” or in similar language
approved in advance by NFF. In any online announcement, a link to www.thenowellfamilyfoundation.org will be
provided. Any use of the NFF logo or any use of the NFF name other than the language set forth above, requires the
prior written review and approval of NFF. In no event shall Sponsor use NFF’s name or logo in connection with the
sale of a product or service. Upon request, Sponsor will provide NFF with copies of any Sponsor materials that use
the NFF name or logo. All use of the NFF name or logo inures to the benefit of NFF. All Sponsor’s right to use the
NFF name and/or logo will terminate one (1) year after the Event, or earlier upon NFF’s written notice of
termination. Both parties further agree not to use each other’s intellectual property in any way that would imply
endorsement of one’s self or demean, defame, embarrass, diminish or cause any harm to the other.
6. Sponsorship Scope. Unless otherwise expressly identified on the Sponsorship Commitment, Sponsor will be a
non-exclusive sponsor of the Event and NFF reserves the right to have other sponsors. Sponsor acknowledges that
all Sponsorship Acknowledgements and Benefits provided by NFF relate only to the identified Event, and not
similar NFF events held in other locations.
8. Force Majeure. Neither Sponsor nor NFF will be deemed to be in default of any provision of this
Agreement, or for failures in performance, resulting from acts of God, fire, flood, communicable disease outbreak,
epidemic, public health emergency, natural catastrophe, severe weather, war, terrorism, labor dispute, governmental
regulation or act, or similar events beyond the party’s reasonable control, including any quarantine, travel warning or
restriction or other action of government agencies or commercial entities intended to control, mitigate or otherwise
address the foregoing (a “Force Majeure Event”).
9. Discretionary Authority. Sponsor understands that the Event is being conducted, and Sponsor’s Payment
will be utilized, in furtherance of NFF’s charitable mission. Sponsor acknowledges that NFF shall retain full
discretion and control over the Event, including planning, schedule, and operations. NFF reserves the right to
reschedule or cancel the Event for any Force Majeure Event or any other reason it deems necessary or advisable,
including without limitation logistical complications, public health concerns, severe weather forecast or other
circumstances potentially affecting Event operations, attendance or success. In such cases, NFF will make
reasonable efforts to provide Sponsorship Acknowledgements and Benefits at a rescheduled or comparable event
within a reasonable time with Sponsor’s approval.
10. Applicable Law, Jurisdiction, and Special Damages. These Terms and Conditions will be governed by the
laws of the state of Georgia. The state and federal courts located in Fulton County, Georgia will have exclusive
jurisdiction over all claims brought under this Agreement. Neither party will be liable for any indirect, special or
consequential damages. This limitation of liability will not limit either party’s gross negligence or willful
misconduct.
11. Miscellaneous. If any provision of these Terms and Conditions of Sponsorship are held invalid or
unenforceable in any circumstances by a court of competent jurisdiction, the remainder of these Terms and
Conditions, and the application of such provision in any other circumstances, will not be affected thereby. The
remedies specified herein are cumulative and in addition to any remedies available at law or in equity. Waiver of a
breach of any provision of these Terms and Conditions does not constitute a waiver of any other breach of the same
provision or any other provision of these Terms and Conditions All Sections of these Terms and Conditions that by
their nature are intended to survive expiration or termination will so survive. These Terms and Conditions, together
with the Sponsorship Commitment, constitutes the entire agreement between the parties with respect to its subject
matter and supersedes all other communications between the parties with respect to such subject matter. In the event
of a conflict between these Terms and Conditions and the Sponsorship Commitment, these Terms and Conditions
will control. Nothing in this Agreement shall be construed to create a partnership or joint venture between the parties
and neither party shall have the right to bind the other to any contracts, agreements, or other obligations without the
express, written consent of an authorized representative of such party. These Terms and Conditions, and the rights
granted hereunder, may not be assigned by either party without the prior written consent of the other party.